Vermont Code of Rules, Agency 12 — Agency of Natural Resources

Subagency 004 NATURAL RESOURCES BOARD

Chapter 001 RULES OF PROCEDURE

12-001 Code Vt. R. 12-004-001-X RULES OF PROCEDURE

Part I GENERAL PROVISIONS

Section 1 Scope and Authority

These rules are adopted pursuant to 10 V.S.A. § 6025(a) and apply to the Natural Resources Board, its Land Use Panel, and its Water Resources Panel.

Section 2 Definitions

(A) For the purposes of these rules, the terms below shall have the following meanings unless a different meaning clearly appears from the context:

(1) "Agency" means the Vermont Agency of Natural Resources.

(2) "Alternate" means a person appointed pursuant to 10 V.S.A. § 6021(a) to serve as an alternate to unavailable Board members.

(3) "Board" means the Vermont Natural Resources Board, which consists of a Land Use Panel and a Water Resources Panel.

(4) "Chair" means the Chair of the Board and its Panels, or in the absence or recusal of the Chair, the Vice Chair of the Board or a Panel or the Acting Chair of the Board or a Panel.

(5) "Department" means the Vermont Department of Environmental Conservation.

(6) "District Commission" means a district environmental commission.

(7) "Municipality" means any city, town or village in the State of Vermont.

(8) "Normal Office Hours" means between 7:45 a.m. and 4:30 p.m., Monday through Friday, except for state or federal legal holidays.

(9) "Panel" means the Land Use Panel or the Water Resources Panel of the Board.

(10) "Person" means an individual, partnership, corporation, association, unincorporated organization, trust, joint venture, affiliated ownership; a federal, state, or municipal department, agency or subdivision; or any other legal or commercial entity.

(11) "Rulemaking" means:

(a) a proceeding, initiated by the Board or a Panel, on its own motion or upon the filing of a petition, for the purpose of adopting a Board or Panel statement of general applicability which implements, interprets, or prescribes law or policy within the jurisdiction of the Board or a Panel and;

(b) a proceeding conducted in accordance with the procedures set forth in 3 V.S.A. ch. 25 for the purpose of adopting procedural rules or substantive rules relating to the authority of the Board or a Panel under 10 V.S.A. ch. 151 and such other statutory authorities as may from time to time be delegated to the Board or a Panel.

(12) "Secretary" means the Secretary of the Agency.

(13) "Vice Chair" means the Vice Chair of the Board or the Vice Chair of a Panel.

(B) Whenever a term is used in the singular form in these rules, the plural form of the term shall also be intended where appropriate.

Section 3 Vice Chairs and Acting Chairs

(A) Board Vice Chair and Acting Chair

(1) In the absence or recusal of the Chair with regard to duties of the Board, the Vice Chair for the Board shall serve as the Acting Chair and perform all duties of the Chair relating to the business of the Board. The Board shall annually elect a Vice Chair for the Board from its members who shall serve until his or her successor is elected.

(2) In the absence or recusal of both the Chair and the Vice Chair for the Board, the Board members present at any Board meeting or hearing shall elect an Acting Chair, who shall perform all duties of the Chair at that meeting or hearing.

(B) Panel Vice Chairs and Acting Chairs

(1) In the absence or recusal of the Chair with regard to duties of a Panel, the Vice Chair for that Panel shall serve as the Acting Chair and perform all duties of the Chair relating to the business of the Panel. The Land Use Panel shall annually elect a Vice Chair for Land Use from its members who shall serve until his or her successor is elected. The Water Resources Panel shall annually elect a Vice Chair for Water Resources from its members who shall serve until his or her successor is elected.

(2) In the absence or recusal of both the Chair and the Vice Chair for a Panel, the Panel members present at any Panel meeting or hearing shall elect an Acting Chair, who shall perform all duties of the Chair at that meeting or hearing.

Section 4 Committees, Hearing Officers, and Designees

(A) Appointment

(1) The Board or a Panel may designate a committee, a hearing officer, the Chair, a Board member, an alternate, Board legal counsel, or the Board's executive director to hear, act upon, or investigate any matter within the jurisdiction of the Board or the Panel.

(2) The Chair, Board members, alternates, Board legal counsel, and the Board's executive director may serve as hearing officers or committee members.

(3) The Board or a Panel shall designate in writing the committee, hearing officer, or designee and the matters to be heard, acted upon, or investigated.

(B) Conduct of Hearing, Action, or Investigation

(1) In hearing, acting upon, or investigating matters designated, a committee, hearing officer, or designee may exercise the powers of the Board or the Panel with jurisdiction over the matter.

(2) A committee, hearing officer, or designee, sua sponte, or upon objection, may determine at any time that a matter should be referred to the Board or the appropriate Panel for its consideration.

(3) A committee, hearing officer, or designee appointed to hear, act upon, or investigate any matter may prepare a written report for the Board or the Panel with jurisdiction over the matter.

Section 5 Meetings and Actions

(A) Quorum

A quorum must be present before the Board, a Panel, or a committee may convene a meeting or take action.

(1) A majority (five members) constitutes a quorum of the Board.

(2) A majority (three members) constitutes a quorum of a Panel.

(3) A majority of the members appointed to a committee constitutes a quorum of the committee.

(B) Votes Required

A majority vote of the members of the Board (five votes), a Panel (three votes), or a committee is required to take action.

(C) Alternates

The Chair may assign one or more alternates to sit on specific matters before a Panel or the Board in situations where fewer than five Panel members or nine Board members are available to serve on that matter. No more than five Panel members and nine Board members, including alternates, may be assigned to meet and vote on any particular matter.

(D) Tied Vote

(1) Board and Panels

In the event of a tied vote, the Board or its Panels shall recess until at least one absent member is available to vote or the Chair assigns an alternate member to participate in the decision. The Chair may assign an alternate to break a tie only if a regular member is not available to serve on that matter.

(2) Committees

In the event of a tied vote, a committee shall recess until at least one absent member of the committee becomes available to participate in the committee's decision or until the Chair assigns at least one additional committee member to break a tie.

Section 6 Subpoena Power

Pursuant to 10 V.S.A. § 6027(a)(1), the Board, a Panel, or a committee, hearing officer, or designee may compel by subpoena the attendance and testimony of witnesses and the production of evidence in any matter within its jurisdiction.

Section 7 Information Required in Pending Matters

(A) Supplementary Information

The Board, the Panel, the Chair, or a committee, hearing officer, or designee may require any petitioner or interested person to submit relevant supplementary information for consideration in resolving issues raised in any proceeding under these Rules.

(B) Investigation

The Board, the Panel, or a committee, hearing officer, or designee may conduct or cause to be conducted such investigations, examinations, tests, and site evaluations as may be necessary to verify or supplement information contained in any filing or otherwise presented in any proceeding.

Section 8 Investigation

(A) General

The Board or a Panel may open an investigation and issue such orders as it deems necessary to gather information, identify policy issues, and formulate strategies or means for addressing issues within its jurisdiction. Such investigation may be initiated by the Board or a Panel on its own motion, or in response to a petition.

(B) Notice

The Board or a Panel may initiate an investigation, on its own motion or by petition, by voting to conduct an investigation. The Board or Panel shall specify, and include in the minutes of the meeting at which such vote is taken, the purpose of such investigation and the means by which the Board or Panel will conduct such investigation, including how it will give public notice of such proceeding.

(C) Petition

(1) A petition to initiate an investigation shall be in writing and shall state in detail the purpose of the investigation, the matters to be investigated, and any statutes, rules, decisions or other legal authorities that are or may be at issue. If the petition is related to and in anticipation of a request to adopt, amend or repeal rules of the Board or a Panel, the petition shall so state and shall include any draft rule, policy statement, or proposed standards that the petitioner would like the Board or Panel to consider in the investigation process.

(2) Upon receipt of a complete petition, the Board or Panel shall either initiate the investigation or deny the petition and forward a statement of reasons for the denial to the petitioner. Prior to making this decision, the Board or Panel may hold public hearings to obtain further information relevant to the petition. Petitions to open investigations shall be filed in the same manner as provided in Part II of these Rules.

(D) Outside Facilitator or Mediator

The Board or a Panel, or a committee, hearing officer, or designee with the approval of the Board or a Panel, may retain an outside facilitator or a mediator to assist with an investigation.

(E) Hearings, Comments, and Investigation Report

The Board or a Panel or a committee, hearing officer, or designee may convene one or more hearings in connection with an investigation and may solicit testimony or written comment from any person that may have knowledge of the subject of the investigation. The Board or a Panel or a committee, hearing officer, or designee may choose to hear from any interested persons or may limit testimony or written comments to selected persons during all or part of an investigation. At the conclusion of such investigation the Board or a Panel shall issue a written report summarizing the outcome of the investigation.

Section 9 Computation and Enlargement of Time

(A) In computing any period of time prescribed or allowed by these Rules, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless this day is a Saturday, Sunday, state or federal legal holiday, or a day on which the office is officially closed due to weather or other circumstances such as the day after Thanksgiving, in which event the period runs until the end of normal office hours the next day which is not a Saturday, Sunday, state or federal legal holiday, or other day on which the office is officially closed. The day that a decision or order is issued shall be that date on which it has been certified that the decision or order has been placed in the U.S. Mail for delivery to interested persons or petitioners. The term "day" refers to calendar day.

(B) Whenever a person has the right or is required to file a document within a prescribed period after the service of a paper on the person by another person in the proceeding, and the paper is served on the person by mail, the date of service shall be three days after the date on which the paper was postmarked, unless the Board or a Panel sets a specific date by which the person must file.

(C) The Board, a Panel, the Chair, or a committee, hearing officer, or designee, for good cause upon written motion, may enlarge the time prescribed by these Rules or by its order for doing any act, or may permit an act to be done after the expiration of such time provided that such enlargement will not result in undue delay or disruption of the Board's schedule.

Section 10 Time and Manner of Filings, Certificate of Service

(A) Petitions and Related Materials Filed by Petitioners

(1) Copies

(a) A petitioner shall file an original and six copies of a petition to a Panel and an original and ten copies of a petition to the Board, signed by the petitioner or a duly authorized representative. The Board encourages the petitioner to file an additional electronic copy of the petition.

(b) The petitioner shall file an original and six copies of all documents or exhibits filed subsequent to the filing of a petition to a Panel and an original and ten copies of all documents or exhibits filed subsequent to the filing of a petition to the Board, except as otherwise ordered by the Chair or a committee, hearing officer, or designee.

(c) Exhibits larger than 82 x 11 inches must only be identified to persons required to be served. Only one copy of all such exhibits must be filed. Such exhibits are available for inspection at the Board's offices during normal office hours.

(2) Certificate of Service

(a) A petition and all supporting documents or exhibits, including any documents or exhibits filed to complete or supplement a petition that has been deemed substantially incomplete, shall be accompanied by a certificate of service, signed by the petitioner or a representative, and certifying to the manner of service on the persons required to be served by these Rules.

(b) The certificate of service shall also be served on all persons listed on the certificate of service.

(c) Persons listed on the certificate of service shall be identified by full name and complete mailing address.

(3) Signature, Address, and Phone Number

The petition and related materials filed by the petitioner shall be signed on the last page by the petitioner, or by his or her duly authorized representative, and shall list the address and phone number of the petitioner or representative under said signature.

(B) Written Public Comments

(1) Manner of Filing

One original copy of comments must be filed, unless otherwise specified by the Board, a Panel, or a committee, hearing officer, or designee.

(2) Electronic Filing

Comments may be filed electronically unless otherwise specified by the Board, a Panel, or a committee, hearing officer, or designee.

(3) Service

Copies of comments do not need to be served on petitioners or other persons.

(C) Date of Filing

The date of filing of petitions, public comments, and any other matters shall be the first day on which the filing is received at the Board's office during normal office hours. Filings received at any time other than normal office hours shall be deemed filed on the first day of normal office hours after the item was received.

(D) Labeling

Materials filed with regard to any matter that the Board or a Panel has assigned a case name or number must be clearly labeled with the case name and number.

(E) Format of Petitions, Written Comments, and Exhibits

(1) Petitions, supplemental petitions, and written comments exceeding five pages shall be double-spaced.

(2) Exhibits exceeding 50 pages in length must be placed in a binder, tabbed, and accompanied by an exhibit list. Exhibits containing multiple pages shall be paginated.

Section 11 Waiver of Rules

In order to prevent unnecessary hardship or delay, in order to prevent injustice, or for other good cause, the Board, a Panel, the Chair, or a committee, hearing officer, or designee may waive the application of any of these Rules upon such conditions as the Board, a Panel, the Chair, or a committee, hearing officer, or designee may require, except where precluded by statute.

Part II RULEMAKING PROCEEDINGS

Section 12 General

In promulgating rules the Board and its Panels will act pursuant to the applicable provisions of the Vermont Administrative Procedure Act, 3 V.S.A. ch. 25, unless another procedure is specified by statute.

Section 13 Consolidation

The Board or a Panel may consolidate petitions in order to promote procedural or fiscal efficiency or to enhance public participation in rulemaking.

Section 14 Completeness

(A) The Chair shall determine whether a petition for rulemaking is substantially complete.

(1) If the Chair determines that a petition filed with the Board or a Panel is substantially complete, the Chair shall so notify the petitioner in writing within 15 days of the filing of the petition.

(2) If the Chair determines that a petition filed with the Board or a Panel is substantially incomplete, the Chair shall notify the petitioner in writing of the basis of the Chair's determination. The petitioner shall have 15 days from the date of written notice, or such other time as the Chair may specify in writing, to complete or supplement the petition as required by the Chair or to file a written request for review by the Board or the Panel with jurisdiction over the matter. The petitioner shall have 15 days from the issuance of a written decision by the Board or a Panel with regard to the completeness of the petition, or such other time as the Board or Panel may specify in writing, to complete or supplement the petition.

(B) A petition shall be deemed received pursuant to 3 V.S.A. § 806 when it is determined to be substantially complete.

(C) A petition for rulemaking shall be deemed received as of the date of filing even it the petition is determined by the Chair not to be substantially complete, provided the defects in the petition are timely corrected as provided by paragraph (A)(2), above. Incomplete petitions that are not timely corrected as provided by paragraph (A)(2), above shall be denied.

Section 15 Content of Petitions

(A) All Petitions for rulemaking shall be in writing and shall include the following information:

(1) A detailed statement of the statutory authority under which the petition is filed.

(2) The nature and purpose of the petition.

(3) A written draft of the proposed rule.

(4) A narrative providing a detailed summary of the circumstances prompting the petition and describing the specific action sought.

(5) Copies of all documents the petitioner intends to submit in support of the petition.

(6) A list of the categories of people, enterprises, and governmental entities potentially affected by the proposed rule and an estimate for each, of the costs and benefits anticipated.

(7) A statement of how the proposed rule would be consistent with applicable state and federal laws.

(8) The signature, printed name, and complete mailing address of each person signing the petition.

(9) Petitions shall include the name, address, and telephone number of a designated representative.

(10) The Board, a Panel, or the Chair may require additional information from the petitioner, including but not limited to the names and mailing addresses of all persons owning property abutting any specific waters or wetlands that may be affected.

(B) In addition to the provisions of paragraph (A), above, petitions to the Water Resources Panel shall include the following information:

(1) Petitions to reclassify waters filed pursuant to 10 V.S.A. § 1253(c) and 6025(d)(2) shall include a detailed summary of how the proposed classification is consistent with the requirements of section 1253, other applicable provisions of state statutes, applicable federal requirements, and the provisions of the Vermont Water Quality Standards and other applicable rules.

(2) Petitions to regulate the surface levels of specific public lakes, ponds, and reservoirs filed pursuant to 10 V.S.A. § 6025(d)(1) shall include the name and mailing address of the owner of any dam or structure controlling the surface level of the lake or pond in question and a statement of how the proposed rule would serve the public interest and general welfare.

(3) Petitions to regulate the surface uses of public waters filed pursuant to 10 V.S.A. §§ 1424 and 6025(d)(4) shall explain how the rules requested by the petition comply with the applicable provisions of Section 2 of the Vermont Use of Public Waters Rules, identify any normal uses that would be affected, describe conflicting uses, and discuss what efforts the petitioner has undertaken to resolve any conflicts in use prior to requesting rulemaking.

(4) Petitions to designate a body of water or portion thereof or a category of waters or portion thereof as outstanding resource waters filed pursuant to 10 V.S.A. §§ 1424a and 6025(d)(4) shall include the following information:

(a) Identification of the specific body of water or portion thereof or the specific category of waters or portion thereof for which designation is sought, including the name and location of the waters.

(b) A map showing the waters and identifying any natural or man-made features relevant to the petition.

(c) A narrative describing each exceptional natural, recreational, cultural, or scenic value of the waters specified in 10 V.S.A. § 1424a(d)(1)-(14) which the petitioner claims would warrant their designation as outstanding resource waters.

(d) Copies of all documents and exhibits which the petitioner intends to offer in support of the petition. With the prior approval of the Panel or the Chair, copies of exhibits which are in the public domain and reasonably available, or exhibits which are impractical to duplicate and distribute, may be identified in the petition with an indication of where the exhibits are available for inspection.

(e) A list of all expert witnesses, if any, whom the petitioner intends to have testify in support of the petition, including a summary of their qualifications as experts and of their anticipated testimony.

Section 16 Service of Petitions to the Water Resources Panel

Petitions to the Water Resources Panel to adopt or amend rules relating to surface levels of public lakes, ponds, and reservoirs; classification of waters; water quality standards; surface uses of public waters; outstanding resource waters, wetlands; or the management of lakes and ponds, and any materials filed to complete or supplement these petitions, shall include a certificate of service conforming to the requirements of Rule 9(A), certifying to service of the petition on the following persons:

(A) The Secretary.

(B) he Commissioner of the Department.

(C) For petitions to adopt or amend rules relating to specific water bodies or wetlands,

(1) the clerk of each Vermont municipality in which the waters or wetlands are located,

(2) the planning commission of each municipality in which the affected waters or wetlands are located, and

(3) each regional planning commission serving the area in which the waters or wetlands are located.

(D) For petitions to regulate the surface levels of specific public lakes, ponds, or reservoirs,

(1) the owner of any dam or structure controlling the surface level of the lake, pond, or reservoir,

(2) the president of any lake or property owners association having an interest in the body of water at issue, and

(3) the Department of Public Safety, c/o the State Boating Law Administrator.

(E) For petitions to regulate the surface uses of public waters,

(1) the president of any lake or property owners association having an interest in the body of water at issue, and

(2) the Department of Public Safety, c/o the State Boating Law Administrator.

(F) Such other persons as the Water Resources Panel or the Chair may direct in writing.

Part III DECLARATORY RULINGS BY THE WATER RESOURCES PANEL

Section 17 Contents of Petitions for Declaratory Rulings

Any petition for declaratory ruling filed pursuant to 3 V.S.A. § 808 as to the applicability of any statutory provision or of any rule or order of the Water Resources Panel shall be in writing, filed with the Chair at the Board's office, and shall state in detail:

(A) The interest of the person filing the petition.

(B) The statute, rule, or order at issue.

(C) The factual situation in question.

(D) A description of the relief sought.

(E) To the extent known or reasonably discoverable by the petitioner, the names and addresses of all other persons whose interests may be affected by the issuance of the declaratory ruling.

Part IV PROCEEDINGS NOT GOVERNED BY THESE RULES

Section 18 Rules for Environmental Court Proceedings

Proceedings not specifically governed by these rules, by any other applicable rule, or by any applicable order or statute, shall be governed by the Vermont Rules for Environmental Court Proceedings.

Part V SEVERABILITY

Section 19 Severability

In the event any of these Rules, or any portion thereof, is found by a court of competent jurisdiction to be illegal or void, the remainder thereof shall be deemed unaffected and shall continue in full force and effect. 10 V.S.A. § 6025(a)

History

• EFFECTIVE DATE: May 1, 2006 (Secretary of State Rule Log # 06-010)
• AMENDED: April 2007 (renumbered from 12 001 001)

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 002 AREAS OF LAKE CHAMPLAIN CLOSED TO ELECTROFISHING FOR EELS DURING THE SPAWNING SEASON FOR GAME FISH

12-002 Code Vt. R. 12-010-002-X AREAS OF LAKE CHAMPLAIN CLOSED TO ELECTROFISHING FOR EELS DURING THE SPAWNING SEASON FOR GAME FISH

Action 1.

The following areas of Lake Champlain shall be closed to Electrofishing for Eels from ice out to June 1st to protect the spawning areas of game fish:

1. Missisquoi Bay - North of the East Alburg Railroad Bridge, including the Missisquoi River.

2. Maquam Bay - North of a line from Taber's Point (Hog Island Point) east to the Swanton Municipal Beach.

3. Lapans Bay and St. Albans Bay - East of a line from Sampson Point to the northern tip of Woods Island to the southwest tip of Ball Island to the Georgia shore in a southeast line to Melville Landing.

4. Sandbar Refuge (Dead Creek) - Along the shore from Trout Brook to Route 2 for a distance of 1,000 feet from shore.

5. Sandbar Refuge (Lamoille River) - Along the shore from Route 2 to Clay Point for a distance of 1,000 feet from shore including the Lamoille River.

6. Malletts Creek - For a distance of 1,000 feet out into the lake from the mouth of Malletts Creek, including Malletts Creek.

7. Winooski River - East of a line from Appletree Point on the south and Mills Point to the north for a distance of 1,000 feet out into the lake from the mouth of the Winooski River including the Winooski River.

Rutland Railroad Fill (Colchester - South Hero) - For a distance of 1,000 feet either side of the Rutland Railroad Fill that connects Colchester to South Hero.

9. Keeler's Bay - South of a line from Kibbie Point to Hoyt Bay.

10. The Gut - The area between Route 2 and the Railroad Fill including 1,000 feet west of the Railroad Fill and 1,000 feet east of Route 2.

11. LaMotte Passage - North of a line from the southern tip of Isle LaMotte due east to the shore of North Hero as far north as the Isle LaMotte Bridge. This also includes 1,000 feet east of the Railroad Fill.

12. Kelly Bay west to New York Border - North of Windmill Point to the Canadian Border.

13. Cary Bay - The area for 1,000 feet east and west of Railroad Fill.

14. Isle LaMotte Bridge - For 1,000 feet east and west of Highway Fill and Bridge.

A map of these areas is attached.

[See graphic or tabular material in printed version]

History

• Effective Date: August 31, 1982 (Secretary of State Rule Log #82-34)
• Statutory Authority: 10 V.S.A. § 4306

Chapter 003 BAIT FISH PROCUREMENT AREA - CLOSED TROUT WATERS

12-003 Code Vt. R. 12-010-003-X BAIT FISH PROCUREMENT AREA - CLOSED TROUT WATERS

Section 106 Minnow nets, traps transporting and use

A minnow net not exceeding seventy-five feet in length may be used to take minnows for bait from waters not listed as closed trout waters in Section 121 of these regulations, except for the following named portions of Closed Trout Waters where a minnow net not exceeding seventy-five feet in length may be used to take minnows:

1. Black River - River and Setbacks

Netting bait fish will be allowed within the Black River and setbacks from the upstream abutments of the Bartlow Bridge located on T.H. #32 designated as Bridge #1 downstream to the mouth of the river.

2. Clyde River

Netting bait fish will be allowed in the Clyde River and its setbacks from the interstate access bridge bearing highway designation number F-341-5(4) to the mouth of the river.

3. Johns River

Netting bait fish will be allowed within lower portion of the Johns River from its confluence with Laxe Memphremagog upstream to the downstream end of the twin culverts located on Town Highway #6. Said culverts are designated as Highway Bridge #19.

4. Barton River - River and Setbacks

Netting bait fish will be allowed within the Barton River and setbacks from its confluence with South Bay to the Interstate 91 bridge having the highway designation Interstate Bridge #108. Said bridge is the first interstate bridge located north of Orleans village across the Barton River.

A minnow trap may be used for taking minnows for bait in water inhabited by trout, provided such trap does not exceed eighteen inches in length and the aperture therein for the entrance of fish does not exceed one inch in diameter.

A person shall not transport more than two quarts of minnows without a permit from the commissioner. The commissioner may issue permits to persons who deal commercially in bait fish within the state to authorize transportation of minnows in excess of two quarts.

A person shall not use or transport either dead or alive any spiny rayed fish, members of the pike family, carp, goldfish, or lamprey for the use as bait; provided, however, that these species may be used as bait in those waters where taken.

Section 121 Closed Trout Waters

(a) The following lakes and ponds or portions thereof are hereby designated closed trout waters and shall be closed to all fishing except during the open season for trout as provided in Table A of section 122 of these regulations.

COUNTIES:

Addison

Goshen Dam - Goshen

Lake Dunmore - Salisbury and Leicester

Except from sucker Brook to the island south, which shall be open.

