Title 10, Conservation and Development

§ 1079. Purpose It is the purpose of this chapter to protect public safety and provide for the public good through the inventory, inspection, and evaluation of dams in the State. (Added 2017, No. 161 (Adj. Sess.), § 1.)

§ 1080. Definitions As used in this chapter: (1) “Department” means the Department of Environmental Conservation. (2) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department,…

§ 1081. Jurisdiction of Department (a) Powers and duties. Unless otherwise provided, the powers and duties authorized by this chapter shall be exercised by the Department of Environmental Conservation. Nonfederal dams at which the generation of electric energy is subject to licen…

§ 1082. Authorization (a) No person shall construct, enlarge, raise, lower, remodel, reconstruct, or otherwise alter any nonfederal dam, pond, or impoundment or other structure that is or will be capable of impounding more than 500,000 cubic feet of water or other liquid after co…

§ 1083. Application (a) Any person who proposes to undertake an action subject to regulation pursuant to section 1082 of this title shall apply in writing to the Department. The application shall set forth: (1) the location; the height, length, and other dimensions; and any propo…

§ 1084. Department of Fish and Wildlife; investigation The Commissioner of Fish and Wildlife shall investigate the potential effects on fish and wildlife habitats of any proposal subject to section 1082 of this title and shall certify the results to the Department prior to any he…

§ 1085. Notice of application Upon receipt of the application required by section 1082 of this title, the Department shall give notice to the legislative body of each municipality in which the dam is located and to all interested persons. The Department shall provide notice of an…

§ 1086. Determination of public good; certificates (a) “Public good” means the greatest benefit of the people of the State. In determining whether the public good is served, the Department shall give due consideration to public safety and, among other things, the effect the propo…

§ 1087. Review of plans and specifications For any proposal subject to authorization under section 1082 of this title, the Department shall require an engineer to investigate the property, review the plans and specifications, and make additional investigations as the Department c…

§ 1089. Employment of engineer The Department shall employ engineers to perform the duties required under this chapter to adequately provide for public safety. (Amended 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

§ 1090. Construction supervision The construction, alteration, or other action authorized in section 1086 of this title shall be supervised by an engineer employed by the applicant. Upon completion of the authorized project, the engineer shall provide confirmation to the Departme…

§ 1095. Unsafe dam; petition; hearing; emergency (a) On receipt of a petition signed by not fewer than 10 interested persons or the legislative body of a municipality, the Department shall, or upon its own motion it may, institute investigations by an engineer as described in sec…

§ 1099. Appeals Appeals of any act or decision of the Department under this chapter shall be made in accordance with chapter 220 of this title. (Amended 1981, No. 242 (Adj. Sess.), § 15; 2001, No. 94 (Adj. Sess.), § 3; 2003, No. 115 (Adj. Sess.), § 23, eff. Jan. 31, 2005; 2023, N…

§ 1100. Federal cooperation As a basis for cooperation with the federal government and its duly established agencies in the matter of flood control, the State defines its policy with reference to flood control developments as follows: (1) [Repealed.] (2) Where such flood control …

§ 1102. Federal receipts, distribution All sums of money that the State receives from the United States under the provisions of section 701c-3 of Title 33 of the United States Code, as the same may be amended, being a portion of the rentals of property acquired and owned by the U…

§ 1103. Approval for flood control dams (a) No department or agency of the federal government shall construct any flood control dam that is within the State of Vermont, either in whole or in part, or cause any land within the State of Vermont to be overflowed through the operatio…

§ 1105. Inspection of dams (a) Inspection; schedule. All nonfederal dams in the State shall be inspected according to a schedule adopted by rule by the Department. (b) Dam inspection. A nonfederal dam in the State shall be inspected under one or both of the following methods: (1)…

§ 1106. Dam Safety Revolving Loan Fund (a) There is hereby established a special fund to be known as the Vermont Dam Safety Revolving Loan Fund that shall be used to provide low- or zero-interest loans, including subsidized loans as established under subsection (b) of this sectio…

§ 1107. Hazard potential classifications (a) The Department shall assess the hazard potential classification of all nonfederal dams listed in the Vermont Dam Inventory based on the potential loss of human life, property damage, and economic loss that would occur in the event of t…

§ 1108. Dam inventory; registration (a) Dam inventory. The Department of Environmental Conservation shall maintain a current inventory of all known dams in the State of Vermont. The Department of Environmental Conservation shall update and publish the Vermont Dam Inventory annual…

§ 1109. Marketability of title The failure of the person owning legal title to a dam or the owner of the land on which the dam is located to record a dam registration or a dam inspection report when required under this chapter or rules adopted under this chapter shall not create …

§ 1110. Rulemaking The Commissioner of Environmental Conservation shall adopt rules to implement the requirements of this chapter for dams under the jurisdiction of the Department. The rules shall include: (1) a standard or regulatory threshold under which a dam is exempt from th…

§ 1151. Preamble Whereas, the federal government exercises jurisdiction over the nation’s navigable rivers and their tributaries through passage of the Flood Control Act of nineteen hundred and thirty-six and various other acts amendatory thereto; and Whereas, these acts provide …

