Title 10, Title 10: Conservation and Development

§ 5210. Private ponds A person owning a natural pond of not more than 20 acres or an artificial pond entirely upon his or her premises, stocked at his or her own expense with fish artificially hatched or reared, may take fish from such pond at any time for the purpose of propagat…

§ 5211. Poaching; propagation farms; injury; penalties A person shall not, without permission, enter upon the premises of a propagation farm and take fish, or wild animals, or upon a pond as defined in section 5210 of this title and take fish, or foul the waters of such farm or p…

§ 5213. Mansfield State Forest; game refuge (a) A person shall not hunt, trap, take, or kill wild animals on that part of the Mansfield State Forest bounded by the Smugglers’ Notch road on the east, the road to the summit of Mt. Mansfield on the south and west, the summit of Mt. …

§ 5214. Vermin destruction Permits for the control and destruction of vermin upon a game refuge may be granted by the Commissioner to such person and at such times as he or she shall deem advisable. (Added 1961, No. 119, § 1, eff. May 9, 1961.)

§ 5215. Game refuges; how created; regulations (a) For a specified period of years, the Commissioner may prohibit or regulate the taking of wild animals upon public lands set aside with the approval of the Governor or upon private lands set aside with the consent of the owner the…

§ 5216. Migratory bird reservations; consent of State; jurisdiction Consent of the State of Vermont is given to the acquisition by the United States by purchase, gift, devise, or lease of such land or water, or of land and water in Vermont, as the United States may deem necessary…

§ 5217. Permits to operate regulated shooting ground Upon receipt of a fee of $100.00, the Commissioner of Fish and Wildlife may issue a shooting grounds permit to operate a shooting ground upon which to propagate and release small game under regulations approved by the Commissio…

§ 5218. Boundaries The boundary of the licensed premises shall be posted with printed notices not more than 100 yards apart and containing such words as the Commissioner may prescribe. (Added 1961, No. 251, § 2; amended 1985, No. 209 (Adj. Sess.), § 3, eff. June 2, 1986.)

§ 5219. Shooting regulations on regulated grounds Such permit shall entitle the holder or holders thereof, and their guests, to kill or take, by shooting or falconry, the small game propagated or purchased and released on the premises. (Added 1961, No. 251, § 3; amended 1983, No.…

§ 5220. Small game released All small game released on said regulated shooting grounds shall be fully able to care for themselves in a wild state. (Added 1961, No. 251, § 4; amended 1983, No. 245 (Adj. Sess.), § 6; 1997, No. 72 (Adj. Sess.), § 3.)

§ 5221. Period of taking released animals Such propagated or released small game may be taken without regard to sex, age, or bag limits. The period for taking small game on regulated shooting grounds shall be fixed by the Commissioner. (Added 1961, No. 251, § 5; amended 1983, No.…

§ 5222. Other game All species of game, other than those specified or approved by the Commissioner for propagation and release found on the premises governed by such permit, may be taken on such premises only under the general provisions of the law governing the taking and posses…

§ 5223. Hunting license (a) Every person hunting on such regulated shooting grounds shall: (1) be the holder of a resident or nonresident hunter’s license for the current year; or (2) be the holder of a one-day shooting ground license issued by the owner of the shooting ground on…

§ 5225. Purpose The purpose of sections 5217-5225 of this title is to permit the orderly operation of regulated shooting grounds and to provide an additional option for sportsmen and sportswomen. Licensees shall furnish to the Commissioner whatever pertinent information he or she…

§ 5226. Bomoseen State Game Refuge (a) A person shall not hunt, trap, take, or kill wild animals on the Bomoseen State Game Refuge. (b) Notwithstanding the provisions of section 5215 of this title, the boundaries of the Refuge shall be conspicuously marked by paint or notices, or…

§ 5227. Sport shooting ranges; municipal and State authority (a) “Sport shooting range” or “range” means an area designed and operated for the use of archery, rifles, shotguns, pistols, skeet, trap, black powder, or any other similar sport shooting. (b) The owner or operator of a…

§ 5227a. Sport shooting range alternative dispute resolution Upon request of a homeowner or business that owns property abutting a sport shooting range, a range shall, at least once, attempt to resolve through mediation an issue or dispute that the homeowner or business has conce…

§ 5228. A fee fishing business; permit (a) The Commissioner may issue a permit to operate a fee fishing business that shall entitle the holder and the holder’s clients to take fish from the holder’s private pond. The Commissioner may issue a permit that shall continue for one yea…

§ 5401. Definitions As used in this chapter: (1) “Accepted silvicultural practices” means the accepted silvicultural practices defined by the Commissioner of Forests, Parks and Recreation, including the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs…

§ 5402. Endangered and threatened species lists (a) The Secretary shall adopt by rule a State endangered species list and a State threatened species list. The listing for any species may apply to the whole State or to any part of the State and shall identify the species by its mo…

§ 5402a. Critical habitat; listing (a) Except as provided for under subsection (f) of this section, the Secretary may, after the consultation required under subsection 5408(e) of this section, adopt or amend by rule a critical habitat designation list for threatened or endangered…

§ 5403. Protection of endangered and threatened species (a) Except as authorized under this chapter, a person shall not: (1) take, possess, or transport wildlife or wild plants that are members of a threatened or endangered species; (2) destroy or adversely impact critical habita…