Silver Lake - Leicester

Bennington

Beebe Pond - Sunderland

Bourn Pond - Sunderland

Branch Pond - Sunderland

Red Mill Pond - Woodford

Caledonia

Bean's Pond - Sutton

Beck Pond - Newark

Brown Pond - Westmore

Bruce Pond - Sheffield

Center Pond - Newark

Ewell Pond - Peacham

Harvey's Lake - Barnet

Except for the area described as starting from the dam at West Barnet Village and extending south for 1900 feet to a point on the dam and extending 220 feet to a point on the west shore of said lake and then extending to the point established on the east side of said lake.

Levi Pond - Groton

Marle Pond - Sutton

Martin's Pond - Peacham

Newark Pond - Peacham

Noyes Pond - Groton

Peacham Pond - Peacham

Pigeon Pond - Groton

Vail Pond - Sutton

Wheeler Pond - Barton and Sutton

Cow Mountain Pond - Granby

Dennis Pond - Brunswick

Dolliff Pond - Brighton

Forest Lake - Averill

Great Averill Pond - Averill

Lewis Pond - Lewis

Little Averill Pond - Averill

Maidstone Lake - Maidstone

Norton Lake - Norton

Notch Pond - Ferdinand

Paul Stream Pond - Brunswick

South America Pond - Ferdinand

Unknown Pond - Averys Gore

Unknown Pond - Ferdinand

West Mountain Pond - Maidstone

Lamoille

Little Elmore Pond - Elmore

Mud Pond - Hyde Park

Perch Pond - Hyde Park

Zack Woods - Hyde Park

Orange

Long Pond - Newbury

Miller Pond - Strafford

Rood Pond - Brookfield and Williamstown

Orleans

Baker Pond - Barton

Bald Hill Pond - Westmore

Beaver Pond - Holland

Brown's Pond - Westmore

Caspian Lake - Greensboro

Crystal Lake - Barton

Echo Lake - Charleston

Hartwell Pond - Albany

Holland Pond - Holland

Job's Pond - Westmore

Long Pond - Westmore

May Pond - Barton

Round Pond - Holland

Seymour Lake - Morgan

Shadow Lake - Glover

Sweeney Pond - Glover

Willoughby Lake - Westmore

Rutland

Beaver Pond - Mendon

Colton Pond

Lefferts Pond - Chittenden

Little Rock Pond - Wallingford

Smith Pond - Proctor

Spring Lake - Shrewsbury

Sunset Lake - Benson

Washington

Bancroft Pond - Plainfield

East Long Pond - Woodbury

Nelson Pond - Calais and Woodbury

Nichols Pond - Woodbury

Windham

Marlboro South Pond - Marlboro

Stratton Pond - Stratton

Windsor

Ansel Pond - Bethel

Colby Pond - Plymouth

Knapp Brook Pond No. 1 - Reading and Cavendish

McIntosh Pond

Stoughton Pond - Weathersfield

(b) All streams are hereby designated closed trout waters and shall be closed to all fishing except during the open season for trout as provided in Table A of section 122 of these regulations, provided that this subsection shall not apply to the following streams or portions of streams, which are hereby designated open streams:

CONNECTICUT RIVER TRIBUTARIES

Passumpsic River

From the Roy Brother Manufacturing Company Dam, so called, in East Barnet to the Connecticut River.

Waits River

From the Central Vermont Power Dam in Bradford to the Connecticut River.

Ompompanousuc River

From the flood control dam in Union Village in the Town of Thetford to the Connecticut River.

White River

From the Route 107 bridge, so called in the Town of Royalton to the Connecticut River.

Black River

From the dam at Gould's Mill, so called, in the Town of Springfield to the Connecticut River.

Williams River

From the lower end of a natural falls at Brockway Mills Falls, so called, in the Town of Rockingham to the Connecticut River.

West River

From the highway bridge on Route 8 in the Town of Jamaica to the Connecticut River.

Wells River

From the Route 302 bridge furthest downstream to the Connecticut River.

LAKE CHAMPLAIN TRIBUTARIES

Poultney River

From the Central Vermont Power Dam at Carver Falls in West Haven to Lake Champlain.

Otter Creek

From Center Rutland Falls to Lake Champlain.

Winooski River

From Bolton Dam in the Town of Bolton to Lake Champlain.

Lamoille River

From the Central Vermont Power Dam at Fairfax Falls in the Town of Fairfax to Lake Champlain.

Missisquoi River

From the Rixford Manufacturing Dam in East Highgate in the Town of Highgate to Lake Champlain.

History

• Effective Date: August 9, 1991 (Secretary of State Rule Log #91-46)
• AMENDED: November 1, 1997 (Secretary of State Rule Log #97-50)
• August 11, 1998 (Secretary of State Rule Log #98-53)

Subagency 020 DEPARTMENT OF FORESTS, PARKS AND RECREATION

Chapter 004 HANG GLIDING AND PARAGLIDING ON STATE OOWNED LANDS

12-004 Code Vt. R. 12-020-004-X HANG GLIDING AND PARAGLIDING ON STATE OOWNED LANDS

Under the authority vested in 3 V.S.A., Chapter 51, Section 2803, and 10 V.S.A., Chapter 83, Section 2603, the Secretary of the Agency of Natural Resources designates the following public lands for use by hang gliders and paragliders to be effective March 1, 1993.

1. Purpose

Pursuant to to 3 V.S.A. § 2603 and 10 V.S.A. § 2803, no person may launch a hang glider or paraglider from state land unless such land has been expressly designated for such use. Public lands as specified or described in these regulations shall be open for use by hang gliders and paragliders under the conditions described. Any person may make application for designation or closure of state land by writing the Secretary, Agency of Natural Resources, 103 So. Main St., Waterbury, Vt 05671.

2. Definitions

(A) "Hang Gliding" and "Paragliding" means the act, essentially a sport, of flying through the air utilizing a hang glider or a paraglider.

(B) "Hang Glider" (with a rigid wing) and "Paraglider" (with a non-rigid wing) means a heavier-than-air vehicle capable of being physically carried, launched, flown and landed by the hang glider or paraglider pilot. These vehicles fall within the definition of aircraft as determined and administered by the Federal Aviation Administration and the Agency of Transportation of the State of Vermont.

(C) "Hang Glider Pilot" and "Paraglider Pilot" means an individual who participates in hang gliding or paragliding, respectively.

(D) "State Land" means real property owned or controlled by the Agency of Natural Resources.

(E) "Launch Site" means the location from which a pilot launches the vehicle for hang gliding or paragliding.

(F) "Secretary" means the Secretary of the Agency of Natural Resources.

3. Designation of State Lands

After due notice, the Secretary may permit hang gliding and paragliding from authorized launch sites on state lands and establish conditions for use of these authorized launch sites. However, if the Secretary thereafter finds that use of an authorized launch site is causing undue adverse impact on the environment or on the health, safety, and welfare of the public, he or she may close all or some of such launch sites for a period not to exceed thirty-five (35) days and thereafter only upon due notice. Hang gliding and paragliding from state lands, other than at authorized launch sites, is prohibited.

4. Safety Regulations

All flights shall conform to the current "Part 100 - Basic Safety Regulations" of the United States Hang Gliding Association and/or the current regulations of the American Para Gliding Association, whichever is most appropriate. These regulations are attached as Appendix A.

5. Rating System

All Hang Glider Pilots and Paraglider Pilots shall be rated according to "Part 104 - Pilot Proficiency System" of the United States Hang Gliding Association and/or the rating system of the American Paragliding Association, whichever is most appropriate. Only pilots who have qualified for the required rating may fly from authorized launch sites. These ratings are attached as Appendix B.

Permit for Use of Launch Sites

Each pilot must receive permission from the designated person at the site to launch from that site. In order to receive permission the person must show proof that he or she is a member in good standing of the United States Hang Gliding Association and/or the American Paragliding Association or foreign equivalent, and show proof that he or she meets the rating required to launch from that site. The individual must also sign an annual waiver of liability, to run from the park opening one year to the park opening of the next year, saving and holding the State of Vermont and its employees and agents free from all claims arising from bodily injury or property damage incurred while participating in hang gliding or paragliding at the permitted sites. On the specific day of the launch the pilot must sign a log-in and indicate his or her rating.

7. Payment of Fees

Pilots shall be subject to the same fees as other persons using the area at which the launch site is located. Payment of the required fee, after meeting the requirements of section 6 above, constitute the issuance of the required permit.

Special Events

Contests, meets, demonstrations, and other special events will be permitted only by written permission of the Secretary, or the Secretary's designee.

Site Modification

There shall be no modification of any site without the written approval of that employee of the Agency of Natural Resources responsible for the management of that site.

10. Authorized Sites

The following sites are designated as launch sites and may be used under the conditions described:

(A) Ascutney State Park at points known as "Brownsville Rock" and "South Peak." These sites may be used by hang glider pilots with an "Intermediate Rating" or paraglider pilots with a Class III (Advanced) rating. These sites may be used during the regular park season and during the off season with a special use permit only.

(B) Darling State Park at points known as the top of "Doug's Drop" and "Upper Willoughby" ski trail, subject to the approval and conditions of property lessee, Bear Kingdom, Ltd. These sites may be used by hang glider pilots with an "Intermediate Rating" and paraglider pilots with a Class III (Advanced) rating. These sites may be used only when the Toll Road is open to the public.

STATE OF VERMONT NATURAL RESOURCES AGENCY

By Chuck Clarke, Secretary

Part 100 BASIC SAFETY RECOMMENDATIONS

Section 100 GENERAL

A. USHGA Part 100 is a set of safety recommendations for hang glider flight operations.

B. Definition - A hang glider is defined as a glider capable of being carried, foot launched and foot landed solely by the energy and use of the pilots legs.

C. Hang gliding flights in the United States are governed by FAR part 103, Federal Aviation Regulation, Ultralight Vehicles, (except for flights by FAA licensed pilots in FAA registered aircraft which are governed by FAR Part 61 and FAR Part 91) and may be governed in addition by other civil laws and regulations. Persons participating in hang gliding operations under FAR Part 103 are required by law to fly in accordance with FAR Part 103, and in accordance with any other applicable civil laws.

D. It is further recommended that persons participating in hang gliding be familiar with:

1. USHGA Part 100 (these recommendations).

2. USHGA Part 104 (Pilot Proficiency Program).

Section 100.01 OPERATIONS

GENERAL

A. SITE OPERATIONAL RULES AND STANDARDS - At flying sites where hang gliding operations are regulated under the USHGA pilot proficiency program, (USHGA PART 104), pilot proficiency requirements and operating rules and procedures will be specified by the USHGA Instructor, Observer or Examiner or other official responsible for regulating use of the site. At sites where the use is by agreement with a city, county, state or federal agency, certain such rules and procedures may carry the force of law.

B. INSTRUCTION - Pilots flying under the direct supervision of a USHGA certified instructor will have operating limitations prescribed for them by that instructor.

Section 100.02 UNSUPERVISED OPERATIONS BY PILOTS BELOW AN INTERMEDIATE RATING

A. STUDENT PILOTS - It is recommended that student pilots (without a Beginner rating) not fly except under the direct supervision of a USHGA Certified Instructor.

B. BEGINNER PILOTS - It is recommended that beginner pilots (without a Novice rating) flying not under the direct supervision of a USHGA Certified Instructor limit themselves to:

1. Winds of 12 mph or less with gust differential of 5 mph or less.

Altitudes of less than 100 feet AGL.

C. NOVICE PILOTS - It is recommended that Novice pilots (without an Intermediate rating) flying not under the direct supervision of a USHGA Certified Instructor limit themselves to smooth winds of 18 mph or less and gusty winds of 11 mph or less. It is further recommended that pilots learning to make 360 degree turns do so:

1. Under the supervision of a USHGA Certified Instructor

2. With a ground clearance of not less than 500 feet.

Section 100.03 ALL PILOT OPERATIONS

A. It is recommended that preplanned landings not be attempted in an area less than 40 feet wide by 100 feet long.

B. It is recommended that all takeoffs be proceeded by a static harness check.

C. It is recommended that cliff launches in winds over 15 mph be assisted by at least one wire man.

Section 100.04 PREFLIGHT PROCEDURES

A. It is recommended that prior to flight the pilot:

1. Determine the appropriate altitude and surface winds.

2. Plan the proposed flight, including landing and alternate landing areas.

3. Pre-flight the glider, giving it a meticulous walk around inspection.

4. Inspect the landing area for obstructions.

5. Secure the property owner's permission when using private property.

Section 100.05 TRAFFIC AND RIGHT OF WAY RECOMMENDATIONS

A. Takeoffs and landings should be made into any significant wind.

B. When ridge soaring, reversing turns should be made away from the ridge and into the wind.

C. When ridge soaring, an overtaking glider should pass between the ridge and the overtake glider.

D. Gliders approaching head on should give way to the right.

E. Pilots should avoid flying directly above or below another glider in close proximity.

F. Pilots entering a-thermal should circle in the direction established by the first glider to begin circling in the thermal, without regard to the-relative altitude of the gliders in the thermal.

Section 100.06 EQUIPMENT

A. THE GLIDER

1. No glider should be delivered for the purpose of unsupervised use to anyone who has not demonstrated the ability to use the glider safely.

2. It is recommended that all gliders flown meet or exceed HGMA specifications as published for that category.

B. OTHER EQUIPMENT

1. It is recommended that pilots wear adequate protective clothing.

2. It is recommended that pilots wear protective headgear.

3. It is recommended that pilots utilize flotation gear when there is any likelihood of landing in water.

4. It is recommended that pilots wear or utilize a reserve parachute for flights at significant altitude in which there is any significant chance of a structural failure, a midair collision, or a medical emergency.

Section 100.07 TWO PLACE FLIGHTS

A. Hang glider flights conducted under FAR 103 are restricted by federal aviation regulation to single place operations, except where they are conducted under the Tandem Exemption granted to the USHGA by the FAA. Such operations conducted under the Tandem Exemption are required by the terms of the exemption to be conducted under the applicable rules and procedures of USHGA Part 104 and its supplements.

Section 100.08 AERO TOWING OPERATIONS

A. Aero towing flights in hang gliders which are not conducted under FAR Part 61 and FAR Part 91 are conducted under the FAA Towing Exemption. Such operations are required by the terms of the exemption to be conducted under the applicable rules and procedures of USHGA Part 104 and its supplements.

United States Hang Gliding Association, Inc.

Standard Operating Procedures - 12-1

Part 104 PILOT PROFICIENCY SYSTEM

Section 104 INTRODUCTION

USHGA pilot ratings are issued to reflect completion of WTTNESSED tasks. Some tasks may require excessive precision to minutiae, but the practice preparing for them will prove beneficial. A rating gives a pilot an introduction to local people at a different site. Flying sites are labeled according to the approximate skill level required to fly there safely. A pilot may fly the hill only if the local people feet he is capable of doing so. It is recommended that all pilots maintain a flight log.

Section 104.01 ADMINISTRATION

A. Administration Procedures

1. Flights offered in evidence of a skill must have been made in accordance with regulations and requirements of the USHGA in effect at the time of the flight.

2. Ratings shall be obtained in order, starting with the Beginner Rating, and each assumes the applicant has the ability to perform the tasks required by all lower ratings. Beginner and Novice ratings may be issued simultaneously.

3. Ratings Beginner and Novice shall be issued by USHGA Basic or Advanced Instructors. They shall provide applicant with a rating application and a temporary rating from the application. The applicant shall send the signed application to USHGA Headquarters and a permanent rating shall be issued. Beginner rating is free. Novice application fee is $ 7.50.

4. Ratings Intermediate and Advanced shall be issued by USHGA Observers and Advanced Instructors. They shall provide applicant with a rating application and a temporary rating from the application. The applicant shall send the $ 7.50 rating fee and signed application to USHGA Headquarters and a permanent rating shall be issued.

5. Master ratings shall be issued by USHGA Regional Directors. The applicant shall send the $ 7.50 rating fee and signed application forms to USHGA Headquarters and a permanent rating shall be issued.

6. Examiners may recommend applicants for the Instructor Certification Program, may appoint Observers and may recommend Advanced Pilots for the Master Rating. All recommendations are submitted to the USHGA office.

7. All pilots applying for ratings MUST be current Full Members of USHGA.

8. All pilots who have been an inactive USHGA member for two consecutive years, must demonstrate for a qualified Observer/Instructor the flying skills consistent with their previous skill level in order to retain their rating. A new rating slip must be submitted to USHGA for reinstatement of the rating. There is no additional charge for reinstatement.

6.02 Recommended Operating Limitations for Novice Pilots

A. Should exceed these limitations only after thoroughly mastering all required tasks, and after acquiring a full understanding of the potential problems and dangers involved in exceeding these limitations.

B. It is highly recommended that all flights be made under the direct supervision of a USHGA Certified Basic or Advanced Instructor or Observer.

C. Should fly only in smooth winds of 18 mph or less and gusty winds to 11 mph.

D. If footlaunching, should launch only on slopes 2:1 to 7:1, where wind is within 25 [degrees] of being straight up the slope.

E. Should maintain heading within 90 [degrees] of directly into wind, and within 45 [degrees] of directly into wind below 60' AGL.

F. Flight speed. Should not attempt to fly slowly when encountering lift, but instead, concentrate on maintaining attitude, heading, and airspeed. Slow flight must be preceded by stall experience 500' from any object.

Section 104.07 INTERMEDIATE RATING Foot/Tow Launch Required Witnessed Tasks

A. The pilot shall use Good Judgement and have a level of Maturity commensurate with the rating.

1. Must have held a Novice rating for at least four months.

Must have logged a minimum of 30 flying days.

3. Must have logged a total of at least 90 flights.

4. Must have logged a minimum of two hours of solo airtime.

5. Has received and understands the importance and/or significance of:

a) Right of way rules.

b) FAA Regulations, sectional charts.

c) Airspeed control, stalls, spins, and adverse yaw.

d) Glider owners manual.

e) USHGA Accident Report results currently in print.

6. Can give verbal analysis of conditions on the hill demonstrating knowledge of wind shadows, gradients, lift, sink, laminar air, turbulence, and rotors and the effect these items can have on intended flight path and turns.

7. Must give verbal flight plan for each observed flight.

8. Must show thorough preflight of harness and glider, and a parachute.

9. With each flight, demonstrates method of establishing that pilot is hooked in just prior to launch.

10. All takeoffs should be aggressive, confident and with a smooth transition to flying. Flights with slow unstable launches will not be considered adequate as witnessed tasks.

11. For witnessed tasks, all landings must be safe, smooth, on the feet, and in control.

12. Demonstrates the ability to differentiate airspeed from ground speed.

13. Demonstrates linked 180 [degrees] turns along a predetermined ground track showing smooth controlled reversals and proper coordination at various speeds and angles of bank.

14. Explains stall warning characteristics.

15. Has practiced and demonstrates gentle stalls and proper recovery under the direct supervision of an instructor or qualified observer, at least 500' from any object.

16. In 8 to 15 mph wind, demonstrates the ability to maintain airspeed at or near minimum sink during crosswind and upwind legs, without any evidence of stalls.

17. Demonstrates ( * three consecutive spot landings) within 50' of a spot after flights requiring turns on approach.

• Refer to 1043.01

18. Demonstrates proper airspeed control on landing approach when descending through a gradient.

19. Demonstrates proper airspeed for maximum distance flown into a significant headwind.

20. Must pass USHGA Intermediate written exam.

B Recommended Operating Limitations for Intermediate Pilots:

1. Should fly only in winds of 25 mph or less, with gust differential of 10 mph or less.

2. Should initiate downwind turns only with 500' of clearance outward from the hill or ridge in winds above 18 mph, and 300' of clearance in winds above 10 mph.

3. Upon mastering the above skills, an Intermediate Pilot should pursue new maneuvers, sites and conditions with the guidance of a USHGA Certified Advanced Instructor or Observer.

Section 104.08 ADVANCED RATING Foot/Tow Launch Required Witnessed Tasks

A. The pilot will fly using Good Judgement and have Maturity commensurate with the rating. The following logged requirements must be met:

1. Must have held an Intermediate rating for at least eight months.

2. 250 flights.

3. Five flights at each of five different sites in Intermediate level conditions, of which at least 3 were inland.

4. Eighty flying days.

5. At least one, 1-hour flight.

6. At least one 30-minute flight in thermal lift without sustaining ridge lift.

7. Must have logged 75 hours total airtime with no more than 25 of these hours to be tandem with a Certified Instructor who holds a tandem rating. Twenty-five of these 75 hours must be in thermal lift, with no more than 10 of these 25 hours to be tandem with a Certified Instructor who holds a Tandem rating.

Section 104.14 PARAGLIDING RATINGS

A. CLASS I Certification

Class I certification teaches the student skills necessary to launch and flying low-moderate, non-turbulent wind conditions at sites with appropriate glide ratio, and opten launch and landing zones. Time required to obtain certification will depend on conditions, site availability, student aptitude, and course size. Listed below are the minimum requirements an instructor should teach.

SITE: Site Layout, choosing launch and landing areas. Site Protocol.

EQUIPMENT: Introduction to equipment and terminology.

GROUND CREW: Briefing and duties for ground crew.

PRE-FLIGHT CHECKS: Canopy connections, rigging, and control lines, harness, helmet.

EMERGENCIES: Briefing on emergency procedures: drag back, low turns, slope landings, tree and hazard landings.

LAUNCH PRACTICE: Preparation, inflation, launch practice on gentle slope progressing to take-offs. Stop-launch and practice canopy collapse. Static flying to practice canopy control.

STRAIGHT FLIGHTS & LANDING: Take-off and straight-ahead flights in low-moderate wind with stand-up landings.

CANOPY CONTROL FLIGHTS: Flights with "S" turns, stall and recovery procedure, minimum sink flying.

RULES OF THE AIR: Briefing on rules of the air and conditions for use of ridge. Collision avoidance. Relationship with other air users.

THEORY: Basic theory of flight and airflow. Importance of airspeed. Soaring sites: area of lift/sink, curl over, rotors, eddies, etc. Matching canopy and pilot weight/skills to wind speed.

B. CLASS I Required Witnessed Tasks

All witnessed flights must be pre-planned by the pilot and discussed with the rating instructor. All flights must be self-launched and include proper canopy setup for conditions. Demonstrate the following:

1. Preflight while explaining what to look for.

2. How to brief and instruct ground crew, and explain when assisted launch is necessary.

3. Clean launch with each flying task (i.e., tight lines, riser control, proper stance, smooth transition from running to flying, etc.)

4. Two straight flights, launching and landing into the wind on feet.

5. Three flights with S-turns 30 degrees off wind line following a straight line path ending with a controlled landing on feet into the wind.

6. One flight with at least two 180 degree (figure 8) turns.

7. Two no-wind launches, two moderate-wind launches, two high-wind launches (10-15 mph).

8. Five spot landings within a 50 ft. diameter circle.

9. Hands-off flying, front riser use, and mild stall and recovery (above 500').

10. Two cross wind launches approximately 30 degrees off wind line.

11. Smooth airspeed control ranging from minimum sink to fast conditions.

12. Standard aircraft landing procedures and how to keep from getting dragged back.

13. Proper strong wind landing procedures and how to keep from getting dragged back.

14. Demonstrate and explain correct packing procedure, canopy care and maintenance.

15. Pass APA Class I oral/written exam.

C. CLASS II Requirements

1. Must have completed Class I, or Foreign equivalent, plus I year logged air time.

2. Must have logged at least 150 flights plus 30 hrs. airtime.

3. Must have logged flights from at least 5 different sites.(1 at sea level-1 above 5000 ft. asl)

4. Must have logged at least 80 flying days.

5. Must have logged at least 5 flights of 30 min. or longer duration, with at least 1 one hour flight in thermal lift, without ridge lift, and at least 5 ridge lift flights of 30 min. or longer.

6. Must have logged at least 10 flights from a launch over 1000' above the landing zone.

7. Must have flown at least 3 different types of canopy.

D. Class II Required Witnessed Tasks

1. Smooth coordinated 360 degree turns in both directions, with reversal at various speeds.

2. Three consecutive spot landings within an 8' diameter circle.(turns are required to set up an approach)

3. Demonstrate side hill landings.

4. Full stall and recovery above 500 ft.

5. Negative turns, flat spin, spiral dive.

6. Successful completion of Class II written exam.

American Paragliding Association Class III Rating

-ADVANCED PILOT-

Rating Classification:

A Class III Pilot has an advanced level of knowledge and skills and is capable of flying technically demanding sites in strong conditions. More important, he or she has the ability to judge when the site and conditions are within the his or her skill, knowledge, and experience level. The pilot understands the APA rating system and recommended operating limitations and the FAR's and other flying rules applicable to his flying (ridge rules, thermal right of way, FAR 103, sectional use, restricted airspace avoidance, etc.).