§ 1152. Purposes—Article I The principal purposes of this compact are: (a) to promote interstate comity among and between the signatory states; (b) to assure adequate storage capacity for impounding the waters of the Connecticut River and its tributaries for the protection of lif…

§ 1153. Creation of Commission—Article II There is hereby created “The Connecticut River Valley Flood Control Commission,” hereinafter referred to as the “Commission,” which shall consist of 12 members, three of whom shall be residents of the Commonwealth of Massachusetts; three …

§ 1154. Powers of Commission—Article III The Commission shall constitute a body, both corporate and politic, with full power and authority: (1) to sue and be sued; (2) to have a seal and alter the same at pleasure; (3) to appoint and employ such agents and employees as may be req…

§ 1155. Construction of dams; agreements—Article IV The signatory state wherein is located the site of each of the following dams and reservoirs agrees to the construction by the United States of each such dam and reservoir in accordance with authorization by the Congress: In the…

§ 1156. Reimbursement for economic losses—Article V The Commonwealth of Massachusetts agrees to reimburse the State of New Hampshire fifty (50) percent and the State of Vermont fifty (50) percent of the amount of taxes lost to their political subdivisions by reason of ownership b…

§ 1157. Authority of United States—Article VI Nothing contained in this compact shall be construed as a limitation upon the authority of the United States.

§ 1158. Expenses of Commission—Article VII The signatory states agree to appropriate for compensation of agents and employees of the Commission and for office, administrative, travel and other expenses on recommendation of the Commission subject to limitations as follows: The Com…

§ 1159. Separability of provisions—Article VIII Should any part of this compact be held to be contrary to the constitution of any signatory state or of the United States, all other parts thereof shall continue to be in full force and effect.

§ 1160. Compact effective, when; notice of ratification—Article IX This compact shall become operative and effective when ratified by the Commonwealth of Massachusetts and the States of New Hampshire, Vermont and Connecticut and approved by the Congress of the United States. Noti…

§ 1171. Connecticut River Valley Flood Control Commission; appointment; term of office The Connecticut River Valley Flood Control Commission shall consist of three members. Biennially, in the month of February, the Governor, by and with the advice and consent of the Senate, shall…

§ 1172. Vacancies in Commission membership; power of removal The provisions of 3 V.S.A. §§ 257-259 shall apply to vacancies that may occur in the membership of said Commission from this State, and to the power of removal of any such commissioner; except that if a vacancy occurs a…

§ 1173. Expenses of members of Commission The members of said Commission appointed by the State of Vermont shall each receive as compensation for their services the sum of $30.00 a day for each day’s service performed in connection with the duties of such office.

§ 1174. Expenditure for support of the Connecticut Commission The Department of Environmental Conservation shall make an expenditure for the purpose of carrying out the provisions of Article VII of the Compact, section 1158 of this title, relating to payment by the State to the C…

§ 1175. Notification of funds received; tax and economic loss (a) The State Treasurer shall notify the Commissioner of Finance and Management when he or she receives funds from either the State of Connecticut or the Commonwealth of Massachusetts, as provided in the Connecticut Ri…

§ 1176. Certifications of sums due towns; warrants On receipt of information from the State Treasurer under section 1175 of this title, the Secretary of Natural Resources shall certify to the Commissioner of Finance and Management the sums due under the terms of the compact payab…

§ 1177. Maintenance of records by Secretary of Natural Resources It shall be the sole responsibility of the Secretary of Natural Resources to keep and maintain all records, except records of warrants issued by the Commissioner of Finance and Management, in connection with and com…

§ 1178. Reimbursement for tax losses not covered by Compact (a) The State of Vermont shall annually reimburse its political subdivisions for the ten percent of the amount of real property, personal property is lost to them by reason of acquisition and ownership by the United Stat…

§ 1191. Purpose The purpose of this subchapter is to provide a mechanism for a cooperative effort with the State of New Hampshire to guide any development that may occur, in a way that maximizes the conservation of the visual, ecological, and agricultural integrity of the Connect…

§ 1192. Policy It is the policy of this State to join with the State of New Hampshire in a common effort to ensure that development within the Connecticut River watershed proceeds in ways that protect its outstanding ecological, scenic, recreational, historic, cultural, agricultu…

§ 1193. Connecticut River Watershed Advisory Commission established (a) A Connecticut River Watershed Advisory Commission is established to develop ways to cooperate, and to initiate and encourage interstate cooperation and coordination with and between the appropriate officers o…

§ 1194. Support services The Secretary of Natural Resources shall provide supportive services to the Advisory Commission. (Added 1987, No. 208 (Adj. Sess.), § 2.)

§ 1195. Acceptance of grants and contributions The Commission may receive and accept grants, aid, or contributions of money, property, labor, or other things of value, to be expended to carry out the purposes of this subchapter. (Added 1987, No. 208 (Adj. Sess.), § 2.)

§ 1196. Report Beginning in 1989 and annually thereafter, the Advisory Commission shall file a report on its activities under this subchapter. The report shall be filed with the Agency of Natural Resources, the Governor, and the General Assembly on or before July 15. (Added 1987,…