Title 10, Conservation and Development

§ 1426. Penalty Any person who violates a rule adopted under this chapter shall be subject to the civil penalty provision of 23 V.S.A. § 3317(b). (Added 1969, No. 281 (Adj. Sess.), § 13; amended 1989, No. 65, § 15; 1999, No. 42, § 2, eff. May 25, 1999; 2019, No. 14, § 36, eff. Ap…

§ 1427. River corridors and buffers (a) River Corridor and Floodplain Management Program. The Secretary of Natural Resources shall establish a River Corridor and Floodplain Management Program to aid and support the municipal adoption of a flood resilience plan under 24 V.S.A. § 4…

§ 1428. River corridor protection (a) River corridor maps. Upon completion of a sensitivity assessment for a river or river segment under section 1427 of this title, the Secretary shall provide to each municipality and regional planning commission in which the river or river segm…

§ 1441. Purpose The purposes of this chapter shall be to: (1) provide clear and adaptable standards for the creation of impervious surface or cleared area in lands adjacent to lakes; (2) prevent degradation of water quality in lakes and preserve natural stability of shoreline; (3…

§ 1442. Definitions As used in this chapter: (1) “Agency” means the Agency of Natural Resources. (2) “Best management practices” means approved activities, maintenance procedures, and other practices to prevent or reduce the effects of impervious surface or cleared area on water …

§ 1443. Individual permit requirements for impervious surface or cleared area in a protected shoreland area (a) Permit requirement. A person shall not create cleared area or impervious surface in a protected shoreland area without a permit from the Secretary issued under this sec…

§ 1444. Permit standards (a) Permit standards; generally. Except for permits issued under section 1445 of this title, the Secretary shall issue a permit under this chapter if the permit applicant, including the State of Vermont, demonstrates that: (1) cleared area or impervious s…

§ 1445. Nonconforming parcels; permit standards (a) Permit for nonconforming parcels. A permit applicant shall comply with the requirements of subsection (b) of this section if the applicant cannot meet the standard required under subdivision 1444(a)(1) of this title on a parcel …

§ 1446. Registered projects; exemptions from permitting (a) Allowed uses. (1) Registered projects. The following projects in a protected shoreland area do not require a permit under section 1444 or 1445 of this title: (A) The creation of no more than 100 square feet of impervious…

§ 1447. Lake shoreland vegetation protection standards (a) Within 100 feet of the mean water level, cutting of trees is allowed provided that a well-distributed stand of trees and other natural vegetation is maintained. Vegetation management that occurs within the protected shore…

§ 1448. Municipal delegation (a) Municipal shoreland bylaws or ordinances. The Secretary shall delegate authority to permit the construction, creation, or expansion of impervious surface or cleared area under this chapter to a municipality that has adopted a shoreland bylaw or or…

§ 1449. Coordination of Agency of Natural Resources’ permitting of activities in protected shoreland areas (a) Coordination of permitting in protected shoreland area. During technical review of a permit application for a wastewater system, potable water supply, stormwater dischar…

§ 1450. Municipal zoning bylaw or ordinance (a) Construction of impervious surface or creation of cleared area occurring outside protected shoreland areas. Construction of impervious surface or creation of cleared area occurring outside a protected shoreland area shall conform to…

§ 1450a. Rulemaking The Secretary may adopt rules necessary for the purposes of implementing, administering, or enforcing the requirements of this chapter, including best management practices for the construction of impervious surfaces or the creation of cleared area in a protect…

§ 1450b. Education and outreach; citizen’s guide The Secretary shall conduct ongoing education and outreach to assist Vermont citizens with understanding and complying with the requirements of this chapter. The education and outreach activities shall include publication on or bef…

§ 1451. Findings The General Assembly finds that: (1) It is the policy of the State of Vermont that the water resources of the State shall be protected, regulated, and where necessary controlled under the authority of the State in the public interest to promote the general welfar…

§ 1452. Definitions As used in this chapter: (1) “Agency” means the Agency of Natural Resources. (2) “Aquatic nuisance” means undesirable or excessive substances or populations that interfere with the recreational potential or aquatic habitat of a body of water, including rooted …

§ 1453. Aquatic nuisance control program (a) The Agency of Natural Resources shall establish and maintain an aquatic nuisance control program. (b) The aquatic nuisance control program shall perform the following services: (1) receive and respond to aquatic nuisance complaints; (2…

§ 1454. Transport of aquatic plants and aquatic nuisance species (a) Transport of aquatic nuisance species; prohibition. A person shall not transport an aquatic plant, aquatic plant part, or aquatic nuisance species to or from any Vermont water. This section shall not restrict: (…

§ 1455. Aquatic nuisance control permit (a) A person shall not use pesticides, chemicals other than pesticides, biological controls, bottom barriers, structural barriers, structural controls, or powered mechanical devices in waters of the State to control nuisance aquatic plants,…

§ 1456. Aquatic species rapid response general permits (a) Notwithstanding the requirements of section 1455 of this title, the Secretary may issue an aquatic species rapid response general permit under this section for a term not to exceed ten years for the control of a nonindige…

§ 1457. Entrance upon lands to prevent the introduction and spread of new aquatic species (a) The aquatic nuisance control program shall take reasonable steps to prevent the introduction and spread of new aquatic species that may become invasive in the State. To accomplish this o…

§ 1458. Grant-in-aid to municipalities and agencies of the State (a) A municipality or agency of the State that desires State assistance to control aquatic nuisances may apply in writing to the Agency of Natural Resources in a manner prescribed by the Agency of Natural Resources.…

§ 1459. Joint municipal participation Should the shorelands of waters for which funds are requested under sections 1451-1460 of this title be under more than one municipal governmental jurisdiction, the provisions herein shall apply to the respective municipalities under a joint …

§ 1460. Rulemaking The Secretary may adopt rules to implement the requirements of this chapter. (Added 2009, No. 46, § 1, eff. July 1, 2010.)