Prerequisite: APA Class II Rating

Minimum logged requirements:

• 500 flights

• 150 hours logged airtime

• 2 years logged flying experience with the last 12 months injury free (an injury is defined as what would cause a prudent person to seek licensed medical attention)

• 200 flying days

Skill Demonstration:

• All advanced maneuvers

• Pass written exam (80% required)

History

• Effective Date: March 1, 1993
• Statutory Authority: 3 V.S.A. § 2803; 10 V.S.A. § 2603

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 005 BOUNDARIES: FISHERIES REGULATIONS

12-005 Code Vt. R. 12-010-005-X BOUNDARIES: FISHERIES REGULATIONS

Action 1

The Fish & Wildlife Board amends Section 114 to read:

Lake Champlain

Lake Champlain proper shall be considered to include the setbacks at the same level and the major tributaries to the lake to the following boundaries: Rock River to first Canadian line crossing; Mud Creek to the Dam; Missisquoi River to Swanton Dam; Mill River in Georgia to falls; Lamoille River to the first dam; Mallets Creet to Routes 2 and 7; Winooski River to the falls (ledges) west of Route #7; LaPlatte River to the falls in Shelburne (downstream of State Aid Route #2); Lewis Creek to falls in North Ferrisburg (just upstream of State Aid Road #1); Little Otter to falls in Ferrisburg Center; Dead Creek to Panton Road bridge; Otter Creek to falls at Vergennes; East Creek to the falls; Poultney River to Carver Falls.

Action 2.

The Fish & Wildlife Board amends Section 121 to read:

Connecticut River Tributaries

White River

From the Route 107 bridge, so called in the town of Royalton to the Connecticut River.

Lake champlain Tributaries

Winooski River

From Bolton Dam in the Town of Bolton to Lake Champlain.

Action 3.

The Fish & Wildlife Board amends Regulation 892 to read:

The below named waters are closed from April 1 - June 1 annually:

Chittenden County

Lamoille River - From the Peterson Dam downstream to the lower point of the island in Milton.

History

• Effective Date: November 8, 1985 (SOS Rule Log #85-67)
• Authority: Title 10 V.S.A. Sections 4083

Chapter 006 BOUNDARIES AND DATES RESTRICTING FISHING IN SPAWNING AREAS

12-006 Code Vt. R. 12-010-006-X BOUNDARIES AND DATES RESTRICTING FISHING IN SPAWNING AREAS

The below listed waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from April 7 to June 1 annually:

ORLEANS COUNTY

Black River- From the top of falls at Old Harman Mill in Coventry downstream to point 600 feet below said falls.

Ware Brook- From downstream end of bridge culvert under Irasburg town Road #8 upstream approximately one mile to top of the falls.

Alder (Stony) Brook- From its mouth at the Black River and extending 3 1/2 miles upstream to outlet of Sargent Pond, in Coventry.

Willoughby River- From top of Whetstone dam in Evansville, downstream to junction of Brownington Branch in Brownington; and from the bridge on the highway from Orleans to Brownington and extending upstream to the top of the natural falls, in Orleans Village.

Dorin, Wells, Myers, Mill and Schoolhouse Brooks- From mouth of brooks at Lake Willoughby upstream approximately 3/4 mile in Dorin Brook, all of Wells Brook, 1/2 mile in Myers Brook, 1/4 mile in the Mill Brook and tributaries, and 1/4 mile in Schoolhouse Brook, all in Westmore.

Outlet Brook- From top of dam at outlet of Seymour Lake downstream to highway bridge near Echo Lake, in Charleston.

Valley Brook- From its mouth at Seymour Lake extending upstream to a point where it passes under the Valley Road, in Morgan.

ESSEX COUNTY

Lightning Brook- At the top of the natural falls and extending downstream approximately 2 miles to its mouth, in Brighton.

Clyde River- From the outlet of Island Pond extending 1/8 mile downstream, in Brighton.

Back Pond- Southeasterly of a line from telephone pole #41 beside Lake St., to the second telephone pole northwest of the culvert, and within 57 feet of its outlet, in Brighton.

CALEDONIA COUNTY

Jewett Brook- From its mouth at Harvey's Lake and extending upstream to the first highway bridge, in Barnet.

The below named waters are closed from April 1 to June 1 annually:

ORLEANS COUNTY

Johns River- From the bridge on town highway #3 upstream approximately two tenths of a mile to the bridge on town highway #5, in Derby.

The below named waters are closed from March 16th to June 1st, both dates inclusive:

CHITTENDEN COUNTY

Lamoille River- From the Peterson Dam downstream to the side of the first bridge referred to as the West Milton Bridge.

Winooski River- From the upstream side of Bridge #150 on U.S. Route 2 and U.S. Route 7 in the cities of Winooski and Burlington and extending downstream to the downstream side of the first railroad bridge referred to as the Blue Bridge.

The below named waters are closed from March 16th to the Friday before the 1st Saturday in May, both dates inclusive.

FRANKLIN COUNTY

Missisquoi River- From the top of the Mill Dam extending downstream 5,120 feet to the Northwest corner (downstream) of the Riverside Cemetery and across the river to a pole on the Northeast bank.

The below named waters are closed from April 7 to May 11:

ORLEANS COUNTY

Clyde River- From a point approximately 292 feet below the so-called Clyde Street bridge upstream to the abandoned Mill Dam immediately upstream of the Number 1, 2, 3, Powerhouse of Citizens Utilities Co., in Newport.

The below named waters are closed from October 1 to October 31:

ORLEANS COUNTY

Johns River- From the bridge under town highway #6 upstream to Route U.S. #5 in the town of Derby.

History

• Effective Date: February 17, 1994 (Secretary of State Rule Log #94-5)
• AMENDED: January 2, 1996 (Secretary of State Rule Log #95-91)

Chapter 007 GAME BIRD SEASONS, BAG LIMITS (10 V.S.A. APP. Section 21)

12-007 Code Vt. R. 12-010-007-X GAME BIRD SEASONS, BAG LIMITS (10 V.S.A. APP. Section 21)

Game birds of the species listed in column one of the Table set forth below may be taken during the period specified in column two in the number specified in column three, and may be possessed only in the numbers specified in column three as "possession limits."

| Column One BIRD | Column Two SEASON | Column Three BAG LIMIT | | --- | --- | --- | | (a) Migratory game birds, all species | In accordance with Federal regulations | In accordance with Federal regulations | | (b) Partridge (ruffed grouse) | Last Saturday in September to December 31, inclusive | 4 daily limit 8 possession limit | | (c) Pheasant | Last Saturday in September to December 31, inclusive | 2 daily limit 4 possession limit | | (d) Wild Turkey | see $S 22, post | see $S 22, post | | (e) Quail | Last Saturday in September to last Thursday before regular deer season, inclusive | 4 daily limit 8 possession limit | | (1) Bobwhite Quail | No closed season | None | | (f) Chukar Partridge | No closed season | None | | (g) Others | No open season | | | (h) Crow | Friday - Monday only, inclusive, January 15 - April 11 and August 19 - December 19 | No limit |

History

• STATUTORY AUTHORITY: 10 V.S.A. § 4082
• EFFECTIVE DATE: October 27, 1980 Secretary of State Rule Log #80-106
• AMENDED: September 13, 1991 Secretary of State Rule Log #91-50; January 1, 2016 Secretary of State Rule Log #15-018

Chapter 008 CLYDE RIVER: CATCH AND RELEASE

12-008 Code Vt. R. 12-010-008-X CLYDE RIVER: CATCH AND RELEASE

Between October 1 and the last Sunday in October, both dates inclusive, on that portion of the Clyde River (Newport City, Orleans County) beginning at the abandoned mill dam immediately upstream of the Citizens Utilities Company, Newport 1, 2, 3 powerhouse downstream to the downstream edge of the arch bridge at Gardner Park entrance, fishing may be done with artificial flies and lures only, and all salmon caught must be released.

History

• Effective Date: January 2, 1988 (Secretary of State Rule Log #87-52)
• September 29, 1995 (Secretary of State Rule Log #95-FW1)
• January 2, 1996 (Secretary of State Rule Log #95-90)
• Authority: 10 V.S.A., C.103, § 4142

Subagency 020 DEPARTMENT OF FORESTS, PARKS AND RECREATION

Chapter 009 VISITOR CONDUCT AND FEES AND CHARGES FOR STATE PARK SERVICES AND COMMERCIAL ACTIVITIES ON DEPARTMENT LANDS

12-009 Code Vt. R. 12-020-009-X VISITOR CONDUCT AND FEES AND CHARGES FOR STATE PARK SERVICES AND COMMERCIAL ACTIVITIES ON DEPARTMENT LANDS

DEFINITION: Operating Season: When visitor fees are being collected.

I. GENERAL VISITOR CONDUCT

(Applies to all Department lands, except where noted)

1. Posting bills without the permission of authorized personnel, cutting, peeling, defacing, writing upon or destroying or damaging any building, sign, plant, rock or other natural or manmade structure or object is prohibited.

2. No plant may be uprooted or cut without a special written permit from the Commissioner of Forests, Parks and Recreation or their designee except wild berries, fruits, seeds, nuts, or mushrooms may be collected only for personal use at the risk of the collector. Commercial harvesting of such items for profit is allowed only with a special written permit from the Commissioner of Forests, Parks and Recreation or their designee.

3. Removal of any earth material, including but not limited to rock, sand, gravel, topsoil and minerals, is allowed only with a special written permit from the Commissioner of Forests, Parks and Recreation or their designee. Exempt from this requirement is the personal collection of small stones for educational or hobby collecting purposes unless the stones contain fossils or are otherwise historically significant.

4. Animals, other than species taken legally according to Vermont Department of Fish and Wildlife laws and regulations, may not be collected without a special written permit from the Commissioners of Forests, Parks and Recreation and Fish and Wildlife or their designees and/or the U.S. Fish and Wildlife Service. "Animals" include mammals, birds, reptiles, amphibians, fish, and invertebrates.

5. The feeding of wildlife in State Parks by visitors is prohibited.

6. The use of metal detectors is permitted only in areas designated by the Commissioner of Forests, Parks and Recreation and when their use does not conflict with other visitors to Department lands, or disturb lawn areas, rare or fragile plant or animal habitats or archeologically sensitive areas. Users must report to authorized personnel before using a metal detector. Probing in permitted areas may be done only with a small hand tool to a maximum depth of three (3) inches. Any artifacts which may have historical or archeological significance are the property of the State of Vermont and shall be surrendered immediately to authorized personnel. All disturbed areas must be restored to their original state. Use of metal detectors is prohibited in areas of obvious historic significance, e.g., cellar holes, stonewalls, etc.

7. The use of mechanical techniques for gold panning is prohibited. Gold panning is permitted only by traditional hand panning technique.

8. Glass containers or other materials which may pose a hazard to swimmers are not allowed in pools, beaches or other swimming areas.

9. All refuse and separated recyclables shall be placed in containers provided for that purpose. In remote camping and day use areas, waste and rubbish must be carried out and disposed of at proper locations.

10. Alcoholic beverages in bulk containers (larger than 1 gallon or 4 liters) are prohibited in State Parks except day use areas when served to an organized group by an individual possessing the appropriate license.

11. In situations when alcoholic beverages are being consumed or when otherwise appropriate, the park manager or park staff may require legal identification and proof of age.

12. Children under the age of 14 must be supervised by an adult, while visiting the State Parks.

13. Swimming is encouraged only in designated areas. Persons who swim in areas without lifeguard protection, or when a lifeguard is not on duty, do so at their own risk.

14. There is no fishing in marked, designated State Park swimming areas during the operating season.

15. Using soap is not allowed in any surface waters in, or adjacent to, State Parks.

16. Chainsaws may not be used in State Parks by visitors.

17. Aircraft are not allowed in State Parks and Forests facilities without the written approval of the Commissioner of Forests, Parks and Recreation except in an emergency.

18. Disorderly conduct is prohibited (per 13.V.S.A. § 1026) .

19. Urinating, defecating or disposing of human waste shall be in facilities designated for that purpose.

20. Smoking of tobacco is prohibited in designated Smoke Free areas of state parks and forests. Smoke Free areas shall be established by the Commissioner of Forests, Parks and Recreation on a site by site basis to protect the health and well being of nonsmoking park and forest visitors. Smoke Free areas shall include, but not be limited to playgrounds and intensively used day use areas such as busy beaches and picnic areas.

I.a. Vehicle Use.

1. The maximum speed limit on State Parks and Forests roads is 15 miles per hour unless otherwise posted.

2. Recreational use of mountain bicycles and motorized all terrain vehicles shall be permitted only on roads and trails designated for such use.

3. Parking is allowed only in designated areas or as directed by park or forestry staff. Violators may be towed at owner's expense.

I.b. Fires and Firearms.

1. In developed State Parks areas, fires are allowed only in fire rings, fireplaces or charcoal grills at designated picnic and camping areas. All fires must be attended and under control at all times.

2. No firecrackers or other explosive devices, firearms, air rifles or pistols, gas weapons, slingshots, crossbows, bow and arrows except by special permit shall be discharged in any developed recreation area during the park operating season. No firearm shall be discharged within 500 feet of any occupied building or structure in any park or recreation area.

I.c. Pets.

1. Visitors may bring domesticated or trained animals to designated campgrounds and day use areas provided they are safely confined or securely restrained on a leash not longer than 10 feet at all times. No animals will be allowed in certain day-use areas including parking lots, beaches, pools, picnic areas and playgrounds. EXCEPTION: Dogs/animals to assist people with disabilities and Police Canine Corps dogs are allowed in any public area of the park, if under leash or harness control of an owner or handler.

2. Pet owners are required to repair damage caused by their animals including digging and defecation in developed areas.

II. CAMPING AND OTHER OVERNIGHT LODGING

(Applies only to State Parks, except where noted)

1. Camping is allowed only on designated sites. Off season camping is available only by permission of parks regional managers.

2. All campers and campground visitors are required to register with the park staff.

3. Not more than eight people, regardless of age, may occupy one campsite. In the interest of protecting the natural resources of the park, the limit at some campsites may be lower.

4. Visitors to campers must register with the park staff before entering the campground and must pay the regular day use fee. Day visitor hours in the campground are 10:00 a.m. to 9:00 p.m. The total number of day visitors per site may be limited at the discretion of the park manager.

5. The designated head of the camping party staying overnight on the site must be at least 18 years of age and is responsible for the conduct of all campers and visitors on the site.

6. No part of any sleeping unit or vehicles on the campsite may be placed outside the cleared area designated as the site. The maximum number of vehicles allowed per site, including self-propelled sleeping units, shall be two. Other vehicles shall be parked in areas designated by park manager.

7. Campsites shall be kept in a neat and clean condition at all times.

Dishwashing is allowed only at individual campsites or areas specifically designated as dishwashing areas.

Gray water and other direct discharges on the ground from camping vehicles and trailers are not permitted. Holding tanks or other appropriate containers must be emptied at the campground "sanitary dump station" or other suitable facility.

10. Quiet hours are between the hours of 10:00 p.m. and 7:00 a.m. except in areas otherwise designated by the Commissioner of Forests, Parks and Recreation. Visitors who violate quiet hours may be evicted from the camping area and may forfeit their fees and reservation. Reasonable quiet must be maintained at all times in both camping and day use areas. Sound that is audible on adjacent occupied campsites may be prohibited at the discretion of the park staff.

11. Generators and rechargers may be used only in areas and/or at times designated by the park manager. They may not be operated during quiet hours.

Camping in designated overflow areas will be limited to one night per camping party.

13. The park manager, with the approval of the parks regional manager, may designate a storage area during the summer season for camping trailers, boat trailers, R.V.'s or other similar equipment and vehicles of hikers, bicyclists or paddlers. A fee shall be charged. The State is not liable for theft or damage to equipment stored in these areas. All equipment and vehicles shall be removed from the storage area no later than the seasonal closing date of the park.

II.a. Reservations and Site Occupancy.

1. Reservation requests shall be confirmed only when accompanied by payment of full camping and reservation fees. Payment must be received within two weeks of making the reservation if there is sufficient time to do so. For reservations made within two weeks of arrival, payment is due at time of reservation.

2. The minimum reservation period for campsites and cabins is either four (4) or two (2) consecutive nights as determined by the Commissioner of Forests, Parks and Recreation. This determination shall be based on use patterns for particular parks in an effort to maximize occupancy.

a. Exceptions:

(i) Campers hiking or using bicycles or paddle craft as their mode of travel or their tour agents, may make a one night reservation in developed campgrounds. Such reservations will not be for specific sites.

(ii) Campers traveling as touring groups intending to stay at multiple campgrounds during their trip may make one night reservations for individual park stays.

(iii) There will be no minimum reservation period for camping groups in group camping areas or in other campgrounds before June 15 and after Labor Day, except over Memorial Day weekend.

(iv) There will be no minimum reservation period for Green River Reservoir State Park., Molly's Falls State.

3. The minimum reservation requirement for cottages shall be set by the Commissioner of Forests, Parks & Recreation based on individual cottage characteristics, use and occupancy pattern. Reservations may be made up to 11 months in advance.

4. Check out time is 11:00 a.m. at which time the site must be vacated. Check in time is 2:00 p.m. If the site is reserved for the succeeding night and the party has not re-registered by check out time or declared their intent to reregister, the park manager, at their discretion and in the presence of two witnesses, not employees of the State Parks Division, may inventory and remove gear from the site.

The maximum stay on any campsite shall be up to 21 consecutive nights unless adjusted by the Commissioner of Forests, Parks and Recreation to improve occupancy. A camper occupying a campsite for the maximum stay shall vacate the campsite and may not occupy that site or any other site in that campground for a period of at least seven days.

5. The period of occupancy, reservation period, duration and number of reservations per season for a campsite or lean-to may be adjusted at the discretion of the Commissioner of Forests, Parks and Recreation for the purpose of improving the occupancy rate or protection of the natural resource.

II.b. Group Camping.

1. The definition of a camping group shall be 8 or more people regardless of age.

2. In addition to those areas specifically designated for group camping, prior to June 15 and after Labor Day, group camping may be accommodated in any camping area in the park system on a space available basis except over Memorial Day weekend.

II.c. Remote Camping.

1. Remote camping areas are located throughout a large forest complex, island or shoreline. They differ from "primitive camping" areas because the location is specific and may include pit toilets, fireplaces, lean-tos and/or tables.

2. Woods and Knight Islands, Waterbury Reservoir shoreline, Molly's Falls shoreline, Groton, Coolidge, Victory and Darling State Forests CCC campsites, and portions of Kingsland Bay and Jamaica State Parks are designated as remote areas. The Commissioner of Forests, Parks and Recreation has the authority to designate or remove designation of remote areas on Department lands.

Remote camping is only by reservation or permit and payment of fee.

4. The maximum stay per camper at any remote area is seven consecutive nights.

5. Regulations in remote areas shall be the same as for camping in developed areas.

II.d. Horse Camping.

Note: The following rules apply to overnight use of certain state park campgrounds at which horse camping is permitted during the operating season.

1. Proof of current (within one year) negative Coggins test is required prior to entry into the campground.

2. Horses may be used only on marked bridle trails, parks or forests roads, or other areas designated for equine use. Horses are not allowed on nature trails, or in day use or campground areas not designated for equine use.

3. The maximum number of horses allowed at each campsite is two (2).

4. Horses shall be securely restrained in paddocks, at hitch rails, high lines with tree saver straps, or tied to a trailer at the campsite when not being used.

5. Bathing of horses is only allowed at designated bathing areas.

6. Owners are responsible for all accidents or any damage caused by their animals on state lands.

7. The park manager may require horse owners remove their animal from the park, if determined that the horse poses an unreasonable threat to park visitors, or other horses.

8. Galloping of horses is prohibited in developed areas.

9. Horses shall be watered only at designated areas or by tubs or buckets filled from the park water supply.

10. Owners are responsible for cleaning up the manure and placing in the designated area.

11. Horses shall not be left unattended at any time. Owners may be asked to leave without a refund for leaving unattended horses.

II.e. Fees and Charges.

Camping and Other Overnight Lodging

1. The base rate for a tent, lean-to, cabin or remote site permits up to four (4) people. An additional fee shall be charged for each additional camper beyond four. (see for definitions)

2. There is no charge for children three years and under for camping.

Fees for camping at any campground or designated remote sites shall be as follows, but the Commissioner of Forests, Parks and Recreation may adjust fees downward at his or her discretion to improve occupancy as necessary.

Prime Tent or Trailer Site:

Vermont Residents = $ 22.00 per night; extra person $ 5.00 per night.

Non-Vermont Residents = $ 30.00 per night; extra person, $ 5.00 per night Standard Lean-to Site:

Vermont Residents = $ 30.00 per night including VT Meals and Rooms Tax; extra person,

$ 5.00 per night including VT Meals and Rooms Tax.

Non-Vermont Residents = $ 38.00 per night including VT Meals and Rooms tax; extra person, $ 5.00 per night including VT Meals and Rooms Tax. Prime Lean-to Site:

Vermont Residents = $ 32.00 per night including VT Meals and Rooms Tax; extra person,

$ 5.00 per night including VT Meals and Rooms Tax;

Non-Vermont Residents = $ 40.00 per night including VT Meals and Rooms Tax; extra person, $ 5.00 per night including VT Meals and Rooms Tax. Burton Island State Park waterfront lean-to sites:

Vermont Residents = $ 40.00 per night including VT Meals and Rooms Tax; extra person,

$ 5.00 per night including VT Meals and Rooms Tax.

Non-Vermont Residents = $ 50.00 per night including VT Meals and Rooms Tax; extra person, $ 5.00 per night including VT Meals and Rooms Tax.

4. GROUP CAMPING - In group camping areas = $ 6.00/per person/per night regardless of age, tent site or lean-to.

Group camping in non-group campgrounds shall be per site rates as established in Section II.e.3

5. CABINS, COTTAGES, RESIDENTIAL RENTALS

a. Cabins are semi-furnished, enclosed structures in a camping area used for overnight lodging during the park season on a nightly basis. The per night charge for cabins will be based on the comparable market rate for the region of the state.

b. Cottages are furnished lodging units available for weekly rental during the park season. Rental rate for cottages shall be based on the comparable market rate for the region of the state.

c. Residential rentals are park staff quarters made available for rental during the off season (generally the first of November to the first of April). Rental rates for residential rentals will be based on the comparable market rate for the region of the state.

6. MISCELLANEOUS CHARGES

a. Mt. Mansfield Stone Hut = $ 300.00 including VT Meals and Rooms Tax, per group per night. $ 200.00 security deposit is required in advance and is refundable if Hut is left in acceptable condition. Maximum reservation is for five consecutive nights.

b. Sanitary Dump Station = There is no charge for dumping camping vehicle holding tanks for campers registered in the campground. All other RVs up to 30 feet in length = $ 15 per dump or pump out. RVs over 30 feet in length and buses = $ 30 per dump or pump out.

c. Vehicle/Equipment Storage = The fee by the week, or any part thereof, shall equal the tent or trailer site fee for one night paid in advance. The fee for vehicles of hikers, bicyclists, and paddlers shall equal one adult day use fee for each calendar day or part thereof.

d. Reservation fee = $ 8.00 per campsite, cabin, cottage, or group reservation.

e. Pet fee = $ 2.00 per night for all overnight camping accommodations where pets are permitted. Horse fee = $ 5.00 per night for all overnight camping accommodations where horses are permitted.

III. DAY ACTIVITIES

(Applies only to State Parks)

1. State Park day use areas are open to the public during the operating season from 10:00 a.m. to official sunset but no later than 9:00 p.m. unless by special arrangement.

2. Registered campers can use day use areas at no charge. A camper receipt allows the holders to use day use areas until normal closing hour on the scheduled day of check out.

3. The day use punch card entitles entrance to a day use area at the rate of one punch per person. No refunds or replacements will be issued for destroyed or lost punch cards.

4. The annual vehicle pass entitles vehicle assigned to the pass and its occupant's entrance at all State Parks for day use activities. Each vehicle pass allows up to eight people in legal seats to enter per day. In areas accessible by water, vehicle passes may be used on boats.

a. Replacement for vehicle passes on traded, sold or damaged vehicles may be applied for by presenting to the State Parks headquarters office, or at the park where purchased during the park season, a written statement accompanied by as much of the vehicle pass which is identifiable, including, at least, the serial number.

b. Under extenuating circumstances, upon the recommendation of the parks regional manager, the Director of State Parks may permit the temporary use of the purchaser's receipt in lieu of the vehicle pass.

5. The annual individual season pass entitles holder to enter all State Parks for day use activities.

a. Damaged individual passes may be replaced upon presentation of as much of the pass as possible, including, at least, the serial number.

6. Recreation programs organized by cities or towns, including swimming instruction programs, shall be admitted under a special group rate by advance arrangement.

7. Day use visitors shall remove their own refuse from the park except as follows: caterers or organizers of group day use activities shall make their own refuse removal arrangements or pay a supplemental disposal fee, at the going market rate, for access to park disposal facilities where available. In some areas, park visitors may pay a fee to leave refuse at "carry in/carry out" parks.

III.a. Fees and Charges Day Activities.

1. Day Use Daily Fee

a. Day use fee per person, 14 years and older = $ 5.00.

b. Day use fee per person, 4 years through 13 years = $ 2.00.

c. No charge for persons 3 years old and younger.

2. Special Group Day Use

a. Municipal Recreation Groups

1 - 25 persons including staff and drivers = $ 250.00 per month.

