The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 170 : Department of Environmental Conservation; Standard Procedures

Subchapter 002 : STANDARD PROCEDURES

• § 7711. Permit procedures; standard provisions

  (a) Notice through the environmental notice bulletin. When this chapter requires notice through the environmental notice bulletin:

  (1) The bulletin shall generate and send an e-mail to notify:

  (A) each person requiring notice under section 7712 of this chapter;

  (B) the applicant;

  (C) each person on an interested persons list;

  (D) each municipality in which the activity to be permitted is located, except for notice of a draft or final general permit; and

  (E) each other person to whom this chapter directs that a particular notice be provided through the bulletin.

  (2) At a minimum, each notice generated by the bulletin shall contain:

  (A) the name and contact information for the person at the Agency processing the permit;

  (B) the name and address of the permit applicant, if applicable;

  (C) the name and address of the facility or activity to be permitted, if applicable;

  (D) a brief description of the activity for which the permit would be issued;

  (E) the length of the period for submitting written comments and the process for submitting those comments, if applicable, and notice of the requirements regarding submission of comments during that period or at a public meeting in order to appeal under chapter 220 of this title;

  (F) the process for requesting a public meeting, if applicable;

  (G) when a public meeting has been scheduled, the time, date, and location of the meeting and a brief description of the nature and purpose of the meeting;

  (H) when issued, the draft permit or notice of intent to deny a permit, and the period and process for submitting written comments on that draft permit or notice;

  (I) when issued, the final decision issuing or denying a permit, and the process for appealing the decision; and

  (J) any other information that this chapter directs be included in a particular notice to be generated by the bulletin.

  (3) The environmental notice bulletin shall provide notice by mail as required by 3 V.S.A. § 2826.

  (b) Notice to adjoining property owners. When this chapter requires notice of an application to adjoining property owners, the applicant shall provide notice of the application by U.S. mail to all adjoining property owners, on a form developed by the Secretary, at the time the application is submitted to the Secretary. The form shall state how the property owners can continue to receive notices and information concerning the project as it is reviewed by the Secretary. The applicant shall provide a signed certification to the Secretary that all adjoining property owners have been notified of the application. However, if the applicant has provided written notice to adjoining property owners as part of the preapplication engagement process for complex projects under rules adopted in accordance with subsection 7703(a) of this title, then instead of the written notice required of the applicant by this subsection, the Department shall provide notice of the application through the environmental notice bulletin to those adjoining property owners who have requested notice.

  (c) Comment period length. When this chapter requires the Secretary to provide a public comment period, the length of the period shall be at least 30 days, unless this chapter applies a different period for submitting comments on the particular type of permit.

  (d) Period to request a public meeting. When this chapter allows a person to request a public meeting on a draft decision, the person shall submit the request within 14 days of the date on which notice of the draft decision is posted to the environmental notice bulletin, unless this chapter specifies a different period for requesting a hearing on the particular type of permit.

  (e) Public meeting; notice; additional comment period. When the Secretary holds a public meeting under this chapter:

  (1) The Secretary shall:

  (A) provide at least 14 days’ prior notice of the public meeting through the environmental notice bulletin, unless this chapter specifies a different notice period for a public meeting on the particular type of permit;

  (B) include in the notice, in addition to the information required by subsection (a) of this section, the date the Secretary gave notice of an administratively complete application, if applicable; and

  (C) hold the period for written comments open for at least seven days after the meeting.

  (2) The applicant or applicant’s representative and the Secretary or designee shall attend the meeting. The applicant shall cause to be present those professionals retained in the preparation of the application. At the meeting, the applicant and the Secretary each shall answer questions relevant to the application or draft decision to the best of their ability.

  (f) Draft decisions. When this chapter requires the Secretary to post a draft decision or draft general permit to the environmental notice bulletin, the Secretary shall post to the bulletin the draft decision or draft general permit and all documents on which the Secretary relied in issuing the draft. This post shall include instructions on how to inspect and how to request a copy of each other document that is part of the administrative record of the draft decision or permit.

  (g) Response to comments. When this chapter requires the Secretary to provide a response to comments, the Secretary shall provide a response to each comment received during the comment period and the basis for the response. The Secretary also shall specify each provision of the draft decision that has been changed in the final decision and the reasons for each change. The Secretary shall post the response to comments to the environmental notice bulletin and send it to all commenters.

  (h) Final decisions; content; notice.

  (1) The Secretary’s final decision on an application for a permit or on the issuance of a general permit shall include a concise statement of the facts and analysis supporting the decision that is sufficient to apprise the reader of the decision’s factual and legal basis. The final decision also shall provide notice that it may be appealed and state the period for filing an appeal and how and where to file an appeal.

  (2) When this chapter requires that the Secretary post a final decision to the environmental notice bulletin, the Secretary also shall send a copy of the final decision to all commenters. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)