§ 5404. Endangered Species Committee (a) A committee on endangered species is created to be known as the Endangered Species Committee and shall consist of nine members, including the Secretary of Agriculture, Food and Markets, the Commissioner of Fish and Wildlife, the Commission…

§ 5405. Conservation programs The Secretary, with the advice of the Endangered Species Committee, may establish conservation programs and establish recovery plans for the conservation or recovery of threatened or endangered species of wildlife or plants or for the conservation or…

§ 5406. Cooperation by other agencies All agencies of this State shall review programs administered by them that may relate to this chapter and shall, in consultation with the Secretary, utilize their authorities only in a manner that does not jeopardize the threatened or endange…

§ 5407. Authority to seize threatened or endangered species In addition to other methods of enforcement authorized by law, the Secretary may direct under this section that wildlife or wild plants that were seized because of violation of this chapter be rehabilitated, released, re…

§ 5408. Authorized takings; incidental takings; destruction of critical habitat (a) Authorized taking. Notwithstanding any provision of this chapter, after obtaining the advice of the Endangered Species Committee, the Secretary may permit, under such terms and conditions as the S…

§ 5410. Location confidential (a) The Secretary shall not disclose information regarding the specific location of threatened or endangered species sites or habitats except: (1) to the owner of land upon which the species is located; (2) to a potential buyer of land upon which the…

§ 5501. Definitions As used in this chapter: (1) “Bona fide educational or scientific institution” means an institution that establishes through documentation that it is a tax-exempt institution under the Internal Revenue Service’s educational or scientific tax exemption. (2) “Co…

§ 5502. Prohibition Except as provided in this chapter, notwithstanding any other provision of law to the contrary, a person shall not purchase, sell, offer for sale, or possess with intent to sell any item that the person knows or should know is a covered animal part or product.…

§ 5503. Exceptions (a) The prohibition on the purchase, sale, offer for sale, or possession with intent to sell set forth in section 5502 of this title shall not apply: (1) to employees or agents of the federal or State government undertaking any law enforcement activities pursua…

§ 5504. Educational or scientific use The Secretary may permit, under terms and conditions as the Secretary may require, the purchase, sale, offer for sale, or possession with intent to sell of any covered animal part or product for educational or scientific purposes by a bona fi…

§ 5505. Presumption of possession with intent to sell There shall be a rebuttable presumption that a person possesses a covered animal part or product with intent to sell when the part or product is possessed by a retail or wholesale establishment or other forum engaged in the bu…

§ 5506. Administrative penalties; referral for criminal enforcement (a) The Secretary may assess the following administrative penalties for a violation of a provision of this chapter: (1) For a first offense, a person shall be assessed an administrative penalty of not more than $…

§ 5507. Seizure A person convicted of violating a provision of this chapter shall forfeit to the Secretary the covered animal part or product that is the subject of the violation. The Secretary may: (1) authorize that the covered animal part or product be maintained for education…

§ 5508. Rules The Secretary may adopt rules necessary to implement the requirements of this chapter. (Added 2019, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2022.)

§ 6000. Purpose; construction The purposes of this chapter are to protect and conserve the environment of the State and to support the achievement of the goals of the Capability and Development Plan, of 24 V.S.A. § 4302(c), and of the conservation vision and goals for the State e…

§ 6001. Definitions As used in this chapter: (1) “Board” means the Land Use Review Board. (2) “Capability and Development Plan” means the Plan prepared pursuant to section 6042 of this title. (3)(A) “Development” means each of the following: (i) The construction of improvements o…

§ 6001e. Commercial composting facility; circumvention Notwithstanding subdivisions 6001(3)(D)(vii)(I)-(VI) of this title, a permit under this chapter may be required for the construction of improvements below the elevation of 2,500 feet for the onsite storage, preparation, and s…

§ 6002. Procedures The provisions of 3 V.S.A. chapter 25 shall apply unless otherwise specifically stated. (Added 1969, No. 250 (Adj. Sess.), § 26, eff. April 4, 1970.)

§ 6003. Penalties A violation of any provision of this chapter or the rules adopted under this chapter is punishable by a fine of not more than $500.00 for each day of the violation or imprisonment for not more than two years, or both. A person who completely transfers ownership …

§ 6007. Act 250 Disclosure Statement; jurisdictional determination (a) Prior to the division or partition of land, the seller or other person dividing or partitioning the land shall prepare an “Act 250 Disclosure Statement.” A person who is dividing or partitioning land, but is n…

§ 6021. Board; vacancy; removal (a) Board established. The Land Use Review Board is created. (1) The Board shall consist of five members appointed by the Governor after review and approval by the Land Use Review Board Nominating Committee in accordance with subdivision (2) of thi…

§ 6022. Personnel (a) Regular personnel. The Board may appoint legal counsel, scientists, engineers, experts, investigators, temporary employees, and administrative personnel as it finds necessary in carrying out its duties in providing personnel to assist the District Commission…

§ 6023. Grants The Board may apply for and receive grants from the federal government and from other sources. (Added 1969, No. 250 (Adj. Sess.), § 4, eff. April 4, 1970.)

§ 6024. Intragovernmental cooperation Other departments and agencies of State government shall cooperate with the Board and make available to it data, facilities, and personnel as may be needed to assist the Board in carrying out its duties and functions. There shall be establish…