Each additional group of 25 persons or parts thereof, additional $ 250.00 per month

b. Other Group Day Use (more than 25 people) = $ 3.00 per person when paid in one lump sum. If group members wish to pay individually, they will be subject to the regular day use fees.

3. School groups of grades K-12 on field trips = $.50 per person during the regular school year.

4. Season Passes

a. Vehicle pass = $ 90.00 per season. Additional vehicles registered to the same person(s) or other household members = $ 50.00.

b. Individual pass = $ 30 per season.

c. Organization Vehicle Pass = $ 180.00 for up to 17 persons in one vehicle. Timeline for implementation this pass is determined by the Commissioner of Forests, Parks & Recreation.

5. Day use punch card = $ 30.00 for ten visits.

6. Day Use Shelters

a. Shelters may be reserved for up to 11 months in advance of the date of the activity to take place in the shelter.

b. Button Bay Shelter = $ 200.00 full shelter rental fee plus regular per person day use fee. Mt. Philo Shelter = $ 200.00 Monday - Friday full shelter rental fee plus regular per person day use fee. = $ 300.00 Saturday & Sunday full shelter rental fee plus regular per person day use fee.

Branbury East and West Shelter = $ 50.00 rental fee plus regular per person day use fee.

Camp Plymouth Dining Hall = $ 300.00 rental fee plus regular per person day use fee.

Kingsland Bay Dining Hall = $ 2,500.00 Friday - Sunday (package includes day use admission, use of Theatre Building and Hawley House. $ 900.00 Monday - Thursday (includes regular per person day use fee but does not include Theater Building or Hawley House).

Kingsland Bay Theater Building or Hawley House = $ 150.00 (each) Monday- Thursday (includes regular per person day use fee).

Elmore Beach House (function room only) = $ 200.00 (including regular per person day use fee)

Kill Kare Hotel Building (including west function room, porch, lawn area and picnic shelter) = $ 1,200.00 (including regular per person day use fee)

Kill Kare Hotel Building (west function room only) = $ 300.00 (including regular per person day use fee)

All other shelters = $ 125.00 rental fee plus regular per person day use fee.

Note: All above shelter fees include a $ 25.00 non-refundable reservation fee.

c. Group use cleaning deposit (may be refundable) = $ 100.00 at all parks except Kingsland Bay Dining Hall and Kill Kare Hotel Building, which have different fee structures.

d. Canopy tents = Fees will be set to cover the cost of providing the service and will be competitive with rates charged for similar services in the area.

7. Rental Vessels

a. Canoes, rowboats and single kayaks with paddles and personal flotation devices = $ 10.00 per hour plus VT Sales Tax. Extended period fee = $ 30.00 for half day and $ 40.00 for full day plus VT Sales Tax.

b. Tandem kayaks with paddles and personal flotation devices = $ 12.00 per hour plus VT Sales Tax. Extended period fee = $ 32.00 for half day and $ 50.00 for full day plus VT Sales Tax.

c. Pedal boats with personal flotation devices = $ 7.00 per half hour plus VT Sales Tax. No extended period fee.

d. Standup paddle boards with paddle and personal flotation device = $ 20.00 per half hour plus VT Sales Tax.

e. Minimum rental is one hour for boats, canoes, and kayaks and half hour for pedal boats and standup paddle boards.

8. Charge for rubbish removal = $ 3.00 per bag for shelter group users unless otherwise included in rental fee; $ 1.00 per bag for other day visitors where service is available.

9. The Commissioner of Forests, Parks and Recreation may establish "deposits" for certain services. The deposit shall be administered directly by the park manager or their official designee, according to department procedures.

10. The Commissioner of Forests, Parks and Recreation may waive the day use fee and reservation fee for use of a picnic shelter or similar facility to host a meeting of any organization of which the Department of Forests, Parks and Recreation is an official bona fide member or sponsor.

11. Refunds will be granted on day use admission fees only for unusual circumstances approved by the Commissioner of Forests, Parks and Recreation.

IV. BURTON ISLAND STATE PARK

1. Transient dock slips shall be assigned by the Park Manager or Dockmaster. All vessels must check-in and receive a slip assignment before proceeding to their slip.

2. Slip assignments are not final until the vessel is officially checked-in at the contact station. Park staff reserve the right to change slip assignments at any time due to weather, lake level, or to maximize marina occupancy.

3. The Commissioner of Forests, Parks and Recreation may designate certain slips as day-use only slips from 9AM until 5PM. Transient day-use slips are first come, first serve until 5pm, after which, they will be converted to overnight slips.

4. There is no minimum reservation requirement for marina slips.

5.. Moorings are assigned on a first come, first served basis. There are no reservations for mooring space.

6. A portion of the dockage space may be reserved if so designated by the Commissioner of Forests, Parks and Recreation. Except as modified herein, all appropriate provisions of Section II.a. apply for dock reservations as well. All boats less than 36 feet in length shall be assigned a finger dock until all finger docks are full. After that point, any longside docking remaining shall be allocated.

7. Registered campers with boats up to 16 feet in length may use a marina slip for no additional fee. Campers with boats greater than 16 feet but less than 25 feet will be assessed at the current marina rate for each foot in length more than 16 feet. Boats greater than 26 feet in length, or boats with persons sleeping aboard overnight, will be assessed at the full marina rate.

8. Dockage does not include a continuous water hookup.

9. No refuse or drainage of any type shall be dumped in the marina area.

10. Charcoal grills or open fires are prohibited aboard boats or on docks.

11. All boats shall be operated at no greater than steerage speed in or about the marina.

12. Swimming is prohibited in the marina area.

IV.a. Fees and Charges.

Burton Island State Park

1. The marina day, for fee purposes, shall be 11:00 a.m. to 10:59 a.m.

2. Fees may be charged for mooring or anchoring inside an officially designated mooring or anchoring area adjacent to a State Park.

The mooring or anchoring area subject to fee at Burton Island shall be the area inside of a line extending from the northernmost tip of the island which is northwest of the breakwater to the "red nun" marking the small boat channel between the island and Kill Kare State Park.

3. Docking = $ 2.25 per foot per day or any part thereof.

4. Moorings or Anchorings = $ 1.0 per foot per day or any part thereof.

5. Seasonal Slips at Burton Island Marina =$ 65.00 per foot; 18-foot minimum vessel length; Each slip includes four Island Runner Season Passes and one Vehicle Pass; $ 100.00 per day penalty if boat is not removed by final day of operating season.

6. Passenger Ferry Service = Fees shall be set as appropriate by Commissioner of Forests, Parks & Recreation based on market value and reasonable cost recovery.

7. Passenger Ferry Day Excursions = fees shall be set as appropriate by the Commissioner of Forests, Parks and Recreation.

8. Electric hookups = $ 3.00 per day or any part thereof for 35 feet or under and $ 4.00 per day or any part thereof for longer than 35 feet.

9. Boat sanitary pump out station = Free for marina guests and $ 10.00 per pump out for non-guests.

10. Baggage handling fee to and from campsite = $ 10.00 each way.

V. SEYON LODGE STATE PARK

V.a. Concession.

1. All rules, regulations and fees may be modified in any concession license agreement.

V.b. Angling.

1. All anglers must hold a valid Vermont fishing license.

2. Fishing in Noyes Pond shall only be from rental boats or canoes provided by State Parks. Private car top boats or canoes as well as the use of outboard motors, including electric trolling motors is not allowed.

3. Only fly fishing with artificial flies is allowed. The flies shall be single hook only, and must be either barbless or the barb filed or crimped down. All equipment shall be subject to inspection.

4. To obtain optimum fishing, the number of boats and/or anglers allowed on Noyes Pond at any one time, shall be established by the Commissioner of Forests, Parks and Recreation upon the advice of the Department of Fish and Wildlife.

5. There is no limit to the number of fish hooked and released. Daily limit and size of trout that may be taken shall be established by the Fish and Wildlife Board according to 10 V.S.A. Section 4082-4083 after consultation with the Departments of Forests, Parks and Recreation, and Fish and Wildlife.

6. Fishing is permitted only between the hours of 6:00 a.m. and a half hour after official sunset. The fishing season is the same as that set by the Fish and Wildlife Board for trout fishing.

V.c. Reservations for Boats to Fly Fish.

1 Reservations for boats for fly fishing shall be accepted on a first-come, first-served basis at the park beginning the first day of the annual operating season. There is a maximum consecutive reservation period of two days.

V.d. Use Restrictions.

1. Fishing from the shore, swimming and wading in Noyes Pond and its tributaries is not allowed.

2. Camping is not allowed in the Seyon Lodge State Park area.

V.e. Lodge and Grounds Use.

1. Groups (a minimum of five people regardless of age) may reserve the entire lodge and/or grounds up to 11 months in advance by paying the designated fees within two weeks of first contact. Individuals renting less than the entire lodge may reserve up to 6 months from the start of the rental period.

2. Groups exceeding 50 people must have catered or potluck meals.

3. Guest or visitor pets will not be allowed in the lodge. In winter, pets are not allowed on groomed cross-country trails.

4. Arrivals after 8:00 p.m. for overnight lodging will not be accommodated unless prior arrangements have been made with the lodge staff.

5. Quiet hours are 11:00 p.m. to 7:00 a.m.

Check-out time for overnight guests is 11:00 a.m.

V.f. Fees and Charges.

Seyon Lodge State Park

1. All users, except anglers renting boats and those using or staying overnight at the lodge, shall pay the current park day use fee.

2. Seyon Lodge State Park Fees

a. Individual day use

Standard day use fees apply to all except those renting boats, and using or staying overnight at the lodge.

b. Boat rentals with oars and PFDs

$ 7.50=hour plus Vermont Sales Tax. Half day rate = $ 25.00. Full day rate = $ 40.00 plus Vermont Sales Tax.

c. Conference fees = $ 400.00 plus VT Meals and Rooms Tax for conference room only for up to 50 people and includes one "break" and coffee/tea for the entire day. $ 200.00 plus VT Meals and Rooms Tax, if appropriate, for 501(c)3 nonprofit groups for conference room only for up to 50 people and includes one "break" and coffee/tea for the entire day.

d. Wedding fees:

Small wedding up to 50 people = $ 500.00 including VT Meals and Rooms Tax. Large wedding 50 - 150 people = $ 1,500.00 including VT Meals and Rooms Tax.

Fee includes sole use of lodge and grounds for one day. Fee does not include any food or beverage service.

e. Overnight lodge fees:

Monday- Thursday nights = $ 750.00 including VT Meals and Rooms Tax per night for a group's sole use of the lodge and its indoor facilities for one night.

Friday- Sunday nights = $ 800.00 including VT Meals and Rooms Tax per night for a group's sole use of the lodge and its indoor facilities for one night.

Includes up to 16 overnight guests with a continental breakfast.

f. Per Room Rate = rates will be based on double occupancy according to the seasonal rates charged for similar services in the area. plus VT Meals and Rooms Tax. Additional individuals in a room will be charged an additional fee.

g. Meals = Fees for food service shall be set at rates that cover the costs of providing the service and are competitive with rates charged for similar services in the area.

h. Cleaning/damages = charges for unreasonable cleaning or repair will be assessed in accordance with methods/procedures used throughout the hospitality industry.

j. Service charge = a 15% service charge will be added to all fees associated with a group.

VI. GREEN RIVER RESERVOIR STATE PARK

VI.a. Individual Use.

1. The maximum individual campsite occupancy depends on the campsite but in no case is it greater than seven people regardless of age.

2. The maximum stay is seven consecutive nights.

3. Up to two vehicles permitted per campsite. There is a fee for additional vehicles.

VI.b. Group Use (8-12 People).

1. Groups shall camp on designated group campsites only.

2. The maximum group size is 12 people regardless of age.

3. Up to three (3) vehicles permitted per campsite. There is a fee for additional vehicles.

4. The maximum stay on a group campsite is 3 consecutive nights, not to exceed 9 nights total by the same party in the same operating season.

5. Groups shall obtain a Group Permit. Not more than 2 Group Permits will be issued for any calendar day. Not more than 10 group permits shall be issued to any group in any one operating season.

6. Fees:

Group (Day Use and Camping)

$ 25.00 Group Permit needed for each portion of a calendar day spent at park. Only two (2) group permits will be granted for each calendar day.

Group Campsite

a. $ 6.00 per person per night, minimum of eight persons = $ 48.00 per site.

b. $ 5.00 per additional vehicle.

VI.c. Commercial Activities.

1. Commercial or non-profit groups shall obtain a license prior to making reservations and/or using the park.

2. All commercial or non-profit groups (8-12 people) shall also be subject to Group Permit requirements.

3. No commercial or non-profit group activities will be allowed on weekends (Friday, Saturday, and Sunday).

VI.d. Reservations.

1. Reservations must be made at least two days prior to the beginning date of the reservation.

2. There is no minimum reservation period requirement.

VI.e. Pets.

1. During the operating season, visitors may bring domesticated or trained animals to designated campground areas provided they are safely confined or securely restrained on a leash not longer than ten feet.

VII. FEES AND CHARGES: GENERAL CONSIDERATIONS

(Applies only to State Parks)

1. Credit cards and personal checks (not including traveler's checks) will be accepted for only the exact dollar amount for services, rentals or merchandise.

2. Charges for merchandise such as firewood, T-shirts, hats, publications, etc. shall be priced to cover purchase and production costs and be competitive with comparable commercial sales.

3. A valid receipt or ticket must be shown for reentry to a park.

4. No service, rental, or merchandise will be rendered until non-sufficient fund checks previously passed are paid first in cash, postal or bank money order or certified check. A service charge of $ 25.00 will be due on all checks returned for non-sufficient funds.

Organized programs of the Vermont State Hospital, Vermont Veteran's Home, and Regional Correctional Centers shall be admitted free of charge upon advance written application to the Director of State Parks. The letter from the Director of State Parks will be the ticket for admission when shown to the park attendant. Foster children shall be admitted free to State Parks upon presentation of appropriate identification applied for through the Director of State Parks.

6. Individuals or organizations may volunteer their efforts for training, research or other supportive purposes on public service projects or activities which will improve any portion of a State Park or its facilities or programs, or conduct a program which will improve the health, safety, education or welfare of the general public. The Commissioner of Forests, Parks and Recreation may authorize such projects in writing, give credit for the contribution, at his/her discretion, waive or reduce any fees and permit redemption of the credit for day use or camping within one year of the contribution.

7. The Commissioner of Forests, Parks and Recreation is permitted to temporarily (not to exceed one season per project) adjust fees and charges at any area for the purposes of bona fide research or to handle an immediate need or concern.

8. The Commissioner of Forests, Parks and Recreation is permitted to develop State Park experimental services, vacation or special event packages and offer discounted rates for those services and packages to promote the park system and increase campground occupancy.

9. The Commissioner of Forests, Parks and Recreation may charge restitution to any person that:

a. does any damage to any State Park land, facility, structure, vegetation, earth materials or timber, or,

b. is the party registered with the State Park facility for use of such facility, when the registered party and/or any visitors or guests of the registered party does any damage to any State Park land, facility, structure, vegetation, earth materials or timber.

Restitution charged shall reflect as closely as possible the actual costs of replacement or repair of facility or structure, or value of vegetation or timber, based on current market value. This provision does not preclude the Department from seeking other penalties when warranted.

10. REFUNDS OR CREDIT

The Commissioner of Forests, Parks and Recreation shall establish policies and procedures for refunding fees and/or granting credit for future use.

XIII. COMMERCIAL ACTIVITIES

(Applies to all Department lands)

1. Soliciting, vending, sale or rental of goods, wares or services in any recreation area is not allowed except the goods and services provided by the State of Vermont, and concessionaires under contractual agreement with the State of Vermont. Other exceptions include special occasions or events such as, but not limited to, catering service for group picnics.

2. Anyone engaging in a commercial activity must obtain a special use permit or license All associated fees, certificates of liability insurance, and endorsed license or special use permit documents must be submitted prior to the beginning of operations. Commercial business groups are distinguished from non-profit by the qualification of non-profit groups to possess a 501 C-3 IRS tax exemption.

3. Definitions:

A license is a formal written authorization for certain longer-term activities that may allow the user some interest in the land but does not transfer contractual, vested or property rights. The proposed use will not permanently exclude all other public uses of the land.

A special use permit is a formal written authorization for short-term, low-impact use by individuals and groups, requiring no or only minimal development and no permanent structures. Granting of a special use permit will be considered after it has been determined that a proposed use of public land meets the following conditions:

It will not dominate or preclude all other public uses of the lands for periods of more than one week.

It is short-term (one year or less).

It does not in any way, due to the type, scale or nature of associated development, presume annual renewals. The proposed activity must be feasible without the necessity of repeated annual renewal. If it is not legitimately possible without the guarantee of annual renewal, a special use permit is inappropriate.

It will not involve a permanent structure of any permanent significant change to the land. Minimal timber cutting, skidding, landing, and hauling especially for temporary rights-of-way may be exempted from this constraint. Any permitted timber removal will be undertaken according to a cutting plan and stumpage payment approved by the Department.

Notwithstanding the above conditions, any event or short-term special use for which an open invitation to the general public is offered shall require a special use permit.

a. A special use permit or license is required for any activity proposed by a commercial or non-profit entity using Department lands that does not have a lease and the activity meets at least one of the following criteria:

1. is organized or publicized, or

2. involves a fee (charged to participants), or

3. alters a site or alters/removes natural resources, or

4. may conflict with other established, traditional uses.

b. There is a fee per area charge.

c. The terms are usually for one year or season for licenses and less than one year for special use permits.

4. License/Special Use Permit Fees:

Fees are charged to cover costs associated with administering special use permits and licenses, management and operational activities of staff for resource protection and visitor use, and to protect public resources for private use and gains.

Base Administration Fee: Minimum $ 50.00 for all special use permits and licenses except as noted below. Base administration fees are not assessed on an annual basis, but are assessed once for the duration of the license or special use permit.

Requests for a license or special use permit that must be expedited by staff to meet the short timeframe of the applicant may be assessed an additional 'premium' base fee of $ 50.00. Expedited requests for special use permits and licenses are those that are submitted to the Department less than 30 days prior to the start date of the requested activity.

Additional Fees:

a. Guided recreational activities and services (includes for profit, educational, and nonprofit trips). $ 50.00 base fee plus current state park day use or camping fee per person per day regardless of activity. If licensed activity occurs at a state park where a day use or camping fee is charged to the public, then licensee will not be assessed both this per person per day fee and the standard state park day use or camping fee. Guided hunting, fishing, and trapping activities on Department lands are not assessed any fees and do not generally require a license or special use permit. (Individuals participating in these activities must still obtain a hunting, fishing or trapping license from the Department of Fish and Wildlife.)

b. Recreational, Cultural, and Other Special Events (including weddings and family reunions). $ 50.00 base fee plus current state park day use fee for individuals or groups.

c. Agricultural Use. $ 50.00 base fee plus prevailing rate for agricultural lands for specific uses ($ per acre) as determined by the Department of Agriculture, Extension Service, or by other means, or fees may be waived for special circumstances (e.g., wildlife benefits from agricultural practices, keeping a field open to maintain a view, etc.)

d. Utility Right-of-Way $ 50.00 base fee plus $ 1.00 per linear foot for Electric Distribution Lines and Telephone Lines; $ 2.00 per linear foot for Fiber Optic Cable Lines and Transmission Lines; $ 3.00 per linear foot for Pipelines. Minimum fee of infrastructure on Department land such as guy wire(s), etc. $ 1,000.00 minimum fee for fiber optic lines, transmission lines and pipelines. Fees may be reduced or waived if the utility line services a Department facility $ 1,500.00 for utility cabinet sites (up to 20 feet by 20 feet). Utility license fees are based on a ten year license period. For utility projects whose scope and scale have the potential to significantly impact Department land, the Department in its discretion may decide to seek legislative authority to issue a long-term lease for a negotiated fee or to convey a permanent easement based on appraised value.

e. Time Trials/Mountain Roads. $ 50.00 base fee plus minimum $ 750.00 per day (e.g., $ 1500 fee for typical two-day reservation).

f. Temporary Rights-of-Way. $ 50.00 base fee plus bond amount sufficient to insure protection of Department resources.

g. Permit for sale of forest products from state land (brush, seedlings, other $ 50.00 base fee, plus a reasonable charge for product. Fees assessed for firewood cutting permits shall be a minimum of $ 10.00 per cord.

h. Housing Rentals. Market value rental rate for the area.

i. Concessionaires/Vendors. $ 50.00 base fee plus negotiated percentage of gross sales.

j. Research/Scientific. Base fee and other fees may be waived if final research results are provided to the Agency.

k. ATV Access to Designated ANR Lands by Disabled Persons. Fees are waived.

l. Training Activities - Civil and Military Fees may be waived by Commissioner of Forests, Parks and Recreation.

m. Commercial Photo Shoots, Advertisements, etc. $ 50.00 base fee plus negotiated fee depending on impact, duration, etc.

n. Primitive Camping. $ 50 base fee assessed for special use permit for group of 10 or more people.

5. In addition to the minimum fees noted herein, the total fee for any license or special use permit shall be an amount sufficient to reflect the cost of accommodating the activity. Consideration shall be given to commitment of necessary human and natural resources, displacement of other uses, clean up costs, etc.

6. The Commissioner of Forests, Parks and Recreation may waive or reduce any fees charged to licensees or permittees providing services to enhance the Department's efforts to manage its lands or for training, research or other supporting services or activities.

X. ENFORCEMENT AND ADMINISTRATION

(Applies to all Department lands)

1. A person who violates any rule may be asked to leave Department land. A person refusing to leave the property may be arrested and prosecuted under State trespass law.

2. A person who violates a rule or regulation prescribed under Section 2603(c) of Title 10 may be imprisoned not more than thirty days or fined not more than $ 50.00 or both. Such person shall be liable for all damages resulting from a violation to be recovered in a civil action under this statute by the person injured (Title 10, Section 2608, Vermont Statutes, Annotated, 1977).

3. The Department will provide the same services and recreational opportunities to all legitimate state lands visitors without regard to handicap, race, sex, color, national origin, religion, age, marital status, or sexual orientation.

4. In the event any of these Rules, or any portion thereof, is found by a court of competent jurisdiction to be illegal or void, the remainder thereof shall be deemed unaffected and shall continue in full force and effect.

History

• EFFECTIVE DATE:
• January 1, 1994 Secretary of State Rule Log # 93-89
• AMENDED:
• January 1, 1997 Secretary of State Rule Log # 96-82; January 1, 2000 Secretary of State Rule Log # 99-79; April 28, 2001 Secretary of State Rule Log # 01-21; February 18, 2002 Secretary of State Rule Log # 02-05; April 30, 2003 Secretary of State Rule Log # 03-11; May 21, 2004 Secretary of State Rule Log # 04-15; June 3, 2005 Secretary of State Rule Log # 05-14; April 1, 2006 Secretary of State Rule Log # 06-008; June 15, 2007 Secretary of State Rule Log #07-013; May 15, 2008 Secretary of State Rule Log #08-017; June 3, 2009 Secretary of State Rule Log #09-018; January 7, 2011 Secretary of State Rule Log #10-046; July 17, 2012 Secretary of State Rule Log #12-023; June 18, 2014 Secretary of State Rule Log #14-021; July 11, 2015 Secretary of State Rule Log #15-028; October 30, 2019 Secretary of State Rule Log #19-055; 8/24/2022 Secretary of State Rule Log #22-024
• STATUTORY AUTHORITY: 3 V.S.A. § 2583; 10 V.S.A. §§ 2603, 2606b

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 010 DEAD CREEK WILDLIFE MANAGEMENT AREA - TAKING MUSKRATS

12-010 Code Vt. R. 12-010-010-X DEAD CREEK WILDLIFE MANAGEMENT AREA - TAKING MUSKRATS

Pursuant to the provisions of 10 V.S.A. Section 4144(b), it is hereby ordered by the Fish and Wildlife Board that a person shall not take muskrats by shooting on certain lands and waters under control of the Fish and Wildlife Department, said lands and wates being described as:

1. The portion of the waters of Dead Creek, so-called, in the towns of Panton and Addison, in the County of Addison, beginning at the Stone Bridge Dike, so-called, in the town of Panton, and extending southerly to the Norton Town Road, so-called, in the town of Addison;

2. Tributaries and impoundments in tributaries within the above described protion of Dead Creek, so-called, and;

3. The adjoining lands posted with this Regulation.

History

• Effective Date: October 22, 1988 (SOS Rule Log #88-48)

Subagency 020 DEPARTMENT OF FORESTS, PARKS AND RECREATION

Chapter 011 TRAINING REQUIREMENTS FOR TOWN FOREST FIRE WARDENS AND DEPUTY TOWN FOREST FIRE WARDENS

12-011 Code Vt. R. 12-020-011-X TRAINING REQUIREMENTS FOR TOWN FOREST FIRE WARDENS AND DEPUTY TOWN FOREST FIRE WARDENS

ADOPTED RULE

Training Requirements for Town Forest Fire Wardens and Deputy Town Forest Fire Wardens

No prior specialized training is required for initial appointment of new wardens.