§ 1461. Aquatic nuisance inspection stations; training program (a) The Secretary of Natural Resources shall establish a training program regarding how to conduct inspection of vessels, motor vehicles, trailers, and other equipment for the presence of aquatic plants, aquatic plant…

§ 1521. Definitions As used in this chapter: (1) “Beverage” means beer or other malt beverages and mineral waters, mixed wine drink, soda water, and carbonated soft drinks in liquid form and intended for human consumption. “Beverage” also means liquor and ready-to-drink spirits b…

§ 1522. Beverage containers; deposit (a) Except with respect to beverage containers that contain liquor, a deposit of five cents shall be paid by the consumer on each beverage container sold at the retail level and refunded to the consumer upon return of the empty beverage contai…

§ 1523. Acceptance of beverage containers [Effective March 1, 2029; see also § 1523 effective until March 1, 2029, set out above] (a) Except as provided in section 1522 of this title: (1) A retailer shall not refuse to accept from any person any empty beverage containers, labeled…

§ 1524. Labeling (a)(1) Every beverage container sold or offered for sale at retail in this State shall clearly indicate by embossing on the normal product label, imprinting on the normal product label, or other approved method secured to the container the word “Vermont” or the l…

§ 1525. Prohibitions (a)(1) No beverage shall be sold or offered for sale at retail in this State: (A) in a metal container designed and constructed so that part of the container other than a piece of pressure sensitive tape is detachable in opening the container; or (B) in conta…

§ 1526. Educational program (a) State informational material such as travel pamphlets, road maps, and similar publications submitted for printing on or after July 1, 1975 shall bear information relating to this chapter. This information shall take the form of a standard public st…

§ 1527. Redemption of liquor bottles Notwithstanding any other provision of this chapter to the contrary, redemption of beverage containers of volume greater than 50 ml that contain liquor shall be subject to the following requirements: (1) Deposit. Beverage containers subject to…

§ 1528. Beverage registration [Repealed effective March 1, 2029] No distributor or manufacturer shall sell a beverage container in the State of Vermont without the manufacturer registering the beverage container with the Agency of Natural Resources prior to sale, unless distribut…

§ 1529. Redemption center certification [Repealed effective March 1, 2029] A person operating a redemption center shall obtain a certification from the Secretary. A redemption center certification shall include the following: (1) Specification of the name and location of the faci…

§ 1530. Abandoned beverage container deposits (a) Beginning on January 1, 2020, and quarterly thereafter, every deposit initiator shall report to the Secretary of Natural Resources and the Commissioner of Taxes. The report shall be submitted on or before the 25th day of the calen…

§ 1531. Manufacturer and distributor participation in producer responsibility organization (a) No deposit initiator shall sell or distribute a beverage container in this State without participating in a Secretary-approved producer responsibility organization. (b) On or before Jan…

§ 1532. Stewardship plan; minimum requirements (a) Plan elements. On or before April 1, 2028, an approved producer responsibility organization shall submit a stewardship plan to the Secretary. A stewardship plan shall, at a minimum, meet all of the following requirements of this …

§ 1533. Program and fiscal audit (a) Program audit. Beginning on October 1, 2033, and every five years thereafter, the producer responsibility organization shall conduct an independent third-party program audit of the operation of the stewardship plan. The program audit shall exa…

§ 1534. Beverage container redemption rate goal; report (a) It is a goal of the State that the following minimum beverage container redemption rates shall be satisfied by the specified dates: (1) Beginning on July 1, 2030: 75 percent. (2) Beginning on July 1, 2033: 80 percent. (b…

§ 1535. Rulemaking The Secretary may adopt rules, in accordance with 3 V.S.A. chapter 25, necessary for the administration of this chapter. (Added 2025, No. 158 (Adj. Sess.), § 1, eff. July 1, 2026.)

§ 1536. Antitrust; conduct authorized (a) Activity authorized. A manufacturer, distributor, group of manufacturers or distributors, or producer responsibility organization implementing or participating in an approved collection plan under this chapter for the collection, transpor…

§ 1571. Definitions As used in this chapter: (1) “Agency” means Agency of Natural Resources. (2) “Board” means the Land Use Review Board. (3) [Repealed.] (4) “Department” means the Department of Environmental Conservation. (5) “Municipality” means a municipality as defined in 1 V…

§ 1621. Financial assistance A municipality that desires State financial assistance for construction, improvement, or expansion of water pollution abatement and control facilities may make application to the Department in accordance with this subchapter. (Added 1971, No. 97, § 3,…

§ 1622. Eligible projects As used in this subchapter, eligible project costs for water pollution abatement and control facilities projects shall include equipment, conveyances, and structural or nonstructural facilities needed for and appurtenant to the prevention, management, tr…

§ 1623. Application A municipality that has voted funds in a specific amount to construct a water pollution abatement and control facility as described in section 1622 of this title, at a meeting duly warned for that purpose, which desires to avail itself of State aid funds under…