The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 037 : Wetlands Protection and Water Resources Management

Subchapter 004 : WETLANDS DETERMINATIONS AND PROTECTION

• § 918. Net gain of wetlands; State goal; rulemaking

  (a) On or before July 1, 2025, the Secretary of Natural Resources shall amend the Vermont Wetlands Rules pursuant to 3 V.S.A. chapter 25 to clarify that the goal of wetlands regulation and management in the State is the net gain of wetlands to be achieved through protection of existing wetlands and restoration of wetlands that were previously adversely affected. This condition shall not apply to wetland, river, and flood plain restoration projects, including dam removals.

  (b) The Vermont Wetlands Rules shall prioritize the protection of existing intact wetlands from adverse effects. Where a permitted activity in a wetland will cause more than 5,000 square feet of adverse effects that cannot be avoided, the Secretary shall mandate that the permit applicant restore, enhance, or create wetlands or buffers to compensate for the adverse effects on a wetland. The amount of wetlands to be restored, enhanced, or created shall be calculated, at a minimum, by determining the acreage or square footage of wetlands permanently drained or filled as a result of the permitted activity and multiplying that acreage or square footage by two, to result in a ratio of 2:1 restoration to wetland loss. Establishment of a buffer zone contiguous to a wetland shall not substitute for the restoration, enhancement, or creation of wetlands. Adverse impacts to wetland buffers shall be compensated for based on the effects of the impact on wetland function.

  (c) At a minimum, the Wetlands Rules shall be revised to:

  (1) Require an applicant for a wetland permit that authorizes adverse impacts to more than 5,000 square feet of wetlands to compensate for those impacts through restoration, enhancement, or creation of wetland resources.

  (2) Incorporate the net gain rule into requirements for permits issued after September 1, 2025.

  (3) Establish a set of parameters and restoration ratios applicable to permittee-designed restored wetland restoration projects, including a minimum 2:1 ratio of restoration to loss to compensate for permanently filled or drained wetlands. These parameters shall include consideration of the following factors:

  (A) the existing level of wetland function at the site prior to mitigation or restoration of wetlands;

  (B) the amount of wetland acreage and wetland function lost as a result of the project;

  (C) how the wetland acreage and functions will be restored at the proposed compensation site;

  (D) the length of time before the compensation site will be fully functional;

  (E) the risk that the compensation project may not succeed;

  (F) the differences in the location of the adversely affected wetland and the wetland subject to compensation that affect the services and values offered; and

  (G) the requirement that permittees conduct five years of post- restoration monitoring for the restored wetlands, at which time the Agency can decide if further action is needed.

  (d) When amending the Vermont Wetlands Rules under this section, the Secretary shall establish a Vermont in-lieu fee (ILF) compensation program for wetlands impacts that may be authorized as compensation for an adverse effect on a wetland when the permittee cannot achieve restoration. The Secretary may implement a Vermont ILF compensation program through agreements with third-party entities such as the U.S. Army Corps of Engineers or environmental organizations, provided that any ILF monetary compensation authorized under the rules shall be expended on restoration, reestablishment, enhancement, or conservation projects within the State at the HUC 8 level of the adversely affected wetland when practicable. (Added 2023, No. 121 (Adj. Sess.), § 15, eff. July 1, 2024.)