Following appointment each warden must participate in an individual orientation session. This initial training will be given by the Department of Forests, Parks and Recreation and will include an explanation of the job description, instructions on proper completion of all forms and fire reports, how to issue fire prevention tickets and other procedural matters. Instructions on the content and use of the fire warden manual will also be included.

During their term of office Town Forest Fire Wardens and Deputy Wardens must attend three out of five annual training meetings called by the Commissioner of the Department of Forests, Parks and Recreation.

A warden appointed to fill a vacancy must attend annual training meetings called by the Commissioner according to the following schedule:

| Number of Years Remaining in Term | Number of Meetings Where | | --- | --- | | Attendance is Required | | | 3-4 | 2 | | 1-2 | 1 |

If during any calendar year the Commissioner of the Department of Forests, Parks and Recreation does not call a training meeting then all wardens and deputy wardens will receive credit towards their requirement as if they had attended a training session.

A forest fire warden for an unorganized town or gore must attend three annual training meetings called by the Commissioner of the Department of Forests, Parks and Recreation within a five year period.

Compliance with these training requirements will be the basis for reappointment, or when appropriate, removal from office.

History

• Effective Date: August 27, 1990 (SOS Rule Log #90-35)

Subagency 004 NATURAL RESOURCES BOARD

Chapter 012 CLASSIFICATION OF AIRPORT AND A PORTION OF POND BROOK, WINOOSKI RIVER BASIN

12-012 Code Vt. R. 12-004-012-X CLASSIFICATION OF AIRPORT AND A PORTION OF POND BROOK, WINOOSKI RIVER BASIN

Action 1. That the waters of Airport Brook and that portion of Pond Brook below the Berlin Pond Dam, including all of the Lower Reservoir, in the Town of Berlin, shall be reclassified from Class A to Class B.

History

• Effective: 1/6/84 (83-90)

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 013 ICE FISHING

12-013 Code Vt. R. 12-010-013-X ICE FISHING

10VSA Appendix

Section 104 Ice fishing

(a) Fish may be taken through the ice with not more than two baited hooks or three artificial flies on each line. A person shall not operate more than eight lines, except on Lake Champlain where no more than fifteen lines may be operated, and except on Seymour and Little Averill Lakes, where not more than 4 lines may be operated.

(b) A person so fishing shall have immediate control over the lines while in operation at all times.

(c) While ice fishing a person may use not more than one lure per line in those waters listed as Closed Trout Waters. In waters that are not listed as Closed Trout Waters a person may so take fish by using not more than two such lures per line.

(d) The definitions of section 103 are applicable to this section.

History

• Effective Date: 01/05/91 Secretary of State Rule Log # 90-65
• AMENDED: 12/06/02 Secretary of State Rule Log # 02-47
• Statutory Authority: Statutory authority not provided.

Chapter 014 ANGLING, LEGAL METHODS OF TAKING FISH

12-014 Code Vt. R. 12-010-014-X ANGLING, LEGAL METHODS OF TAKING FISH

BOARD REGULATIONS

(1) SUBSECTION 103 ANGLING, LEGAL METHODS OF TAKING FISH

(a) DEFINITIONS

1. Baited Hook - A single shank hook with 1, 2 or 3 points which may be baited with natural or artificial bait or both.

2. Lure - A man made device designed to catch only 1 fish at a time, to include a spoon, plug, spinner, bait harness, tandem hook streamer or lead head jig.

3. Fly - A single pointed hook dressed with feathers, hair, thread, tinsel, or any similar material wound on or about the hook to which no hooks, spinners, spoons, or similar devices have been added.

4. Immediate Control - Such constant control as would enable the fisherman to respond forthwith to a fish taking their bait, lure or fly promptly and without any delay.

10 VSA Appendix

Section 103 Angling, legal methods of taking fish

(b) Whether still fishing, casting, or trolling in closed trout waters, a person may take fish only by using not more than two lines over which he or she has immediate control and to each of which lines is attached not more than one baited hook, or more than three artificial flies, or more than one lure with or without bait, except that at Seymour Lake and Little Averill Lake a person may take fish only by using not more than one line. It is provided, however, that in waters that are not closed trout waters a person may so take fish by using not more than two lines with not more than 2 baited hooks, 2 lures or 3 flies on each line.

A person fishing by angling shall not take fish through the ice, from the ice, or from an object supported by the ice.

(c) A person shall not take any fish pursuant to subsection (b) unless it is hooked in the mouth. Any fish taken under subsection (b) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. Subsection 4602. A fish hooked in any other part of the body with a hook or hooks manipulated in such a manner as to pierce and hook the fish other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.

(2) FILLETING FISH

No species of fish that has a length limit restriction shall be filleted or altered to restrict the determination of length while on any body of water, except as follows:

If fish are to be consumed or filleted on the water, the fillets may be removed, but the head, vertebrae, and tail must be retained and remain intact to determine legal length.

90-63 EFFECTIVE: 01/05/91

History

• Effective Date: 01/05/91 Secretary of State Rule Log # 90-63
• AMENDED: 12/06/02 Secretary of State Rule Log # 02-46
• Statutory Authority: Statutory authority not provided.

Subagency 004 NATURAL RESOURCES BOARD

Chapter 015 BOAT MOORING REGULATIONS

12-015 Code Vt. R. 12-004-015-X BOAT MOORING REGULATIONS

Rule No.1 Definitions

For the purpose of these regulations the terms defined in this section have the following meanings ascribed to them:

a. "Anchoring" shall mean to secure a boat within a Mooring Management Zone by use of an anchor for a period not exceeding 72 hours. Boats anchored within a Mooring Management Zone for a period exceeding 72 hours shall be considered to be moored.

b. "Board" shall mean the Vermont Water Resources Board.

c. "Boat" means every description of watercraft used or capable of being used as a means of transportation on water including but not limited to amphibian or pontoon aircraft.

d. "Colonial Method" shall mean drawing a base line between the two corners of any shoreline property where they meet the shore as defined by the ordinary highwater level. From these two corners extend parallel lines at a 90 degree angle from the base line. Where the extension of such lines by contiguous property owners encompass the same area, it shall be divided by a line bisecting the area of such overlap. On Lake Champlain, the ordinary highwater level shall be 98.0 feet above mean sea level.

e. "Marina" shall mean any facility or property used for the purpose of providing access to public waters including parking facilities or other services for five or more moorings, whether or not a full range of services and facilities is provided for value which may consist of a fee, contribution, donation, barter or other consideration.

f. "Moor" and "Mooring" shall mean to secure a boat other than by anchoring as defined above to any floating object, structure or other device located beyond the shoreline of any navigable body of water. For purposes of these regulations, where two or more boats are secured to the same floating object, structure or other device, each boat shall be considered a separate mooring.

g. "Mooring Management Zone" shall mean clearly delineated areas of Lake Champlain and its tributaries within which the Water Resources Board has determined that the placement of moorings requires regulation in the public interest.

h. "Person" shall mean an individual, partnership, corporation, association, unincorporated organization, trust or other legal or commercial entity, including a joint venture or affiliated ownership. The word "Person" also means a municipality or state agency.

Rule No.2 Marinas

Within 90 days of the effective date of these regulations, and annually thereafter, the owner or operator of all marinas as defined by rule 1(e) above located on Lake Champlain or its navigable tributaries shall provide in writing, on forms made available by the Board, the following information:

a. Name and mailing address of the owner and operator of the marina.

b. A map showing the location of the marina.

c. The number of boats moored as of July 1st.

d. Such additional information as the Board may require.

Rule No.3 Designation of Mooring Management Zones

a. General

In accordance with the provisions of 10 V.S.A., section 1424, the Board may designate areas of Lake Champlain or its navigable tributaries within which the mooring of boats shall be regulated in accordance with the provisions set forth below.

b. Petitions - Who can file

Upon receipt of a petition filed in accordance with the provisions of this rule (see c below) by not less than 10 freemen or an organization with not less than 25 members or the legislative body of a municipality, or upon its own motion, the Board shall hold a public hearing to consider the designation of a Mooring Management Zone.

c. Petitions - Form

Petitions to establish a new Mooring Management Zone or to change the configuration of an existing Mooring Management Zone shall include the following information:

(1) A verbal description, including distances, compass bearings, and references to readily identifiable landmarks of the area for which Mooring Management Zone designation is sought.

(2) One copy of the appropriate U.S. Lake Survey Chart showing the boundaries of the proposed Mooring Management Zone.

(3) One copy, if applicable, of an adopted or proposed municipal bylaw providing for local administration of the Water Resources Board's boat mooring regulations (see rule 4).

(4) A description of any areas within the proposed Mooring Management Zone from which boat moorings should be excluded or otherwise restricted by Board Order.

(5) A description of any other uses of the public waters within the Mooring Management Zone, for which the regulation by the Water Resources Board is sought.

d. Hearings and Public Notice

A public hearing to consider the designation of a Mooring Management Zone shall be held at a location convenient to the waters affected following not less than 15 days public notice. Public notice shall be provided by publication of a legal notice in a newspaper generally circulating the area affected and by mailing a copy of the legal notice to the Town Clerk, Town Board of Selectmen, Town Planning Commission and Regional Planning Commission adjacent to the waters affected and to the Secretary of the Agency of Environmental Conservation.

e. Mooring Management Zone - Criteria

In considering whether to establish or modify a Mooring Management Zone, the Board shall determine whether or not such action is in the public interest and shall consider the following criteria:

(1) The size, flow and depth of the waters affected.

(2) The predominant use of the adjacent lands and shoreline.

(3) The predominant use of the waters prior to regulation.

(4) The uses for which the water or the lands lying thereunder are adaptable.

(5) The scenic beauty and recreational uses of the area.

(6) The need for protection of fish and wildlife habitat and rare or irreplaceable natural areas.

(7) The provisions of any and all applicable and duly adopted municipal shoreland ordinances, municipal plans or regional plans.

f. Orders Establishing Mooring Management Zones

Upon an affirmative determination by the Board that the establishment or modification of a Mooring Management Zone is in the public interest, it shall promulgate a rule which provides for the following:

(1) Delineation of the boundaries of the Mooring Management Zone.

(2) Delineation of the areas in the Mooring Management Zone within which boat moorings are to be restricted or prohibited.

(3) Those uses, if any, within the designated Mooring Management Zone other than the mooring of boats which shall be subject to regulation.

(4) Such other provisions as the Board deems to be in the public interest.

g. Changes to Mooring Management Zones

Any changes to the boundaries of an existing Mooring Management Zone shall be subject to the notice requirements set forth in rule 3(d) above. A public hearing on such changes may be held by the Board on its own motion and shall be required if requested within the notice period by a petition signed by 10 freemen, the legislative body of a municipality or by an organization with 25 or more members.

Rule No.4 Delegation of Authority

a. General

In accordance with the provisions of 10 V.S.A., section 1424(f), the Board may delegate its authority to regulate the mooring of boats within a designated Mooring Management Zone to one or more municipalities located adjacent to the public waters affected.

b. Petitions - Who can file

Upon receipt of a petition filed in accordance with the provisions of rule 4(c) below by the legislative body of one or more municipalities located adjacent to any proposed or designated Mooring Management Zone, the Board shall hold a public hearing to consider whether to delegate its authority to regulate the mooring of boats under the provisions of 10 V.S.A., section 1424(f).

c. Petitions - Form

Petitions for a delegation of authority shall include the following:

(1) A written request from the legislative body of the municipality or municipalities seeking such a delegation of authority within a specified Mooring Management Zone existing or proposed.

(2) A copy of the proposed or adopted bylaw by which the municipality proposes to regulate the establishment of boat moorings.

(3) A written narrative summarizing the problems which the municipality seeks to address by its petition.

(4) One copy of all applicable and duly adopted municipal or regional plans, municipal shoreland ordinances and other municipal bylaws or ordinances.

(5) Such other information as the Water Resources Board may require.

d. Hearings and Public Notice

Notice of a public hearing to consider a petition for the delegation of Board authority to one or more municipalities located adjacent to any designated or proposed Mooring Management Zone shall be provided in accordance with rule 3(d). At its discretion, the Board may jointly consider petitions for the designation of Mooring Management Zones and for the delegation of its authority to regulate the mooring of boats within such waters.

e. Delegation of Authority - Criteria

In considering whether to delegate its authority within any proposed or existing Mooring Management Zone, the Water Resources Board shall consider whether or not such delegation of its authority is in the public interest and shall consider:

(1) The adequacy of the proposed municipal bylaw or ordinance to effectively and equitably regulate the mooring of boats within a designated Mooring Management Zone.

(2) The effect of the proposed municipal bylaw or ordinance on the conservation of the surface of public waters for other public uses.

(3) Consistency of the proposed municipal bylaw with any duly adopted municipal shoreland zoning ordinance, municipal, regional or state plan.

Rule No.5 Local Administration

a. Local Bylaws or Ordinances

Municipalities seeking a delegation of authority from the Water Resources Board under the provisions of 10 V.S.A., section 1424(f) must enact a bylaw or ordinance in accordance with the applicable provisions of 24 V.S.A., Chapter 59. Such bylaws or ordinances may provide for:

(1) Different classes of applicants.

(2) Mooring equipment specifications and standards.

(3) Collection of fees necessary to defray municipal expenses for the administration of bylaws.

(4) Any other provisions which are consistent with these regulations and applicable Vermont statutes.

b. Required Provisions

Local bylaws or ordinances providing for the regulation of the establishment of boat mooring facilities under delegation of authority by the Water Resources Board must be adopted in conformance with 24 V.S.A., Chapter 59 an [and] must provide for the following:

(1) Enforcement provisions including penalties for violations and designating the municipal official or body which shall routinely administer and enforce the bylaw or ordinance.

(2) A procedure for appeal from the action of the municipal official, board or commission charged with the routine administration and enforcement of the bylaw.

(3) The appeal of any final decision of the municipality to the Water Resources Board.

(4) A detailed description of the application deadlines, public notice requirements and the administrative procedure by which applications will be considered including specific time frames within which various actions must occur.

(5) A detailed description of classes of applicants, information required from prospective applicants, criteria by which applications will be reviewed, the duration of permits issued for specified activities.

c. Bylaw Amendments

The local legislative body may amend its bylaws from time to time provided that such amendments are in accordance with the provisions of 29 V.S.A., Chapter 59 and that:

(1) New Powers

Where a municipality seeks to alter the boundaries of a Mooring Management Zone or the activities which are regulated, it shall file such a request with the Water Resources Board.

(2) New Procedures

Where a municipality seeks to amend its bylaws solely to alter local administrative procedures, it shall file a copy of proposed amendments with the Water Resources Board and such other parties as the Board may direct. The Board shall have 30 days within which to object to the proposed amendments or to schedule a hearing to receive public comment. Such action shall stay the effectiveness of any such bylaw amendment.

Adopted this 25th day of August, 1980.

VERMONT WATER RESOURCES BOARD

[See graphic or tabular material in printed version]

COLONIAL METHOD

Draw a base line from the two points where shoreline property boundry lines intersect the shore as defined by the mean high water level.

2. From these two points extend parallel lines perpendicular to the base line.

3. Where the extension of such lines encompass the same area, this shall be equally divided by an angle bisecting the area overlap.

History

• Effective: 9/3/80

Chapter 016 GOVERNING SURFACE LEVELS OF LAKES AND PONDS WHICH ARE PUBLIC WATERS OF VERMONT 10 V.S.A. section 905(2)

12-016 Code Vt. R. 12-004-016-X GOVERNING SURFACE LEVELS OF LAKES AND PONDS WHICH ARE PUBLIC WATERS OF VERMONT 10 V.S.A. section 905(2)

| LAKE OR POND Town/County Date Adopted | SURFACE LEVELS ESTABLISHED Dates - Elevation (datum) | REMARKS | | --- | --- | --- | | LAKE BOMOSEEN Castleton/Rutland September 7, 1982 Effective: May 5, 1983 | All year: Maintain at gage zero (0) plus or minus three (3) inches, with the desired level on the plus side in the summer. | Dam Owner: VT DEC Operated by: Town of Castleton Regulating Works: 2- spillways with stop logs; 2- gates (1 motorized) Gage 'zero': 0" 409.9' m.s.l. spillway crest | | BURR POND Sudbury/Rutland July 26, 1965 Rev. November 17, 1980 | All year: 498.0' (local datum) 5 Year Drawdown* Commence no earlier than September 15. Replacement of stop logs no later than October 15. Secretary of ANR to receive minimum of two weeks notice and written authorization from Owner of dam if by Agent. | Dam Owner: Amy Shornstein Operated by: Owner Datum: 498.0' =spillway crest Regulating Works: Stop log section-sill elev. = 496.0' 5 Year Drawdown: No more frequently than once in any consecutive 5 year period except may be lowered to the extent necessary to allow for alterations or repairs to the dam. | | LAKE CARMI Franklin/Franklin November 25, 1964 July 2, 1970 | June 1 - Sept. 15: 435.48'(m.s.l.) Sept. 15 - June 1: 433.69' | Dam Owner: VT DEC Operated by: VT DEC Datum: 435.00' m.s.l. = spillway crest Regulating Works: Stop log section (double column). Top elev. = 436.50' (crest of dam) Sill elev. = 431.00' | | COLES POND Walden/Caledonia August 7, 1962 | All year: 2191.85' (m.s.l.) | Dam Owner: VT DFW Operated by: VT DFW Datum: 2191.85' m.s.l. = spillway crest Regulating Works: Unregulated spillway (fixed crest weir). Two small drains (capped) Bench Mark: [] metal peg, set in concrete a large outcrop near the outlet: elev. = 2194.65' m.s.l. | | CRYSTAL LAKE Barton/Orleans July 14, 1966 January 31, 1967 | All year: 944.82' (m.s.l.) Special Water Rights* E.M. Brown & Son, Inc. may draw the lake down no lower than 943.82' for water power use. | Dam Owner: VT DEC Operated by: VT DEC Datum: 944.82' m.s.l. = low flow crest of spillway Regulating Works: Unregulated stepped spillway; One gate (hand operated) Special Water Rights: Non transferable. Terminates should Brown no longer make use of water power. | | LAKE EDEN Eden/Lamoille February 6, 1959 | June 1 - Sept. 15 maintain substantially at 14" below spillway crest. Remainder of year may be manipulated for fisheries purposes after written notification by DFW to Water Resources Board | Dam Owner: VT DFW Operated by: VT DFW Datum: Spillway crest Regulating Works: Stop log section (4' deep) double section Manipulation: WRB notified by DFW on 3/2/60 that it will manipulate water level each spring to control perch reproduction | | GREAT HOSMER POND Craftsbury/Orleans March 29, 1954 | No Rules Adopted Trial period ordered by WRB in 1954. Water level to be allowed to fluctuate naturally with top of stop logs set at 1.1' below East abutment of dam. (1.5' below West abutment). No end to trial period stated. Practice has been to try to keep water level at -1.1' since 1954. | Dam Owner: VT DEC Operated by: VT DEC Datum: East abutment of dam Regulating Works: Stop logs; Trial period stop log elevation noted in R.W. Thieme's letter to Fenton Chester 10/20/64. Not given in WRB's Findings of Fact dated 3/29/54. | | LAKE GROTON Groton/Caledonia December 16, 1965- Rev. 10/10/78 Rev. 03/14/85 | All year: $(077.0' (m.s.l.)$) Temporary Drawdown May be annual temporary lowering of water level as much as 10"; must occur during the month of November-also, may be lowered to the extent necessary to allow for maintenance of the dam. Drawdowns must be approved and under the supervision of ANR or his/her designee. 5 Year Drawdown 10 cfs refill calendar year 0 + 5 2nd Tuesday after Labor Day, 3' drawdown; 21 days later start refill to normal winter level, 10 cfs min. | Dam Owner: VT DEC Operated by: VT DEC Datum: 1077.1' m.s.l. = spillway crest. Regulating Works: Stop logs (double column). Sill elevation = 1072.0' m.s. | | HARVEYS LAKE Barnet/Caledonia September 18, 1970 | No rules in effect. Trial period expired. Trial Period (9/70-9/73) May 15 - Sept. 15 at spillway crest Sept. 15 - Oct. 15 1.0 to 2.5' below spillway crest Oct. 15 to onset of spring runoff not less than 1.0' below spillway crest - dam should be managed to prevent damage from spring runoff | Dam Owner: Town of Barnet Operated by: Town of Barnet Datum: Spillway crest (low flow section) 892.28' m.s.l. per R.M. Downer Regulating Works: Stop logs: sill elevation = 888.5' m.s.l.; sluice gate; and fish ladder Trial Period: Expired Sept. 1973 | | LAKE HORTONIA Hubbardton/Rutland February 1, 1955 | All year: Water level variation not to exceed 2.5' Note: Variation is not referenced to any elevation. Order says DFW to provide a plan to maintain levels within 2.5' after new dam was built (1955) | Dam Owner: VT DFW Operated by: VT DFW Datum: Spillway crest = 487.50' (local) Regulating Works: Stop logs section. 24" drain | | KEISER POND Peacham/Caledonia April 16, 1964 | May 1 - Sept. 15: 94.0' (local) Sept. 15 - May 1: may be lowered below 94.0' by DFW as necessary | Dam Owner: VT DFW Operated by: VT DFW Datum: Crest of low flow spillway section 94.25 ' Regulating Works: Stop log section (single col) | | LITTLE HOSMER POND Craftsbury/Orleans October 16, 1968 | All year: 1065.7' (local) | Dam Owner: VT DEC Operated by: VT DEC Datum: Crest of low flow spillway section 1066.5 ' Regulating Works: Stop log section: sill elev. 1062.5' | | MILES POND Concord/Essex March 18, 1969 | May 15 -Oct. 15: 98.50'(local) Oct. 15 - May 15 96.50' to 97.00' Temporary Drawdown Temporary lowering of level for maintenance, cleanup, etc. at a time mutually agreeable to majority of affected parties and upon written direction of WRB | Dam Owner: VT DEC Operated by: VT DEC Datum: Spillway crest = 99.00' Regulating Works: Stop log section (double col) | | LAKE MOREY Fairlee/Orange December 20, 1954 | No Rules Adopted. Trial period ordered by WRB in 1954. Summer 32" (415.65' m.s.l.) above floor of main outlet Winter about October 15 lower to desirable winter level. (Exact date to be agreeable to Lake Morey Protective Assn. & WRB.) | Dam Owner: VT DEC Operated by: VT DEC Datum: Spillway floor = 412.98' m.s.l. Regulating Works: Stop log section Bench Mark: TBM - NE corner of top of west wall at spillway (opposite stop logs) 419.35' m.s.l. | | LAKE PARKER Glover/Orleans November 6, 1974 Amended Jan. 10, 1975) | Normal camping season 97.4' (local) Water Level Manipulation Normal camping season - only with approval of Secretary ANR. Non-camping season - Secretary ANR may order Town of Glover to manipulate levels for fisheries management | Dam Owner: Town of Glover Operated by: Town of Glover Datum: Low flow spillway crest = 97.3' Regulating Works: Stop log section. Sill elev. 94.0' Bench Mark: TBM - [] in concrete at southerly end of stop log section = 98.4' (local) | | PERCH POND Benson/Rutland June 4, 1965 | May 1 - Oct. 1: 99.4' (local) Oct. 1 - May 1: DFW may draw down to minimum of 97.0' | Dam Owner: VT DFW Operated by: VT DFW Datum: Spillway crest = 100.0' per revised plans* Regulating Works: Stop log section. Sill elev. = 97.5' per field inspection.* *Note: As built may not agree with plans. | | LAKE SADAWGA Whitingham/Windham September 18, 1964 | May 1 - Oct. 1: 96.2' (local) Oct. 1 - May 1: 92.2' minimum for fisheries management | Dam Owner: VT DFW Operated by: VT DFW Datum: Top of I-beam imbedded in spillway 100.0' Regulating Works: 2 spillways, low flow crest elev. 96.2' 1 drain (42") | | SILVER LAKE Barnard/Windsor June 7, 1968 Amended effective December 30, 2011 | For 2011 - 2014 Summer recreation season: 1307.5' National Geodetic Vertical Datum of 1929 (NGVD 29) Winter season: 1306.0' NGVD 29 The lake shall be drawn down and allowed to refill in accordance with the following schedule: a. For 2011 and 2012 1. Stoplogs in the principal spillway section at Silver Lake Dam will be restored to an elevation so that the lake level will be 1307.5 feet NGVD 29 by May 15. 2. Stoplogs will be removed to an elevation so that the lake level will be 1306.0 feet NGVD 29 after October 15. 3. Removal and restoration of stoplogs will be at the discretion of the State of Vermont Dam Safety Engineer and may be instituted during times of concern regarding public health and safety. b. For 2013 1. Stoplogs in the principal spillway section at Silver Lake Dam will be restored to an elevation so that the lake level will be 1307.5 feet NGVD 29 by May 15. 2. Stoplogs will be removed to an elevation so that the lake level will be 1306.0 feet NGVD 29 after Labor Day to allow for recapping of the concrete pier at Silver Lake State Park and to allow shoreline owners to take necessary steps to prevent their properties from possible ice damage; 3. Removal and restoration of stoplogs will be at the discretion of the State of Vermont Dam Safety Engineer and may be instituted during times of concern regarding public health and safety. c. For 2014 and following years: 1. Stoplogs in the principal spillway section at Silver Lake Dam will be restored to an elevation so that the lake level will be 1307.5 feet NGVD 29 by May 15, 2014. 2. Winter drawdown will be suspended; principal spillway crest will be maintained at a fixed elevation so that the lake level will be 1307.5 feet NGVD 29. 3. Restoration of stoplogs in 2014 will be at the discretion of the State of Vermont Dam Safety Engineer if a delay is warranted based on public health and safety concerns. | Dam Owner: VT DEC Operated by: VT DEC Datum: Top SE corner of drop inlet of principal spillway = 1310.0' m.s.l. Regulating Works: Stop logs structures | | SUNRISE LAKE Benson/Rutland October 9, 1963 | No Rules Adopted. Findings of Fact - No Order | Dam Owner: BSA Operated by: BSA Regulating Works: Stop logs in spillway section | | SUNSET LAKE Benson/Rutland October 9, 1963 | No Rules Adopted. Findings of Fact - No Order | Dam Owner: none Operated by: none Regulating Works: Unregulated concrete weir | | LAKE WILLOUGHBY Westmore/Orleans November 23, 1954 | No Rules in Effect. Trial Period Expired Trial Period Summer & Fall 1954: 1168.7' (m.s.l.) | Dam Owner: VT DEC Operated by: VT DEC Datum: Floor original spillway = 1168.04' Regulating Works: Stop log sections | | WOLCOTT POND Wolcott/Lamoille September 19, 1968 | All year 100.00' (local) Temporary Drawdown Temporary lowering below 100.00' at a mutually agreeable time of majority of affected parties, and written authorization by WRB. | Dam Owner: VT DEC Operated by: VT DEC Datum: Crest of spillway and overflow structure = 100.1' (local) Regulating Works: Stop log section sill Bench Mark: BM on concrete base at boat launch area = 105.60' |

