The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 220 : Consolidated Environmental Appeals

• § 8503. Applicability

  (a) This chapter shall govern all appeals of an act or decision of the Secretary, excluding enforcement actions under chapters 201 and 211 of this title and rulemaking, under the following authorities and under the rules adopted under those authorities:

  (1) The following provisions of this title:

  (A) chapter 23 (air pollution control);

  (B) chapter 50 (aquatic nuisance control);

  (C) chapter 41 (relating to dams, surface water withdrawals, interbasin transfers, and stream alterations, and regulation of stream flow);

  (D) chapter 43 (dams);

  (E) chapter 47 (water pollution control; lakes in crisis);

  (F) chapter 48 (groundwater protection);

  (G) chapter 53 (beverage containers; deposit-redemption system), except for those acts or decisions of the Commissioner of Taxes under section 1530 of this title;

  (H) chapter 55 (aid to municipalities for water supply, pollution abatement, and sewer separation);

  (I) chapter 56 (public water supply);

  (J) chapter 59 (underground and aboveground liquid storage tanks);

  (K) chapter 64 (potable water supply and wastewater system permit);

  (L) section 2625 (regulation of heavy cutting);

  (M) chapter 123 (protection of endangered species);

  (N) chapter 159 (waste management);

  (O) chapter 37 (wetlands protection and water resources management);

  (P) chapter 166 (collection and recycling of electronic waste);

  (Q) chapter 164A (collection and disposal of mercury-containing lamps);

  (R) chapter 32 (flood hazard areas);

  (S) chapter 49A (lake shoreland protection standards);

  (T) chapter 83, subchapter 8 (importation of firewood);

  (U) chapter 168 (product stewardship for primary batteries and rechargeable batteries);

  (V) chapter 124 (trade in covered animal parts or products); and

  (W) chapter 164B (collection and management of covered household hazardous products).

  (2) 29 V.S.A. chapter 11 (management of lakes and ponds).

  (3) 24 V.S.A. chapter 61, subchapter 10 (relating to salvage yards).

  (4) 3 V.S.A. § 2810 (interim environmental media standards).

  (b) This chapter shall govern:

  (1) all appeals from an act or decision of a District Commission under chapter 151 of this title, excluding appeals of application fee refund requests;

  (2) appeals from an act or decision of a district coordinator under subsection 6007(c) of this title;

  (3) appeals from findings of fact and conclusions of law issued by the Natural Resources Board in its review of a designated growth center for conformance with the criteria of subsection 6086(a) of this title, pursuant to authority granted at 24 V.S.A. § 2793c(f).

  (c) This chapter shall govern all appeals arising under 24 V.S.A. chapter 117, the planning and zoning chapter.

  (d) This chapter shall govern all appeals from an act or decision of the Environmental Division under this chapter.

  (e) This chapter shall not govern appeals from rulemaking decisions by the Natural Resources Board under chapter 151 of this title or enforcement actions under chapters 201 and 211 of this title.

  (f) This chapter shall govern all appeals of acts or decisions of the legislative body of a municipality arising under 24 V.S.A. chapter 61, subchapter 10, relating to the municipal certificate of approved location for salvage yards.

  (g) This chapter shall govern all appeals of an act or decision of the Secretary of Natural Resources that a solid waste implementation plan for a municipality proposed under 24 V.S.A. § 2202a conforms with the State Solid Waste Implementation Plan adopted pursuant to section 6604 of this title. (Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2005, No. 183 (Adj. Sess.), § 9; 2009, No. 31, § 9; 2009, No. 46, § 3, eff. July 1, 2010; 2009, No. 56, § 21; 2009, No. 79 (Adj. Sess.), § 6, eff. April 19, 2010; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 36, § 4, eff. May 19, 2011; 2011, No. 138 (Adj. Sess.), § 35, eff. May 14, 2012; 2011, No. 148 (Adj. Sess.), § 20; 2013, No. 11, §§ 23, 25; 2013, No. 112 (Adj. Sess.), § 3; 2013, No. 139 (Adj. Sess.), § 4, eff. May 22, 2014; 2013, No. 172 (Adj. Sess.), § 5; 2015, No. 150 (Adj. Sess.), § 35, eff. May 31, 2016; 2017, No. 168 (Adj. Sess.), § 8, eff. May 22, 2018; 2019, No. 21, § 9, eff. May 15, 2019; 2019, No. 62, § 10, eff. June 17, 2019; 2019, No. 169 (Adj. Sess.), § 4, eff. Jan. 1, 2022; 2021, No. 135 (Adj. Sess.), § 4, eff. July 1, 2022; 2023, No. 58, § 7, eff. June 12, 2023.)