§ 1023. Investigation, permit
(a) Upon receipt of an application, the Secretary shall cause an investigation of the
proposed change to be made. Prior to making a decision, a written report shall be
made by the Secretary concerning the effect of the proposed change on the watercourse.
The permit shall be granted, subject to such conditions determined to be warranted,
if it appears that the change:
(1) will not adversely affect the public safety by increasing flood or fluvial erosion
hazards;
(2) will not significantly damage fish life or wildlife;
(3) will not significantly damage the rights of riparian owners; and
(4) in case of any waters designated by the Secretary as outstanding resource waters,
will not adversely affect the values sought to be protected by designation.
(b) The reasons for the action taken under this section shall be set forth in writing
to the applicant.
(c) If the local legislative body and planning commission determine in writing by majority
vote of each that instream material in a watercourse is threatening life or property,
due to increased potential for flooding, and that the removal of instream material
is necessary to prevent the threat to life or property, and if a complete permit application
has been submitted to the Secretary, requesting authority to remove instream material
in the minimum amount necessary to remove threats to life or property, the local legislative
body and the planning commission may request an expedited review of the complete permit
application by notifying the Secretary and providing copies of their respective decisions.
If the Secretary fails to approve or deny the application within 45 calendar days
of receipt of notice of the decisions, the application shall be deemed approved and
a permit shall be deemed to have been granted. Instream material removed shall be
used only for public purposes, and cannot be sold, traded, or bartered. The fact that
an application for a permit has been filed under this subsection shall not limit the
ability to take emergency measures under subsection 1021(b) of this title. For the purposes of section 1024 of this title, if a permit has been deemed to have been granted under this subsection, that permit
shall constitute a decision of the Secretary.
(d)(1) The Secretary shall conduct training programs or seminars regarding how to conduct
stream alteration, water quality review, stormwater discharge, fish and wildlife habitat
preservation, and wastewater discharge activities necessary during:
(A) a state of emergency declared under 20 V.S.A. chapter 1;
(B) flooding; or
(C) other emergency conditions that pose an imminent risk to life or a risk of damage
to public or private property.
(2) The Secretary shall make the training programs or seminars available to Agency employees
in an Agency division other than the watershed management division, employees of other
State and federal agencies, regional planning commission members and employees, municipal
officers and employees, and State, municipal, and private contractors.
(e) The Secretary is authorized to enter into reciprocal mutual aid agreements or compacts
with other states to assist the Secretary and the State in addressing watershed, river
management, and transportation system issues that arise when a state of emergency
is declared under 20 V.S.A. chapter 1. (Added 1965, No. 111, § 3, eff. June 22, 1965; amended 1969, No. 281 (Adj. Sess.), § 8; 1975, No. 150 (Adj. Sess.), § 4; 1981, No. 222 (Adj. Sess.), § 24; 1983, No. 193 (Adj. Sess.), § 6, eff. April 27, 1984; 1987, No. 67, § 6; 1999, No. 114 (Adj. Sess.), § 1, eff. May 19, 2000; 2011, No. 138 (Adj. Sess.), § 4, eff. May 14, 2012; 2013, No. 161 (Adj. Sess.), § 72; 2015, No. 150 (Adj. Sess.), § 11, eff. Jan. 1, 2018.)