History

• STATUTORY AUTHORITY: 10 V.S.A. § 905
• EFFECTIVE DATE: March 29, 1954
• AMENDED: November 23, 1954; December 20, 1954; February 1, 1955; February 6, 1959; August 7, 1962; October 9, 1963; April 16, 1964; September 18, 1964; November 25, 1964; June 4, 1965; July 26, 1965; December 16, 1965; July 14, 1966; January 31, 1967; June 7, 1968; September 19, 1968; October 16, 1968; March 18, 1969; July 2, 1970; September 18, 1970; November 6, 1974; January 10, 1975; October 10, 1978; November 17, 1980; November 24, 1980 Secretary of State Rule Log #80-120; September 7, 1982; May 15, 1983 Secretary of State Rule Log #82-63; March 14, 1985; April 1, 1985 Secretary of State Rule Log #85-23; December 30, 2011 Secretary of State Rule Log #11-051

Subagency 030 DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Chapter 017 RULES FOR THE USE OF ALL TERRAIN VEHICLES ON ICE COVERED BODIES OF PUBLIC WATER

12-017 Code Vt. R. 12-030-017-X RULES FOR THE USE OF ALL TERRAIN VEHICLES ON ICE COVERED BODIES OF PUBLIC WATER

Section 101 Purpose

Pursuant to 23 V.S.A. § 3506(b)(4), the use of all-terrain vehicles is prohibited on any public land, body of public water, or natural area unless the Secretary has designated the area for use by all-terrain vehicles. The purpose of these rules is to permit the use of all-terrain vehicles on ice-covered bodies of public water as described in these rules. Operation on all public lands and unfrozen bodies of public water is prohibited.

Section 102 Designated Bodies of Public Water

(a) The use of all-terrain vehicles shall be permitted on all frozen bodies of public water, except as restricted in subsection (b); subject to petition of any person to close specified areas of public water to use by all-terrain vehicles and only after due notice and public hearing.

(b) The following areas of public water are restricted and the operation of all-terrain vehicles thereon is prohibited:

Amity Pond Natural Area, Winds or County

Levi Pond, Caledonia County

Marsh Pond, Rutland County

Waterbury Reservoir, Washington County

Bear Pond, Lamoille County *

Sterling Pond, Lamoille County *

Lake of the Clouds, Lamoille County *

Berlin Pond, Washington County

• Mt. Mansfield Natural Area

(c) Fish and Wildlife Department fishing access areas are only open to all-terrain vehicles for the purpose of fishing in accordance with current Fish and Wildlife Department regulation #641.

Section 103 Public Lands and Waters Open

All public lands and public waters shall be open:

(a) For official use by federal, state, or municipal agencies;

(b) For emergency search and rescue operations and other occurrences involving health, safety, and welfare of persons or protection of property.

History

• STATUTORY AUTHORITY: 23 V.S.A. § 3506(b)(4)
• EFFECTIVE DATE: February 4, 1986 Secretary of State Rule Log #86-003
• AMENDED: November 1, 2016 Secretary of State Rule Log #16-045

Subagency 004 NATURAL RESOURCES BOARD

Chapter 018 RULES REGULATING THE ANCHORING AND MOORING OF VESSELS ADJACENT TO THE BURTON ISLAND STATE PARK (UPW-44)

12-018 Code Vt. R. 12-004-018-X RULES REGULATING THE ANCHORING AND MOORING OF VESSELS ADJACENT TO THE BURTON ISLAND STATE PARK (UPW-44)

The anchoring or mooring of vessels within that portion of Lake Champlain adjacent to the Burton Island State Park marina which is generally described as being southerly of a line extending from a point on the shoreline of Burton Island approximately 600 feet north, northwest of the breakwater to the "red nun" marking the small-boat channel between Burton Island and the Kamp Kill Kare State Park is prohibited except at the twenty-one (21) sites identified on the attached map.

[See graphic or tabular material in printed version]

History

• Effective: 6/1/87

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 019 REGULATION #944 - A REGULATION CONTROLLING HUNTING AND TRESPASSING ON THE MUD CREEK CONTROLLED HUNTING AREA IN ALBURG

12-019 Code Vt. R. 12-010-019-X REGULATION #944 - A REGULATION CONTROLLING HUNTING AND TRESPASSING ON THE MUD CREEK CONTROLLED HUNTING AREA IN ALBURG

1. Public use of the Mud Creek Controlled Hunting Area (CHA) shall be permitted or restricted as follows:

(a) No person shall posses a firearm, muzzleloader, trap, bow and arrow, crossbow or spear while within the boundaries of the Mud Creek CHA except under authority of a permit issued by the Vermont Fish and Wildlife Department. Permits issued for hunting or trapping shall be carried by those persons at all times while on the CHA and shall be exhibited to any Fish and Wildlife Department employee upon request.

(b) The existing railroad bed and that portion of the CHA lying south of the railroad bed shall be open to fishing and hiking at all times except during the time when the CHA is operational as provied in 2b. Fishing shall be in conformance with existing fishing regulations except that taking fish by spearing, shooting, or with bow and arrow shall be prohibited.

The portion of the CHA lying north of the railroad bed shall be open to the public from January 1 through August 31 annually without need of permit; public use of this portion of the CHA from September 1, through December 31 annually shall be only under authority of a permit issued by the Vermont Fish and Wildlife department.

In addition to other laws pertaining to public use of the CHA, it shall be unlawful for anyone other than Fish and Wildlife Department personnel to:

(1) operate any motorized vehicle on any portion of the CHA, except for snowmobile use on the designated VAST trail;

(2) camp overnight except under authority of permit from the Vermont Fish and Wildlife Departments;

(3) build or tend any open fire.

(4) litter or deposit any refuse.

(5) operate any boat or canoe with any type of motor attached.

2. Provisions for waterfowl hunting on the CHA shall be as follows:

(a) Waterfowl hunting on the CHA shall be only under authority of a permit used by the Vermont Fish and Wildlife Department. Permits shall result from a public drawing of applications received and in conformance with the optimal number of hunters to be authorized entry on predetermined shooting days. Provisions may be made for pemits for hunters through a self-registration process at the CHA for hunting days not included in the public drawing and pre-registration process.

(b) Shooting hours on the CHA shall be from legal morning starting time until 11:00 A.M.

(c) Each hunting party shall be equipped with a boat or canoe and not few than six decoys. A person other than Fish and Wildlife Department personnel shall not operate a boat with any type of motor attached.

(d) A person hunting under the authority of a permit shall appear at the area control office at or before noon on the day for which the permit is valid and furnish to an agent of the Commissioner such information as requested and exhibit any game birds taken.

(e) A person shall not possess or discharge more than 25 shotgun shells per day.

(f) All laws and regulations not inconsistent herewith whall be in force.

The Mud Creek Controlled Hunting Area is enclosed by appropriate notices to mark boundaries.

History

• Effective Date: October 3, 1983 (Secretary of State Rule Log #83-65)
• AMENDED: September 9, 1995 (Secrtary of State Rule Log #95-58)
• Statutory Authority: 10 V.S.A. § 4082, 4084

Subagency 030 DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Chapter 020 CHAPTER 24 - GROUNDWATER WITHDRAWAL REPORTING AND PERMITTING RULES

12-020 Code Vt. R. 12-030-020-X CHAPTER 24 - GROUNDWATER WITHDRAWAL REPORTING AND PERMITTING RULES

SUBCHAPTER 1 PURPOSE AND AUTHORITY

101 Authority

These rules are adopted under the authority of the Secretary pursuant to 3 V.S.A. § 808, 10 V.S.A. § 1392(d), 10 V.S.A. § 1417(c) and 10 V.S.A. Chapter 48, Subchapter 6.

102 Purpose

Consistent with the requirements of 10 V.S.A. Chapter 48 it is the purpose of this rule to protect and manage groundwater resources. This rule provides the regulatory framework for the withdrawal of more than 57,600 gallons per day of groundwater for commercial and industrial uses. Additionally, this rule requires any person who withdraws more than 20,000 gallons per day of groundwater for certain uses to report that withdrawal to the secretary.

103 Severability

The provisions of any section of these rules are severable. If any provision of these rules is ruled invalid or if any application of these rules to any person or circumstance is invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application

SUBCHAPTER 2 DEFINITIONS

201 Definitions

As used in these rules, the following terms shall have the specified meaning or the meaning given to them in 10 V.S.A. § 1416. If a term is not defined it shall have its common meaning:

(1) "Agency" means the agency of natural resources.

(2) "Aquifer" means a water bearing stratum of permeable rock, sand, gravel or other soils.

(3) "Area of contribution" means the geographic area supplying groundwater to a point or points of groundwater withdrawal, groundwater discharge to the land surface, groundwater discharge to significant wetlands, or groundwater discharge directly to surface water.

(4) "Area of influence" means, the geographic area where the piezometric surface of the groundwater is lowered due to influence of a groundwater withdrawal. Impacts on surface water, including changes in flow or water surface elevation are included in the area of influence. This is not the same as the area of contribution to a point of groundwater withdrawal.

(5) "Baseline withdrawal" means highest amount withdrawn by a person within a twenty four hour period from January 1, 2005 through December 31, 2010.

(6) "Bottled water" means any non-carbonated, non-flavored water placed in a sealed container for sale or distribution to the public with the express or implied intent of providing water for human consumption.

(7) "Bottled water system" means a public water system that bottles drinking water for public distribution and sale. A domestic bottled water system is a bottled water system with at least one source located within Vermont. An imported bottled water system is a bottled water system with all sources located outside of Vermont.

(8) "Bulk water" means drinking water delivered to consumers or water purveyors by means other than pipeline or bottled water.

(9) "Effluent water resource" means the reach of a water resource where the piezometric surface of the groundwater is higher than the surface water elevation at that location at that time (e.g. a gaining stream).

(10) "Estimated yield" means an estimate of the maximum short-term withdrawal rate that a source or an existing source can produce (e.g. driller's estimated yield).

(11) "Existing source" means a location where a person withdraws, or is permitted to withdraw groundwater or surface water for any purpose in existence at the time a proposed source applies to the Secretary for a permit, amendment, or renewal.

(12) "Farming" means farming as the term is defined in 10 V.S.A. § 6001(22).

(13) "Flowing artesian well" means a well that intersects groundwater with a piezometric elevation above the top of the well casing. If the well is left uncapped, groundwater will flow freely from the well at a rate dependent on the elevation of the piezometric surface and the physical properties of the aquifer.

(14) "Groundwater" means water below the land surface in a zone of saturation, including springs. This term does not include surface water.

(15) "Influent water resource" means the reach of a water resource where the piezometric surface in groundwater is lower than surface water elevation at that location at that time (e.g. a losing stream).

(16) "Interference" means the measurable or predicable impact to a water resource or an existing source caused by a withdrawal from a proposed source.

(17) "Monitoring well" means a device used to monitor the depth or elevation of the piezometric surface, or groundwater quality.

(18) "Ownership or legal control" means an easement, right of way, deed or other legal document that creates an enforceable permanent property interest that transfers all development rights to the applicant within the source isolation zone of the proposed source.

(19) "Permanent legal access" means an easement, right of way, deed or other legal document that creates an enforceable permanent property interest that provides access to the tract of land for the purposes of construction, operation and maintenance of the proposed source and control of land use activities surrounding the source.

(20) "Person" means any individual, partnership, company, corporation, cooperative, association, unincorporated association, joint venture, trust, the state of Vermont or any department, agency, subdivision, or municipality, the United States government or any department, agency, or subdivision, or any other legal or commercial entity.

(21) "Place of business" means one or more contiguous parcels of land owned or controlled by the same person.

(22) "Proposed source" means the location proposed to be permitted under these rules.

(23) "Public water supply" means a public water supply as defined in 10 V.S.A. § 1671.

(24) "Pumping test" means a method to test a well in order to determine aquifer characteristics, source interference, safe yield, area of influence, and other aquifer parameters.

(25) "Pumped well" means a well with a pump or other device used to mechanically extract groundwater.

(26) "Qualified professional" means a person with training or experience in hydrogeology, surficial geology, and bedrock geology sufficient to adequately prepare the hydrogeologic studies and analyses required by these rules.

(27) "Safe yield" means an amount of groundwater that can sustainably be withdrawn from a proposed source that will not cause an undue adverse effect on existing sources or water resources.

(28) "Secretary" means the secretary of the agency of natural resources or the secretary's duly authorized representative.

(29) "Significant wetland" means a wetland defined as a "significant wetland" under the Vermont wetlands rule.

(30) "Spring" means a location, whether developed (e.g. by a spring box or tile) or undeveloped, where groundwater flows naturally to the surface of the earth prior to the development of the spring. For purposes of these rules, developed spring is considered a well when groundwater is withdrawn from the source at a rate greater than its overflow discharge.

(31) "Surface water" means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs and all bodies of surface waters, artificial or natural, that are contained within, flow through or border upon the state or any portion of it.

(32) "Tract of land" means one or more contiguous parcels of land owned or controlled by the same person.

(33) "Undue adverse effect" means an effect from the withdrawal of groundwater that meets the undue adverse effect criteria of § 24-511.

(34) "Water budget" means an assessment of the water resources and existing sources, including the water inputs (precipitation, regional flow of surface water or groundwater, and anthropogenic recharges) and outputs (evapotranspiration, runoff, existing sources and surface water and groundwater flow out of the area being assessed). A water budget shall be calculated using climatic normals (e.g. precipitation, evapotranspiration, and temperature).

(35) "Water resource" means groundwater, surface water, and significant wetlands.

(36) "Well" means any hole drilled, driven, bored, excavated, or created by similar method into the earth to locate, monitor, extract, or recharge groundwater. This term does not include springs.

(37) "Wetlands" means those areas of the state that are inundated by surface or ground water with a frequency sufficient to support significant vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include but are not limited to marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas that grow food or crops in connection with farming activities.

(38) "Withdrawal" means the intentional removal of groundwater by any method from a source or sources.

SUBCHAPTER 3 GROUNDWATER WITHDRAWAL REPORTING

301 Groundwater Reporting Requirements

(a) Any person withdrawing more than 20,000 gallons per day of groundwater, averaged over a calendar month at a single tract of land or place of business shall file a groundwater report with the Secretary on or before September 1 for the preceding calendar year. The following are exempt from the reporting requirement:

(1) a groundwater withdrawal for fire suppression or other public emergency purposes;

(2) a groundwater withdrawal reported to the agency of natural resources under any program that requires the reporting of substantially similar data;

(3) a groundwater withdrawal for domestic, residential use;

(4) a groundwater withdrawal for farming;

(5) dairy processors and milk handlers licensed in accordance with 6 V.S.A. § 2721;

(6) a groundwater withdrawal for public water systems, and

(7) a groundwater withdrawal for closed loop, standing column, or similar non- extractive geothermal heat pumps.

(b) The groundwater report shall be submitted on a form prescribed by the Secretary and shall, at a minimum, include:

(1) A map with the withdrawal location or locations if the report covers more than one existing source.

(2) The average daily rate of withdrawal from each existing source.

(3) The metered or estimated frequency, in number of days and amount, that a withdrawal exceeded 20,000 gallons per day from each existing source. If an estimate is used it shall use the methods established in § 24-302.

(4) The estimated yield of each existing source.

(5) The use or uses of the water withdrawn from each existing source.

(6) The metered or estimated total of withdrawal per month at a single tract of land or place of business. If available, a person shall provide metered data from the existing source or sources. In the case of a person who bulks or bottles water, that person shall provide metered data from a meter, separate from the master withdrawal meter, to measure the amount of water delivered to the bulk water hauling connection or to the bottling line. If metered data is not available and an estimate is used it shall use the methods established in section § 24-302.

(7) Where feasible, the distance of each withdrawal from the nearest surface water and significant wetland.

(8) Whether the groundwater source is a spring, a free flowing artesian well, or a pumped well.

(9) Any other additional information the Secretary deems appropriate as a part of this reporting requirement.

302 Methods of Estimating Water Withdrawals

(a) Any of the following methods may be used to estimate the total of withdrawal per month at a source:

(1) permitted wastewater discharge plus consumptive use;

Note: an example of this approach could include the person's wastewater discharge permit amount plus a metered or calculated process amount that is not discharged (for example the water used in brewing beer or bottling water);

(2) well pump rating in gallons per minute multiplied by the number of minutes the pump runs per cycle times the number of cycles per day;

Note: For example, a well pump that is rated at 75 gallons per minute X 30 minutes/cycle X 10 cycles/day = 22,500 gallons per day);

(3) flow from springs may be measured by use of a weir, or a calibrated bucket and stopwatch; or

(4) other methods as approved by the Secretary in writing.

(b) Any of the following methods may be used to estimate the amount of water delivered to the bulk water hauling connection or to the bottling line:

(1) for bulk water hauling, calculate the volume of the bulk hauling container multiplied by the number of containers filled per year;

(2) for bottling lines, calculate the volume of the bottles filled multiplied by the number of bottles filled per year; or

(3) other methods as approved by the Secretary in writing.

SUBCHAPTER 4 GROUNDWATER WITHDRAWAL PERMITTING

401 Permit Required

(a) New withdrawals. On and after July 1, 2010, no person shall make a new groundwater withdrawal for commercial or industrial uses of more than 57,600 gallons a day from any source on a single tract of land or at a place of business without first receiving a groundwater withdrawal permit. New groundwater withdrawals for bottled or bulk water uses that meet the jurisdictional requirements of this subsection shall comply with subsection (d) of this section.

(b) Increased withdrawal from a previously permitted source. On and after July 1, 2010, no person shall increase a groundwater withdrawal for commercial industrial, bottled or bulk water uses to an amount greater than 57,600 gallons a day from any source on a single tract of land or at a place of business without first receiving a groundwater withdrawal permit. Increased withdrawals of groundwater for bottled or bulk water uses that meet the jurisdictional requirements of this subsection shall comply with subsection (d) of this section. The expansion of a withdrawal includes:

(1) an additional withdrawal from one or more new source; or

(2) an increase in the rate or quantity of a withdrawal from an existing source above the maximum rate set forth in any permit previously issued under this section.

(c) Previously unpermitted withdrawals for commercial, industrial, bottled or bulk water withdrawal. For a commercial or industrial withdrawal in existence prior to July 1, 2010, no person, shall increase their withdrawal, without first receiving a groundwater withdrawal permit if either of the following occur:

(1) If the withdrawal is increased by 57,600 gallons per day; or

(2) If the withdrawal is greater than 57,600 gallons per day and withdrawal is increased to an amount 25 percent or greater of the baseline withdrawal.

(d) A bottled water supply shall obtain a source permit under the Vermont Water Supply Rule using the requirements of this Groundwater Withdrawal and Permitting Rule. A bottled water supply shall continue to be required to obtain a construction and an operating permit under the Vermont Water Supply Rule.

(e) Circumvention. The Secretary may require a person to obtain a permit under this subchapter when the Secretary, in his or her discretion, determines that a withdrawal, subdivision of land, transfer of property, or other action circumvents the requirements of this rule.

402 Exemptions from the Permitting Requirements

The following are exempt from the permitting requirements of this section:

(1) a groundwater withdrawal for fire suppression or other public emergency purpose;

(2) a groundwater withdrawal for domestic, residential use;

(3) groundwater withdrawal for farming;

(4) dairy processors and milk handlers licensed in accordance with 6 V.S.A. § 2721;

(5) a groundwater withdrawal for public community water systems;

(6) a groundwater withdrawal for transient noncommunity systems, unless more than 57,600 gallons per day is used for commercial, industrial, bottling, or bulk purposes.

(7) A groundwater withdrawal for nontransient noncommunity systems, unless more than 57,600 gallons per day is used for commercial, industrial, bottling, or bulk purposes.

(8) a groundwater withdrawal for the investigation or remediation of a release of a hazardous material that is being supervised by the Secretary under 10 V.S.A § 6615b or 10 V.S.A. chapter 159 subchapter 3; and

(9) a groundwater withdrawal for closed loop, standing column, or similar non-extractive geothermal heat pumps

403 Pre-application Public Informational Meeting

(a) Informational meeting required. At least 30 days before filing an application for a permit under this subchapter, the applicant shall hold an informational meeting in the municipality in which the withdrawal is proposed. At the informational meeting the applicant shall describe the proposed project and provide attendees with the opportunity to comment on the proposed project.

(b) Notice. Notice for the informational hearing shall be provided by posting the time and location of the meeting in the municipal offices, notifying adjoining landowners, the municipal legislative body in the municipality where the facility is located, and any person on a list of interested persons maintained by the Secretary of the meeting, and by publishing in a local newspaper. Notice shall be provided at least 10 days before the meeting. The applicant shall also notify the Secretary of the time and location of the meeting at least ten days before the meeting.

404 Groundwater Withdrawal Permit Application

(a) The applicant shall submit an application to the secretary with a form prepared by the secretary. At a minimum, the application shall include the following:

(1) The name, mailing address, and daytime telephone number of the applicant. If the applicant is not the property owner of the property where the proposed source is located, the property owner shall be a co-applicant on the permit.

(2) The GPS location of the proposed source.

(3) The requested withdrawal rate from proposed source, including estimates of the projected mean and peak daily, monthly, and annual withdrawals.

(4) The use of the proposed withdrawal.

(5) If applicable, the previously assigned permitted production rates, established safe yields, or the known withdrawal rates of the applicant's other existing sources on the same tract of land or at the same place of business.

(6) The location of proposed return flow for the withdrawn water, if applicable.

(7) The estimated amount of water that will not be returned to the watershed where the proposed source is located.

(8) A certification that the applicant has met the pre-application public informational meeting requirements of § 24-403.

(9) A description of the alternate means considered for satisfying the applicant's purpose for the withdrawal. The alternatives analysis shall examine whether it is possible to connect to a public community water system and shall examine conservation measures to be implemented to reduce water consumption.

(10) Include the relevant portions of the municipal plan and regional plan, if any, that address the use of groundwater.

(11) A map that shows that the location of the proposed source complies with siting criteria pursuant to § 24-501.

(12) A source construction plan that provides the information required by § 24-502.

(13) A initial conceptual hydrogeologic model of the source prepared in accordance with § 24-503.

(14) The estimated area of influence and a description of how it was estimated using the initial conceptual hydrogeologic model.

(15) A preliminary inventory of existing sources and uses in the estimated area of influence completed in accordance with § 24-504;

(16) A preliminary inventory of surface water and significant wetlands in the estimated area of influence, completed in accordance with § 24-505.

(17) A preliminary inventory of contamination sources completed in accordance with § 24-506.

(18) An estimation of withdrawal effects prepared in accordance with § 24-507.

(19) A description of the source testing program design prepared in accordance with § 24-508.

(20) Any additional information the Secretary determines is necessary to conserve groundwater or to protect human health or the environment.

