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Searching 2019-2020 Session

The Vermont Statutes Online

 

Title 10 : Conservation and Development

Chapter 170 : DEPARTMENT OF ENVIRONMENTAL CONSERVATION; STANDARD PROCEDURES

Subchapter 002 : STANDARD PROCEDURES

(Cite as: 10 V.S.A. § 7713)
  • § 7713. Type 2 Procedures

    (a) Purpose; scope.

    (1) The purpose of this section is to establish the public notice and comment requirements that the Department must follow when considering applications for individual permits, except for individual permits specifically listed in other sections of this subchapter, and when considering other permits listed in this section.

    (2) The procedures under this section shall be known as Type 2 Procedures. This section governs an application for each of the following:

    (A) an individual permit issued pursuant to the Secretary's authority under this title and 29 V.S.A. chapter 11, except for permits governed by sections 7712 and 7714-7716 of this chapter;

    (B) a wetland determination under section 914 of this title;

    (C) an individual shoreland permit under chapter 49A of this title;

    (D) a public water system source permit under section 1675 of this title;

    (E) a provisional certification issued under section 6605d of this title; and

    (F) a corrective action plan under section 6648 of this title.

    (b) Notice of application.

    (1) The applicant shall provide notice of the application to adjoining property owners.

    (A) For public water system source protection areas, the applicant also shall provide notice to all property owners located in:

    (i) zones 1 and 2 of the source protection area for a public community water system source; and

    (ii) the source protection area for a public nontransient noncommunity water system source.

    (B) For an individual shoreland permit under chapter 49A:

    (i) The notice to adjoining property owners shall be to the adjoining property owners on the terrestrial boundary of the shoreland.

    (ii) This chapter does not require notice to owners of property across the lake as defined in that chapter.

    (2) The Secretary shall provide notice of an administratively complete application through the environmental notice bulletin.

    (c) Notice of draft decision; comment period. The Secretary shall provide notice of a draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin. The Secretary shall provide a public comment period.

    (d) Public meeting. The Secretary shall hold a public meeting whenever any person files a written request for such a meeting. The Secretary otherwise may hold a public meeting at his or her discretion.

    (e) Notice of final decision. The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision to the bulletin. When the Secretary issues the final decision, the Secretary shall provide a response to comments. (Added 2015, No. 150 (Adj. Sess.), § 1, eff. Jan. 1, 2018.)