The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 151 : State Land Use and Development Plans

Subchapter 002 : ADMINISTRATION

• § 6027. Powers

  (a) The Board and District Commissions shall have supervisory authority in environmental matters respecting projects within their jurisdiction and shall apply their independent judgment in determining facts and interpreting law. Each shall have the power, with respect to any matter within its jurisdiction, to:

  (1) administer oaths, take depositions, subpoena and compel the attendance of witnesses, and require the production of evidence;

  (2) allow parties to enter upon lands of other parties for the purposes of inspecting and investigating conditions related to the matter before the Board or Commission;

  (3) enter upon lands for the purpose of conducting inspections, investigations, examinations, tests, and site evaluations as it deems necessary to verify information presented in any matter within its jurisdiction; and

  (4) apply for and receive grants from the federal government and from other sources.

  (b) The powers granted under this chapter are additional to any other powers that may be granted by other legislation.

  (c) The Board may designate or establish regional offices as it deems necessary to implement the provisions of this chapter and the rules adopted. The Board may designate or require a regional planning commission to receive applications, provide administrative assistance, perform investigations, and make recommendations.

  (d) At the request of a District Commission, if the Board Chair determines that the workload in the requesting district is likely to result in unreasonable delays or that the requesting District Commission is disqualified to hear a case, the Chair may authorize the District Commission of another district to sit in the requesting district to consider one or more applications.

  (e) The Board may by rule allow joint hearings to be conducted with specified State agencies or specified municipalities.

  (f) The Board may publish online or contract to publish annotations and indices of the decisions of the Environmental Division and the text of those decisions. The published product shall be available at a reasonable rate to the general public and at a reduced rate to libraries and governmental bodies within the State.

  (g) The Board shall manage the process by which land use permits are issued under section 6086 of this title, may initiate enforcement on related matters under the provisions of chapters 201 and 211 of this title, and may petition the Environmental Division for revocation of land use permits issued under this chapter. Grounds for revocation are:

  (1) noncompliance with this chapter, rules adopted under this chapter, or an order that is issued that relates to this chapter;

  (2) noncompliance with any permit or permit condition;

  (3) failure to disclose all relevant and material facts in the application or during the permitting process;

  (4) misrepresentation of any relevant and material fact at any time;

  (5) failure to pay a penalty or other sums owed pursuant to, or other failure to comply with, court order, stipulation agreement, schedule of compliance, or other order issued under Vermont statutes and related to the permit; or

  (6) failure to provide certification of construction costs, as required under subsection 6083a(a) of this title, or failure to pay supplemental fees as required under that section.

  (h) The Board may hear appeals of fee refund requests under section 6083a of this title.

  (i) The Board may participate as a party in all matters before the Environmental Division that relate to land use permits issued under this chapter.

  (j) The Board may participate as a party in all matters before the Environmental Division that relate to land use permits issued under this chapter.

  (k) The Board shall review applications for Tier 1A areas and approve or disapprove based on whether the application demonstrates compliance with the requirements of section 6034 of this title. The Board shall produce guidelines for municipalities seeking to obtain the Tier 1A area status.

  (l) A District Commission may reject an application under this chapter that misrepresents any material fact and may after notice and opportunity for hearing award reasonable attorney’s fees and costs to any party or person who may have become a party but for the false or misleading information or who has incurred attorney’s fees or costs in connection with the application.

  (m) After notice and opportunity for hearing, a District Commission may withhold a permit or suspend the processing of a permit application for failure of the applicant to pay costs assessed under 3 V.S.A. § 2809 related to the participation of the Agency of Natural Resources in the review of the permit or permit application.

  (n) The Board shall review for compliance regional plans and the future land use maps, including proposed Tier 1B areas, developed by the regional planning commissions pursuant to 24 V.S.A. § 4348a. (Added 1969, No. 250 (Adj. Sess.), § 25, eff. April 4, 1970; amended 1973, No. 85, § 3; 1979, No. 123 (Adj. Sess.), § 8, eff. April 14, 1980; 1991, No. 111, § 6 eff. June 28, 1991; 1993, No. 232 (Adj. Sess.), § 28, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 50, eff. Jan. 31, 2005; 2009, No. 54, § 46, eff. June 1, 2009; 2009, No. 146 (Adj. Sess.), § F20; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, §§ 15, 25; 2023, No. 181 (Adj. Sess.), § 5, eff. June 17, 2024.)