(b) Notice of application. Prior to determining an application administratively complete, the applicant shall provide documentation of compliance to the secretary of the following notice requirements:

(1) Send a complete copy of the application to each of the following:

(A) The clerk, legislative body, and conservation commission in the municipality in which the project is located.

(B) The clerk of adjoining municipalities.

(C) The regional planning commission of the area where the project is located.

(D) Any public water system permitted by the agency of natural resources in the municipality where the proposed withdrawal is located.

(2) Send a notice of application to all landowners and mobile home park residents within the area of influence of the proposed source or within one quarter mile downstream from a proposed source that is a spring. Notice to the officers of a condominium association shall be deemed sufficient under this subdivision for notice to residents of a condominium. A notice of application shall include, at a minimum, the address of the proposed withdrawal, the use of the proposed withdrawal, a map of the estimated area of influence, where full copies of the application may be reviewed, how to submit comment on the application to the agency of natural resources.

(3) At the time the application is submitted, publish notice in a newspaper of general circulation in the area of the proposed withdrawal. The notice shall provide the following information:

(A) The location and proposed withdrawal rate of the proposed source.

(B) Locations where copies of the application may be obtained.

(C) That a public comment period is open for 30 days from the submittal date of the application and that comments shall be directed to the water supply division of the Agency.

(4) A copy of the notice required under subsection (b)(3) of this subsection shall be posted in the municipal clerk's office of the municipality in which the proposed source is located.

(c) Web posting. The Secretary may, dependent upon the level of public interest associated with a project, post application materials, meeting notices, regulatory determinations, and other information relevant to the proposed withdrawal's application on the agency web site.

405 Application Review; Source Construction Approval

(a) After the close of the 30 day comment period, the Secretary shall review the application materials and comments received pursuant to § 24-404 to determine:

(1) The application contains all information required by § 24-404.

(2) The Secretary determines that source construction plan is consistent with the requirements of § 24-502.

(3) All public notification requirements specified by §§ 24-403 and 404 have been satisfied.

(b) After conducting a review of the application the Secretary shall do one of the following:

(1) Notify the applicant that its source construction plan is acceptable and that source construction may commence. Proposed source construction shall be in accordance with the approved construction plan. The applicant shall provide prior notification to the Secretary of the date and times that the proposed sources will be installed and shall provide the Secretary with site access to observe the installation.

(2) Notify the applicant of deficiencies in the application materials, with the proposed source placement, or with the source construction plan and that modifications are to be made to the application materials prior to the Secretary determining that plan is acceptable.

(3) Notify the applicant that the site is not suitable for a permit under this rule and deny the permit application. The following factors shall make a site not suitable for further consideration:

(A) The proposed source does not meet the siting criteria of § 24-501; or

(B) The siting or construction of the proposed source presents a high risk of impact from a potential or actual source of contamination.

(4) Notify the applicant that the site may not be suitable for a permit under this rule because the site or the final proposed withdrawal appear to present a high risk of an undue adverse effect.

406 Approval to Conduct Proposed Source Testing

(a) After the requirements of § 24-405 have been reviewed the Secretary shall do one of the following:

(1) Notify the applicant that the application and withdrawal testing program design is acceptable and that source withdrawal testing may commence.

(2) Notify the applicant of deficiencies in the program design identified through the source construction or in public comment, which must be resolved before source withdrawal testing may commence.

(3) Notify the applicant that the site is not suitable for a permit under this rule because the site or the final proposed withdrawal appears to present a high risk of an undue adverse effect.

(b) After the applicant receives approval pursuant to subsection (a) of this section, the applicant shall:

(1) Complete withdrawal testing in accordance with the approved proposed source testing plan.

(2) Refine the initial conceptual hydrogeologic model and area of influence for the proposed source in accordance with § 24-510.

(3) Update and revise the contamination source inventory and the inventory of existing sources and surface waters and significant wetlands if greater than 90 days old.

(4) Describe impacts to existing sources, surface water, and significant wetlands.

(5) When an undue adverse effect is predicted to occur as a result of the proposed rate of withdrawal, the applicant shall, in the application and final report:

(A) Reduce the proposed rate of withdrawal to a level where no adverse effect is anticipated; or

(B) Design mitigation measures for review and approval by the secretary.

407 Draft Final Report; Public Comment Period and Informational Meeting

Notice. Prior to submitting a final report to the Secretary, the applicant shall provide documentation of compliance to the secretary of the following notice requirements:

(1) Send a complete copy of the draft final report to each of the following:

(A) The clerk, legislative body, and conservation commission in the municipality in which the project is located.

(B) The clerk of adjoining municipalities.

(C) The regional planning commission of the area where the project is located.

(D) Any public water system permitted by the agency of natural resources in the municipality where the proposed withdrawal is located.

(2) Send a notice of draft final report to all landowners and mobile home park residents within the area of influence of the proposed source or within one quarter mile downstream from a proposed source that is a spring. Notice to the officers of a condominium association shall be deemed sufficient under this subdivision for notice to residents of a condominium. A notice of draft final report shall include, at a minimum, the address of the proposed withdrawal, the use of the proposed withdrawal, a map of the estimated area of influence, where full copies of the application may be reviewed, the conclusions reached by the applicant in the final report on whether the proposed withdrawal may cause an undue adverse effect and how the applicant plans to respond to those conclusions, and how to submit comment on the draft final report to the agency of natural resources.

(3) At the time the draft final report is submitted, publish notice in a newspaper of general circulation in the area of the proposed withdrawal. The notice shall provide the following information:

(A) That a public comment period is open for 30 days from the submittal date of the draft final report and that comments shall be directed to the water supply division of the Agency.

(B) The time and location of a public meeting to be held on the draft final report and the proposed withdrawal.

(4) A copy of the notice required under subsection (3) of this subsection shall be posted in the municipal clerk's office of the municipality in which the proposed source is located.

408 Determinations for Issuance Groundwater Withdrawal Permit

(a) The secretary shall issue a groundwater withdrawal permit only if:

(1) The information provided in the application and final report is complete and correct.

(2) The information provided in the application and final report demonstrates that the proposed source satisfies all the following:

(A) is planned in a fashion that provides for an efficient use of water.

(B) results in a safe yield.

(C) will not have an undue adverse effect on existing sources or uses of water.

(D) is consistent with the regional and town plan;

(E) will not have an undue adverse effect on a public water system permitted by the agency.

(F) will not have an undue adverse effect on significant wetlands under the Vermont wetland rules or on other water resources hydrologically interconnected with the well or spring from which the proposed withdrawal would be made.

(G) will not violate the Vermont water quality standards.

(H) For a proposed source with the purpose of bottled water or bulk water:

(i) Meets the water quality parameters established within the Vermont Water Supply Rule.

(ii) Meets Agency protocols for groundwater under the direct influence of surface water, if applicable.

(iii) The Source Protection Area has been publically noticed and the area approved.

(iv) Requirements for the Source Isolation Zone have been satisfied.

(v) An agricultural lands certification has been completed by the applicant, if applicable.

(vi) The Source Protection Plan has been approved.

(I) addresses any other concern that the secretary has identified as necessary for the conservation of water or protection of human health or the environment.

409 Groundwater Withdrawal Permit

Each permit issued by the Agency for a groundwater withdrawal pursuant to this section shall specify the following information:

(1) The name, mailing address, and daytime telephone number of the permittee.

(2) That the permit is valid for a period of years, not to exceed 10 years.

(3) The maximum permissible water withdrawal rate, including any seasonal variation or limitations upon the withdrawal rate. In the case of springs, the permit may also require a minimum stream flow.

(4) That groundwater withdrawals for drinking water supplies, farming, or dairy processing shall be given priority over the proposed source during times of shortage.

(5) The stated use of the withdrawal.

(6) A schedule for monitoring and reporting production from the proposed source or sources.

(7) A requirement that in the event there are changes to the permittee's address and contact information, the permittee shall provide updated information to the secretary within ten days of the change.

(8) A requirement to report to the secretary as specified in § 24-513 whenever an undue adverse effect has occurred or is occurring.

(9) A requirement to resolve undue adverse effects in accordance with § 24 - 513 if one has occurred.

(10) Other conditions, as needed, to ensure the conservation of groundwater and the protection of human health and the environment.

410 Permit Amendments

(a) Major amendments.

(1) Applicability. Major amendments may include:

(A) A proposed increase in the permitted rate of the withdrawal; or

(B) A proposed change in the location of the withdrawal.

(2) Application. An application for a major amendment to a permit shall be treated as a new application. An application for a major amendment shall be reviewed by the secretary in the same manner as a new application.

(3) Approval. On approval of a major amendment, the secretary will issue an amended permit for the source.

(b) Minor amendments.

(1) Applicability. Minor amendments may include:

(A) A change in the owner of the source or a change to the permittee;

(B) A change to any required monitoring that is part of the permit;

(C) A change to the use of the withdrawal;

(D) A decrease in the permitted rate of withdrawal;

(E) The replacement of an existing well at the same location, at the same depth and for the same rate of withdrawal.

(2) Application. The applicant shall submit an application to the secretary on a form provided by the secretary.

(3) Notice. The applicant shall provide notice of the minor amendment to all other landowners and mobile home park residents in the area of influence, or in the case of springs, one quarter of one mile downstream from the source and post a copy of the minor amendment in the town clerk's office of the municipality where the project is located. The notice shall provide the following information:

(A) The location and a brief description of the proposed amendment.

(B) Locations where copies of the application may be obtained.

(C) That a public comment period is open for 30 days from the date of the application and that comments should be directed to the water supply division of the Agency.

(4) Informational meeting. The secretary may, on his or her motion or by a petition by a member of the public, call a public informational meeting. This meeting shall be noticed at least 10 days before the meeting in the same manner as subsection (b)(3) of this section.

411 Notices of Closure and Conversion

(a) Notice of closure. A permittee shall file a notice of closure when the permittee permanently ceases the operation of a source. The permittee shall notify the secretary that the closure plan has been properly implemented, and upon receipt of that notification the permit issued under this rule shall be considered voluntarily revoked. Prior to closing the source, the permittee shall submit a source closure for the Secretary's approval that contains the following:

(1) Prior to closing, all water source or holes shall be cleared of any pumps, wires, piping, or other materials that may interfere with effective closing.

(2) Wells shall be completely filled with grout using a tremie pipe. Acceptable grout materials include cement, bentonite chips, or 15 percent by volume bentonite grout slurry.

(3) Developed spring sources shall be closed and returned to predevelopment conditions or closed in accordance with agency guidelines.

(4) A timeframe for the implementation of the closure plan, which shall not be later than one year following the cessation of operating the source.

(b) Notice of conversion. A permitted source shall file a notice of conversion when the permittee converts a source permitted under this rule to a different use that is not subject to a permit under this rule. Upon the day a notice of conversion is received, the permit shall be considered voluntarily revoked.

412 Renewal of Groundwater Withdrawal Permits

(a) Any permittee wishing to renew a groundwater withdrawal permit shall submit an application for a permit renewal at least one year prior to its expiration date.

(b) Minor renewals.

(1) If no change to the approved withdrawal rate is proposed at the time of permit renewal, the renewal application shall include:

(A) The name, mailing address, parcel ID number, and daytime phone number of the permittee;

(B) The permittee's written certification that no change to the previously-approved withdrawal rate is being sought;

(C) An updated inventory of contaminant sources within the area of influence of the withdrawal;

(D) An updated water user and resource inventory within the area of influence of the withdrawal;

(E) An updated map identifying any new tracts of land within the area of influence of the withdrawal that have been formed since original issuance of the permit, or most recent renewal and a description of the water source or sources for the new tracts of land; and

(F) Where monitoring has been performed as part of the permit: A written summary of observations of impacts and any modifications to the impact monitoring program since issuance of the permit; and a written summary of the volume of groundwater produced by the withdrawal since issuance of the permit.

(2) The minor renewal application may reference information already contained in the secretary files if the information has not changed since the most recent permit was issued and meets the current criteria outlined in these rules.

(3) Notice. The applicant shall provide notice of the minor renewal to all other landowners and mobile home park residents in the area of influence, or in the case of springs, one quarter mile downstream from the source, and post a copy of the minor renewal in the town clerk's office of the municipality where the project is located. The notice shall provide the following information:

(A) The location and a brief description of the proposed renewal.

(B) Locations where copies of the application may be obtained.

(C) That a public comment period is open for 30 days from the date of the application and that comments should be directed to the water supply division of the Agency.

(4) Informational meeting. The secretary may, on his or her motion or by a petition by a member of the public, call a public informational meeting. This meeting shall be noticed at least 10 days before the meeting in the same manner as subsection (b)(3) of this section.

(5) A renewed permit shall be valid for a period of no more than 10 years, provided, however, that there shall be no limit on the number of renewals that a permittee may request.

(c) Major renewals. Any renewal that is not a minor renewal is a major renewal. Major renewals shall be treated as a new application. An application for a major renewal shall be reviewed by the secretary in the same manner as a new application.

413 Revocation

(a) General. The Secretary may revoke a permit either in response to a petition or on his or her own motion.

(b) Bases for revocation: The bases for revocation are:

(1) violation of a permit condition;

(2) false or misleading information submitted in support of the permit;

(3) violation or failure to comply with the provisions of these rules or authorizing statutes;

(4) the permitted withdrawal is causing an undue adverse impact; or

(5) a petition to revoke submitted by the permittee.

(c) Petition for revocation. All petitions for revocation shall be addressed to the Secretary, shall be copied to the permittee and shall include:

(1) the name, address, and telephone number of the petitioner;

(2) the signature of the petitioner;

(3) identification of the specific statutory provision, rule, or permit condition that form the basis of the petition;

(4) a statement of the petitioner's interest in the matter and the petitioner's contentions, including the alleged basis for the revocation of the permit; and

(5) a statement that a copy of the petition for revocation has been sent by the petitioner to the permittee.

(d) Party Status. The Secretary shall determine the right of the petitioner or other persons requesting party status to participate in the proceedings. In determining party status, the Secretary shall consider whether the person is aggrieved. For purposes of this subsection, "person aggrieved" means a person who alleges an injury to a particularized interest protected by this rule, attributable to the activities authorized under the permit that can be redressed by the Secretary. The secretary and the municipality in which the project at issue is located are automatically parties in a revocation proceeding.

(e) Interested Person Status. Any person who is interested in the revocation proceeding may submit comments on the revocation to the Secretary. Interested persons shall not have Party Status and shall not be allowed to participate in any hearing that takes place on the revocation.

(f) Notice of revocation hearing. Notice of a petition for revocation of a permit shall be sent to the permittee, the municipality in which the project is located, and all other parties who would receive notice under § 24-404(b). The notice shall be issued at least two weeks prior to hearing and shall include the following information:

(1) the legal authority for revocation;

(2) a brief statement of facts upon which the proposed action is based;

(3) a statement that the Secretary will hold a hearing for the purpose of determining whether the permit shall be revoked; and

(4) the date, time, and place where the hearing will be held.

(g) Hearing. The hearing in a contested case shall be conducted by the Secretary. Any party to the revocation proceedings shall either appear in person shall be represented by an attorney, or appear at the proceeding with an attorney. The burden of proceeding and of proving that the permit should be revoked shall be upon the party petitioning for revocation. The admissibility of evidence in all revocation proceedings shall be determined under criteria set forth in 3 V.S.A. § 810. Upon the request of a party, a hearing shall be transcribed by a qualified stenographer or recorded on an electronic sound device at the election of the party. If transcription by a stenographer is requested, the request shall be in writing and filed at least 10 days before the hearing. Costs shall be borne by the requesting party. The requesting party shall provide one copy of the transcript to the Secretary without cost; other parties wishing a copy shall reimburse the requesting party on a prorated basis.

(h) Examination of evidence, decision and order. The examination of evidence, decision and order shall be governed by the provisions of 3 V.S.A. §§ 811 and 812. The final decision shall be made within 30 days after the close of the hearing. This decision shall constitute the final decision of the Secretary. Prior to making a final decision, the Secretary shall consider comments submitted by Interested Persons. Copies shall be sent to the permittee, other parties, the legislative body of the municipality, and all affected municipal and regional planning commissions.

(i) Voluntary revocation. Notwithstanding the other provisions of this section, the permittee may voluntarily waive the right to have a hearing, in which case the permit may be administratively revoked by the Secretary

414 Variances

(a) To request a variance, applicant shall submit the following information in writing to the Secretary:

(1) The name, mailing address, and daytime telephone number of the person requesting the variance and, if the person is other than an individual, the name and daytime telephone number of an individual who can be contacted regarding the request;

(2) Identification of the source to which the variance request relates by applicant name and municipality and, if a permit has already been issued, the permit number and date of issuance;

(3) Identification of the specific section of the rule for which the variance is being sought. Variances under this rule are limited to variances from:

(1) the setback requirement of § 24-501(b);

(2) the source construction standards of § 24-502(c); and

(3) the source testing requirements of § 24-509;

(4) A full explanation of why a variance is necessary, including the likely consequences if the variance is not granted;

(5) A full explanation of the alternative that will be implemented in lieu of the rule requirement with a full explanation of how the alternative will be as protective of human health and the environment, including groundwater quantity, as adhering to the rule;

(6) Whether the variance is needed for a limited time and, if so, what that time period is; and

(7) A full explanation of how the benefits of granting a variance are consistent with the intent of this rule and 10 V.S.A. Chapter 48.

(b) Notice. Prior to a variance request to the Secretary, the applicant shall provide documentation of compliance to the secretary of the following notice requirements:

(1) Send a complete copy of the variance request to each of the following:

(A) The clerk, legislative body, and conservation commission in the municipality in which the project is located.

(B) The clerk of adjoining municipalities.

(C) The regional planning commission of the area where the project is located.

(D) Any public water system permitted by the agency of natural resources in the municipality where the proposed withdrawal is located.

(E) All landowners and mobile home park residents within the area of influence of the proposed source or within one quarter mile downstream from a proposed source that is a spring. Notice to the officers of a condominium association shall be deemed sufficient under this subdivision for notice to residents of a condominium.

(F) At the time the notice is provided to the public, publish notice in a newspaper of general circulation in the area of the proposed withdrawal and that a public comment period is open for 30 days from the submittal date of the application and that comments shall be directed to the water supply division of the Agency.

(2) A copy of the notice required under this subsection shall be posted in the municipal clerk's office of the municipality in which the proposed source is located.

(c) The Secretary after considering all comment shall grant a variance if the Secretary finds that:

(1) The alternative proposed, if any, will be as protective of human health and the environment, including groundwater quality and quantity, as adhering to the rule; and

(2) The benefits of granting a variance are consistent with the intent this rule and 10 V.S.A. Chapter 48.

(d) In granting a variance, the Secretary shall impose such conditions, including time limitations, as the secretary deems necessary to ensure that the criteria specified in subsection (c) of this section will be met.

(e) No variance shall be granted if the effect of the variance would be to waive or modify a statutory requirement. The Secretary shall issue a written decision on a request for a variance. If the variance is denied, the denial shall specifically set forth the reason for the denial.

SUBCHAPTER 5 TECHNICAL STANDARDS

501 Siting Sources

(a) An applicant shall have permanent legal access over the land surrounding the source sufficient to ensure access to the source, maintenance of the source, and protection of the aquifer from a direct discharge to the withdrawal point.

(b) A source shall be located at a distance sufficient to ensure that the source does not result in the migration of fertilizers or pesticides used on agricultural crop land. In no case may a source be nearer than 50 feet from the property line when the adjacent property is used as agricultural crop land;

(c) Proposed sources shall be located where they will not be subject to damage from vehicles or similar hazards.

(d) Proposed sources developed for the purpose of bottled or bulk water shall have ownership or legal control to Zone 1 of the source protection area established for that source.

502 Proposed Source Construction Plan

(a) Plan required. A proposed source construction plan is required prior to the installation of the proposed source to protect the groundwater and other water resources. The source construction plan shall include the following:

(1) A erosion prevision sediment control plan that describes measures to prevent erosion and control sediment;

(2) Measures to be put into place that prevent unpermitted discharges to surface waters;

(3) A groundwater contamination prevention plan that provides specific measures to prevent groundwater contamination including:

(A) The source construction and techniques that will be used.

(B) The proposed site grading and runoff control designed to prevent runoff and surface water infiltration at the proposed source.

(C) Measures that ensure that all source construction shall be thoroughly cleaned and decontaminated before use.

(4) A proposed source drilled, driven or bored greater than 20 feet deep shall be installed by a Vermont licensed well driller who shall file a report with the secretary within 90 days of completion in accordance with the well driller licensing rule.

(b) Construction standards for springs. The following are acceptable materials in the construction of a spring source: grouted concrete tiles; concrete cast in place; or metallic or plastic casing. The applicant shall demonstrate the long term structural integrity and the chemical inertness of the material proposed for use.

(c) Construction standards for wells.

(1) Casing. The casing and liner material used on all water sources shall be of such strength and composition as to prevent the movement of water or contaminants into or out of the water source in the interval cased. The casing or liner shall not distort, collapse, crack, or disintegrate during placement or under normal conditions. The casing and liner shall be adequate to provide for the installation, removal, and maintenance as appropriate of caps, pitless adapters, screens, pumps, pipes, wires or other devices that may be used. Any casing that is driven shall be protected with a firmly attached drive shoe or equivalent. All steel casing shall have full circumferential welds or threaded coupling joints.

(2) Grout.

(A) Grouting or the use of a grout mixture is required and under the following conditions:

(i) Filling the annular space as required in subsection (d)(4) of this section.

(ii) Plugging abandoned wells.

(iii) As needed in the construction or closure of monitoring wells.

(B) A grouting material or mixture shall:

(i) Allow negligible movement of all fluids in the annular space.

(ii) Support and secure the casing.

(iii) Provide negligible shrinkage, breakage, or deterioration of the grout after placement.

(3) Annular space. The annular space shall be grouted for the full length of the unscreened portion of the casing, or the portion thereof below the frost line or pitless adaptor, so that no fluids may move in the zone needing to be grouted.

Note: Under most conditions, driven steel casing shall be considered to have no annular space provided no pilot hole larger than the casing has been drilled below the depth of the pitless adaptor or the frost line.

(4) Finishing.

(A) Each well shall be finished to prevent damage to the well and minimize the potential for contamination.

(B) The well casing shall extend not less than 18 inches above existing grade, or at least 12 inches above the pump house floor or concrete apron surface. The well shall be covered with a temporary or permanent tight fitting cap or protective structure which cannot be removed or opened without the use of tools, a key, or a combination.

(C) If a proposed source will have an underground enclosure it shall be designed to prevent intrusion by persons or animals and shall be passively drained to prevent any ponding of water in the enclosure. The source shall be capped with a water tight cap meeting the Standard for Watertight Well Caps (PAS-2) adopted by the Water Systems Council, Chicago, IL. A sanitary seal shall not be used. Any source that is buried in a pit, or underground enclosure shall be separately vented. The wiring for the pump shall either be sealed for water tightness where it enters the cap or be contained in a watertight conduit system.

(D) No water source shall be finished, vented or capped in a manner that has any similarity to any oil or gas filling pipe unless specifically and permanently labeled to prevent confusion.

(5) Flowing artesian wells.

(A) All flowing artesian wells shall be constructed, finished, and capped in a manner to prevent depletion of the aquifer, loss of artesian pressure, and erosion of the aquifer confining materials or the land surface. For flowing artesian wells required to be grouted, cement grout is preferred.

(B) Permanent casing and grout shall be provided.

(C) Flowing artesian wells shall not discharge to the ground surface or to a water resource.

(6) Source identification. Proposed sources shall be adequately and permanently identified and marked with a well tag.

(d) Construction standards for monitoring wells. The proposed source construction plan shall describe the installation method or methods and specifications for monitoring wells. The plan shall state whether the monitoring wells are temporary or permanent.

(e) Construction standards for bottled and bulk water systems. A proposed source with the purpose of bottled or bulk water shall be constructed in accordance with the Vermont Water Supply Rule, Appendix A, Subchapter 12 (construction requirements for public water systems).

503 Initial Conceptual Hydrogeologic Model and Area of Influence

(a) The initial conceptual hydrogeologic model of the withdrawal shall be developed by a qualified professional and identify the sources of information used to develop the model. The initial conceptual hydrogeologic model shall be based on information including:

(1) An inventory of existing sources and uses prepared consistent with § 24 - 504.

(2) A inventory of surface waters and significant wetlands prepared consistent with § 24-505.

(3) An inventory of contamination sources prepared consistent with § 24-506.

(4) Hydrogeologic mapping information such as surficial material, lineament, and bedrock or other remote sensing analysis.

(5) Geophysical data, if available.

(6) Available climatological data including precipitation data from National Oceanic and Atmospheric Administration and United States Geological Survey stream gauging flow data.

(7) Other data as appropriate.

(b) Where dated environmental data is used to develop the initial conceptual hydrogeologic model, such data shall be adjusted to account for any major land use changes that have occurred.

(c) The initial conceptual hydrogeologic model shall be based on the operation of the withdrawal at the proposed rate without any recharge to groundwater from rainfall or snowmelt over a period of 180 consecutive days.

(d) The initial conceptual hydrogeologic model shall include:

(1) A description of the geology and geomorphology of the region including the governing hydrogeologic characteristics of the bedrock and surficial geologic formations, including Natural Resource Conservation Service soil maps, as applicable.

(2) Generalized geologic cross-sections through the region, including at least one through the site of the proposed source, based on available information such as well logs, geologic reports, maps, and subsurface data.

(3) An estimated delineation of the area of influence.

(e) The estimated extent of the area of influence and each of its components shall be presented on a United States Geological Survey topographic map or maps at a scale of 1:24,000 or 1:25,000, or at a scale that gives greater detail:

(f) A description of the hydrogeologic cycle and a water budget for the area of influence shall be prepared that describes:

(1) The amounts and timing of precipitation, runoff, infiltration, evapotranspiration, change in storage, based on available climatological data including climatological normals.

(2) The distribution and availability of water necessary to maintain natural resources, existing water uses, and the proposed withdrawal.

(3) The locations and amounts of water use, consumption, discharge, and recharge of water to and from the area of influence.

(4) A description of the likelihood that the proposed source will create an undue adverse effect, considering the water budget, recharge and discharge rates, change in storage.

(g) A preliminary description of the groundwater flow regime for the area of influence that describes hydraulic boundaries, recharge characteristics, and the interaction of surface waters and significant wetlands associated with the withdrawal shall be prepared that includes:

(1) Hydrogeologic conditions, in any unconfined, confining, or semi- confining layers of the overburden, and in the bedrock aquifer.

(2) A description of groundwater flow both in horizontal and vertical directions, under ambient and conceptual operating conditions.

(3) Hydrogeologic influences of regional groundwater flow from all aquifers and surface water bodies, or other water resources in hydraulic communication with the proposed source.

(4) Preferential groundwater flow pathways caused by the properties of the deposits or bedrock.

(h) The initial conceptual hydrogeologic model shall identify data needed to refine the model to complete the report required in § 24-512. Where data gaps are identified during the development of initial conceptual the hydrogeologic model, the model shall:

(1) Identify the data gaps and their significance to understanding the potential impacts of the proposed withdrawal.

(2) Estimate the reasonably suspected hydrogeologic scenario associated with the withdrawal that could occur given the known and unknown model parameters.

504 Inventory of Existing Sources and Uses

(a) The inventory of existing sources and uses in the estimated area of contribution for bottled water or bulk water sources and in the area of influence for all other sources shall:

(1) Identify information sources and describe efforts to collect information pertaining to existing sources and uses within the area of contribution or area of influence as the case may be.

(2) Be used to estimate withdrawal effects in accordance with § 24-507, and to develop notice to interested persons required by subchapter 4 of this rule.

(b) The inventory of existing sources and uses shall be based on the following:

(1) Agency records of existing sources and uses.

(2) Published reports.

(3) Municipal and public inventories, tax maps, and records.

(4) A visual or windshield survey conducted by a qualified professional.

(5) Other records, as available.

(c) The inventory shall identify the use, the purpose of the use, an estimate of the quantity of the use, the tax map and the parcel ID number of the tract of land on which the use occurs, and the name and mailing address of each property owner and operator for each of the following:

(1) Public and potable water supply withdrawals and impoundments.

(2) Users of groundwater and surface water, whether permitted or not permitted. Users of groundwater and surface water include withdrawals, recharges, permitted surface water discharges, and underground injection control authorizations.

(3) Areas served by public or private sewer and the locations of the discharge.

(4) Any other existing source and water uses that might be influenced by the withdrawal.

(d) To the extent the information is available in records of the Agency, provided by source owner, or otherwise known, the inventory of water sources pursuant to subsection (c)(1) of this section shall include the following information:

(1) The installation date of the source and the name and license number of the well installer.

(2) The type of source and its specifications, including overall depth, casing depth, depth to water in the source, depth to bedrock, water source diameter, and water source yield.

(3) Well pump size, depth, and age.

(4) The total number of existing sources on the property.

(5) The number of individuals served by the source.

(6) A description of water treatment equipment installed, if any.

(7) A description of water quantity or water quality problems with the source.

(e) The complete inventory of water resources and uses in the area of influence shall be presented on a USGS topographic map at a scale of 1:24,000 or 1:25,000, or at a scale that gives greater detail

(f) The map required by subsection (e) of this section shall include a map legend that specifies the title, date, and scale of the map and includes a north arrow.

505 Inventory of Surface Waters and Significant Wetlands

(a) The inventory of surface waters and significant wetlands in the estimated area of influence shall:

(1) Identify information sources and describe efforts to collect information pertaining to surface waters and significant wetlands within the area of influence.

(2) Be used to estimate withdrawal effects in accordance with § 24-507and develop the notice to interested persons required by subchapter 4.

(3) If the applicant is denied access, the inventory shall based upon data collected from other information sources.

(b) The inventory of surface waters and significant wetlands shall be based on the following:

(1) Agency records of existing sources and uses.

(2) Published reports.

(3) Municipal and public inventories, tax maps, and records.

(4) A visual or windshield survey conducted by a qualified professional.

(5) Other records, as available.

(c) The inventory shall identify the type and location of each water-related natural resource in the area of influence, including surface waters, significant wetlands, springs, vernal pools, and any other water-related natural resources that might be influenced by the withdrawal. The inventory shall:

(1) provide the tax map and parcel ID number of the tract of land on which the surface water or significant wetland lies, and the name and mailing address of each property owner operator;

(2) Describe the current regulatory status of the surface water or significant wetland (e.g. permits issued, if any);

(3) Describe the designated uses of the surface water as provided in its classification in the Vermont Water Quality standards; and provide a list of existing uses of surface water, as identified in accordance with the Agency's anti-degradation implementation policy or rule, whichever is effective.

(d) The complete inventory of water resources and uses in the area of influence shall be presented on a USGS topographic map at a scale of 1:24,000 or 1:25,000, or at a scale that gives greater detail.

(e) The map required by subsection (d) of this section shall include a map legend that specifies the title, date, and scale of the map and includes a north arrow.

506 Inventory of Potential Contamination Sources

(a) An inventory of known and potential contaminant sources in the estimated area of contribution for bottled water or bulk water sources and in the area of influence for all other sources.

(b) The potential contamination source inventory shall:

(1) Be compiled from a search of the following information sources:

(A) Records at the Agency.

(B) Records at the municipalities.

(C) Other records, as available.

(D) A visual or windshield survey.

(2) Identify and describe all known and potential contamination sources, by providing the following information for each known and potential source of contamination:

(A) The site name, parcel ID number, and physical address.

(B) The name and mailing address of each property owner and operator.

(C) For each known source of contamination, a description of the nature and extent of contamination, the agency site identification number, and the status of any site investigation or remedial action.

507 Estimation of Withdrawal Effects

(a) The estimated effects of the proposed withdrawal on water resources and existing sources and uses in the potential area of influence shall be completed as follows:

(1) Be based on the hydrogeologic model and the potential area of influence identified pursuant to § 24-503.

(2) Be prepared by a qualified professional.

(3) Evaluate the likelihood of affecting the extent of known or potential groundwater contamination identified in the inventory prepared pursuant to § 24-506.

(4) The withdrawal of water shall not cause a contaminant to adversely effect an existing source's water quality.

(5) Quantify impacts on existing sources and uses identified in the inventory prepared pursuant to § 24-504.

(6) Quantify impacts on surface water and significant wetlands identified in the inventory prepared pursuant to § 24-505.

(7) Evaluate the likelihood that the proposed withdrawal will result in an undue adverse effect or not result in a safe yield.

(b) The applicant shall describe any limitations to the estimate of the withdrawal effects, including but not limited to those arising from data gaps or the complexity of the geology.

508 Source Testing Program Design

(a) The source testing program shall be designed to:

(1) Estimate the effects of the withdrawal on existing sources and uses, surface waters and significant wetlands, and potential contaminant sources under conceptual hydrogeologic model pumping conditions, that is, 180 days of continuous operation of the withdrawal at the requested rate without direct recharge to groundwater from rainfall or snowmelt; and determine whether the proposed withdrawal represents a safe yield.

(2) Estimate the effects of the source under hydrogeologic model conditions and analyze whether the proposed source does or does not create an undue adverse effect at the proposed withdrawal rate.

(3) Address critical data gaps, limitations, or insufficiencies identified in § 24 - 503 and § 24-507 that are necessary to complete the impact assessment.

(b) If the Secretary determines that the proposed testing program may result in an undue adverse effect to existing sources or uses, surface water, significant wetlands, or may impact a contaminant source, the Secretary may require that the applicant prepare a monitoring and mitigation plan for the source testing program for review and approval by the secretary.

(c) The program shall be designed by a qualified professional and performed by or under the direction of a qualified professional;

(d) As part of the source testing, the applicant shall provide a request for access and informational letter for owners of existing sources and water resources, and for property owners where a surface water or significant wetland is located within the area of influence The request for access and informational letter shall contain the following:

(1) Include the items from an example form letter supplied by the Secretary.

(2) Request monitoring permission and a written response.

(3) Clearly state that it is the applicant's responsibility to prepare the source for monitoring, offer to sample for bacteria (e.coli) prior to and after monitoring at applicant's expense, and offer for the disinfection of the source after monitoring has taken place.

(4) State the monitoring requirements.

(5) Inform the source user and owner that the applicant will supply potable water or cease the withdrawal test should their water supply needs not be met due to withdrawal testing activities.

(6) Identify the name and telephone number of the individual who should be contacted in the event of a water outage during testing.

(7) Be sent via certified mail with return receipt requested, or by another method that demonstrates receipt of the notice, at least 14 days prior to commencing the withdrawal testing program.

(8) Inform the source user and owner that all complaints of an applicant's performance with this notice may be directed towards to the Agency of Natural Resources and provide the name and telephone number of the person handling the permit application at the Agency.

(e) The proposed source testing program shall include the measurement and observation of a representative number and variety of existing sources and water resources so that the data can be used to estimate effects on all water resources and users that might be adversely impacted.

(f) If the applicant is unable to monitor a existing source or water resource, the estimate of the effect of the withdrawal shall:

(1) Be based upon data collected from other nearby sources or water resources that represent the sources or water resources that could not be monitored; or

(2) Be based on an estimate using data collected during the withdrawal testing and analytical techniques.

(g) For all proposed sources, the source testing production rate shall equal or exceed the rate requested in the permit application.

Note: the source testing discharge rate may be less than the rate requested in the permit application, however the rate permitted shall not be greater than the actual withdrawal testing discharge rate.

(h) The source testing program shall be designed to provide data to:

(1) Demonstrate production of the maximum withdrawal rate requested for each proposed source;

(2) Identify the responses of the aquifer and other water resources;

(3) Refine the hydrogeologic model and area of influence delineation in accordance with § 24-510;

(4) Quantify the effects of the source and conclude if the impacts meet the criteria for an undue adverse effects as specified by § 24-511;

(i) For proposed sources with a purpose of withdrawing for bottled or bulk water purposes, immediately following the conclusion of the source test the applicant shall test for the following:

(1) constituents identified in the Vermont Water Supply Rule Section 6.12, Table 6-1 (maximum contaminant levels) where it is indicated that initial source testing is required.

(2) constituents identified in the Vermont Water Supply Rule Section 6.13, Table 6-2 (secondary contaminants) where it is indicated that initial source testing is required.

(j) For proposed sources with a purpose of withdrawing for bottled or bulk water purposes, determine whether the proposed source is groundwater under the direct influence of surface water as required by Vermont Water Supply Rule Appendix A Section 3.4.

(k) The source testing program shall comply with withdrawal testing requirements in § 24-509.

(l) Source testing and evaluation methods, procedures, data, laboratory reports, and other supporting documentation shall be presented in the final report required by § 24-512.

509 Source Testing Requirements

(a) Springs

(1) Yields for springs shall be determined using one of the following methods:

(A) With prior approval by the Secretary, spring yields may be determined from weekly measurements collected between June 1 to November 1. The spring yield determined by this method shall be the minimum flow measured during that period divided by four.

(B) The applicant shall conduct a detailed hydrologic low flow analysis, which must, at a minimum, include monitoring of spring yield on a weekly basis from July 1 to October 15 and from December 15 to March 15 during expected low flow conditions. Monitoring of spring yield for high flow analysis shall occur on a weekly basis from March 15 to July 1 and from October 15 to December 15. The high flow data shall be used to determine the upper withdrawal limit and aerial extent of the recharge area to the spring. The flow data collected during a detailed hydrologic low flow analysis will be used to determine the spring yield in a 1Q20 low flow condition.

(2) If proposed by the applicant in the source testing program developed in accordance with § 24-508, and approved by the Secretary, the flow monitoring may also include a nearby stream or river to provide data to aid in the comparative flow analysis.

(4) A comparative flow analysis based on long term flow data from a gauged watershed (e.g., a watershed with a long term USGS gauging station) similar in hydrogeology to the area in which the proposed source spring is located shall be completed to calculate the 1Q20 flow of the spring.

(5) Spring sources shall have a minimum flow rate established that takes into account other uses or allocations for existing sources and water resources in the area of influence. An upper limit on withdrawal rate will also be established based on the high flow measurements.

(b) Pumped groundwater sources

(1) All pumping tests shall consist of and be conducted in the following order: pre-test water level monitoring of the proposed source, existing sources, and water resources, see subsection (b)(4) of this section,; a pumping test; a recovery test; recovery test water level monitoring of the proposed source, existing sources, and water resources, see subsection (b)(6)(B) of this section. The recovery test shall immediately follow the pumping test. Precipitation monitoring shall occur during the entire testing period. All testing data and evaluations (including graphical) appropriate to the testing program shall be provided to the Secretary.

(2) If proposed by the applicant in the source testing program developed in accordance with § 24-508, and approved by the Secretary, a short term (i.e., 24-hours or less) test (e.g., step-drawdown test, short term constant discharge test) may be completed to aid in the design of the long term pumping test. Details of such testing shall be included in the source testing program.

(3) Under special circumstances (e.g., possibly associated with the testing of a flowing artesian well), the applicant may propose alternative withdrawal testing procedures (e.g., constant head test) in the source testing program. If proposed, specific details of such testing must be included in the source testing program, including methodologies to evaluate potential impacts to existing sources and water resources. If approved by the Secretary, the alternative testing shall be completed in strict accordance with the methods presented in the source testing program.

(4) Pre-Test Water Level Monitoring

(A) Pre-test water level monitoring in the proposed source, existing sources, and water resources shall occur at all monitoring locations included in the source testing program.

(B) Pre-test water level measurements shall be collected, at a minimum, every four hours for two days prior to the pumping test.

(C) Pre-test monitoring of existing sources in use shall include measurements taken at a time following their longest recovery period, usually between 3 and 5 A.M.

(D) The source testing program prepared by the applicant may include a longer duration or a greater frequency of pre-test monitoring. If approved by the Secretary, this modified pre-test water level monitoring shall occur in strict accordance with the source testing program.

(5) Pumping Test

(A) The pumping test shall be conducted after full recovery from any short term testing (e.g., step-drawdown test, short-term constant discharge test) that may have occurred prior to the start of the pumping test.

(B) The following table shall be used to determine the duration and discharge fluctuations for pumping tests:

| Pumping Test Rate (GPM) | Test Duration | Discharge Within: | | --- | --- | --- | | 40 - 49 | 72 hours | 5% | | 50 - 99 | 96 hours | 3% | | 100 - 199 | 120 hours | 3% | | 200+ | 168 hours | 3% |

(i) Discharge shall be held constant within the limits presented in the table above. Meter accuracy shall be verified by another independent method (e.g., calibrated bucket and stopwatch).

(ii) Measurements in the proposed source, existing sources, and water resources shall be collected to the nearest 10th of a foot.

(C) During pumping tests, water level and discharge readings measured at the proposed source shall be collected at a frequency sufficient to allow for accurate aquifer characterization and data analysis. The following table presents suggested reading frequencies.

| ELAPSED TIME (MIN) | READING FREQUENCY | | --- | --- | | 0-10 | every 1 minute | | 10-30 | every 2 minutes | | 30-90 | every 5 minutes | | 90-180 | every 10 minutes | | 180-420 | every 30 minutes | | 420-1440 | every 60 minutes | | 1440-end of test | every 2 to 4 hours |

(D) During pumping tests, water levels at all existing sources and water resources identified in the source testing program shall be monitored.

(i) Water level readings shall be collected every four hours or more frequently.

(ii) Monitoring of existing sources shall include measurements taken at a time following their longest recovery period, usually between 3 and 5 A.M.

(E) The first 24 hours of the pumping test shall be free of interruptions. If an interruption occurs the test shall be terminated, the source allowed to fully recover, and the test restarted. After the first 24 hours, if the pumping test is interrupted a total of two hours or longer, the test shall be terminated, the source allowed to fully recover, and the test restarted.

(F) The horizontal location shall be established using global positioning system (GPS) technology referenced to NAD83 and reported in units of degrees and minutes and seconds of latitude and longitude with at least three decimal places of precision, or an alternative map or method that provides a higher degree of accuracy; and

(G) The vertical reference point elevation shall be established by (a) reference to a surveyed vertical reference point when one is available at the withdrawal site or monitoring well network, (b) using a global positioning system (GPS) technology referenced National Geodetic Vertical Datum 1988 and with the vertical reference point elevation being accurate to +/- 0.1 foot (c) a method that provides a higher degree of accuracy.

(6) Recovery Testing

(A) Recovery tests shall be conducted immediately following the pumping test and shall include the following:

(i) Water level measurements to the nearest 10th of a foot in the proposed source.

(ii) Monitoring for two days or complete recovery in the proposed source, whichever occurs first.

(iii) Monitoring of water level at timed intervals that will result in evenly spaced plots on semi-logarithmic paper. Suggested times of recovery measurement beginning when the pumping test is terminated are as follows:

| RECOVERY TIME (MIN) | FREQUENCY | | --- | --- | | 0-10 | every 1 minute | | 10-20 | every 2 minutes | | 20-60 | every 5 minutes | | 60-120 | every 15 minutes | | 120-360 | every 60 minutes | | 360-600 | every 120 minutes | | 600-2880 | every 240 minutes |

(B) Post-pumping test water level monitoring at all existing sources and water resources shall continue during the recovery test period.

(i) Water level readings shall be collected every four 4 hours or more frequently.

(ii) Monitoring of existing sources shall include measurements taken at a time following their longest recovery period, usually between 3 and 5 A.M.

(7) Precipitation Monitoring

(A) Precipitation data sufficient to determine timing, amount, and type of precipitation shall be collected during the entire testing period (i.e., from the start of the pre-test monitoring to the end of the post-test monitoring). Precipitation data can be collected on-site or be from a nearby National Oceanographic and Atmospheric Administration (NOAA) weather station or NOAA-certified cooperative observation site.

(8) Pumping Test Data Analysis

(A) All yield and interference analyses shall use methodologies appropriate to the hydrogeologic setting and aquifer type (e.g., unconfined, confined).

(B) Pumping test and recovery test data shall be used to calculate aquifer parameters such as transmissivity and storativity.

(C) All analyses shall be completed using standard and accepted methodologies, as presented in published texts or peer-reviewed scientific journals, unless alternative methodologies are previously approved by the Secretary.

(D) A minimum of two methodologies shall be used to allow for comparison of results and to determine if additional methodologies should be used.

(E) Graphs of drawdown vs. time on cartesian and semi-log and/or log-log paper and graphs of distance vs. drawdown, if appropriate, shall be included for the proposed source, existing sources, and water resources shall be included in the data analysis. A graph of discharge vs. time shall be included on graphs for the proposed source, and precipitation data shall be plotted on each graph of time vs. drawdown for all existing sources and water resources monitored.

(F) The total available head used in yield and interference analyses shall be limited to the maximum drawdown achieved during the withdrawal testing unless limited further by subsection (b)(8)(G) of this section or by a hydraulic base of the source identified during the withdrawal testing that is above the tested depth of the source.

(G) Proposed sources that may be subject to future interference shall be allowed to use only up to 90% of the total available head in the yield analysis. This requirement may be waived by the Secretary for sources at the same place of business or on the same tract of land.

(H) The yield determination shall take into consideration the measured and predicted impacts to existing sources and water resources and any permitted groundwater or water resource uses in the estimated area of influence. Also, seasonal low static water level and hydrogeologic boundaries affecting the aquifer shall be considered in the yield analysis.

510 Conceptual Hydrogeologic Model Refinement

(a) The applicant shall refine the initial conceptual hydrogeologic model developed in accordance with § 24-503 based on results of the source testing completed in accordance with § 24-509.

(b) If, after the source testing, the applicant elects to reduce the withdrawal volume proposed pursuant to § 24-404(a)(3), the applicant shall refine the initial conceptual hydrogeologic model to reflect the revised proposed withdrawal rate.

(c) Hydrogeologic model refinement shall include a refinement of the area of influence estimated in accordance with § 24-503.

(d) The refined hydrogeologic model and area of influence delineation shall be presented with supporting documentation in the final report prepared in accordance with § 24-512.

510 Revisions to Contamination Sources, Existing Sources, and Water Resources Inventories

Inventories generated pursuant to §§ 24-504, 505, and 506 used within the final report shall be not more 90 days old on the date of the final report submittal. The applicant shall present the updated and revised inventories in the final report prepared in accordance with § 24-512.

511 Undue Adverse Effect Criteria

(a) For all groundwater withdrawals, a proposed source will be presumed to not have an undue adverse effect when:

(1) For effects on surface water:

(A) If a proposed source does not have a hydrogeologic connection to a surface water within the area of influence, the proposed source is presumed to have no undue adverse effect.

(B) If a proposed source does have a hydrogeologic connection to a surface water, the proposed source shall be presumed to not result in an undue adverse effect to surface water, if the following can be demonstrated:

(i) For proposed sources that are hydrogeologically connected to surface waters that have a flow, the applicant shall demonstrate that the hydrology criteria of the water quality standards has been met.

(ii) For proposed sources that are hydrogeolically connected to ponds, lakes, and other surface waters without a discrete surface water outlet, the applicant shall demonstrate there is no measurable change in the elevation of the water surface as a result of the withdrawal.

(2) For effects on significant wetlands, if Secretary determines that a proposed source:

(A) Does not have a hydrogeologic connection to a significant wetland located within the area of influence, the proposed source is presumed to not have an undue adverse effect on that significant wetland.

(B) Has a hydrogeologic connection to a significant wetland, but the applicant demonstrates that the proposed source does not impact any function or value of the significant wetland and there is no loss of significant wetland then the proposed source is presumed to not have an undue adverse effect.

(C) Does have a hydrogeologic connection to a significant wetland, the connection will cause in an impact to functions and values the significant wetland, but the impact has been mitigated in accordance with the Vermont wetlands rules then the proposed source shall be presumed to not have an undue adverse effect.

(3) For effects on existing sources, if the Secretary determines that the proposed source:

(A) Does not have a hydrogeologic connection to an existing source located within the area of influence, the proposed source is presumed to not have an undue adverse effect on that existing source.

(B) Has a hydrogeologic connection to an existing source, but the applicant demonstrates that the proposed source does not effect the ability of the existing source to meet its design demand. For purposes of this subdivision, design demand is the value established by the Vermont Water Supply Rule for a use or a value otherwise approved by the secretary.

512 Final Report

(a) After withdrawal testing pursuant to § 24-509 is completed, the applicant shall submit a final report to the secretary that includes the following:

(1) All information and materials required in §§ 24-502 through 511, including any updates to the name, mailing address, and daytime telephone number of the applicant and, if the applicant is other than an individual, the name, daytime telephone number and, if available, e-mail address of the individual who will serve as the contact person for purposes of the application;

(2) Certifications that the proposed source is consistent with the municipal plan adopted for the municipality in which the proposed source is located and the portion of the plan upon which the certification is based, and also in conformance with the regional plan adopted for the area in which the proposed source is located and the portion of the plan upon which the certification is based.

(3) The estimated effects of the proposed withdrawal on water resources and existing sources in the area of influence shall be documented as follows:

(A) Be based on the refined conceptual hydrogeologic model and the area of influence identified pursuant to § 24-510.

(B) Be prepared by a qualified professional.

(C) Include a requested withdrawal rate(s), including seasonal limitations as appropriate and necessary to prevent undue adverse effects.

(D) Document that the proposed source will not cause undue adverse effects. If an undue adverse effect may take place, the applicant shall propose a plan to mitigate undue adverse effects.

(4) A description of any data gaps or other limitations to the estimate of the withdrawal effects.

(5) For a proposed source that is for bottled water or bulk water purposes, the final report shall develop a source protection area consistent with Vermont Water Supply Rule, Appendix A Section 3.3.1 (source protection areas) and develop a source protection plan consistent with Vermont Water Supply Rule, Appendix A, Subchapter 21-16 (source protection plan).

(6) When mitigation measures to avoid an undue adverse effect are proposed, they shall be documented and made a of a plan that is included in the final report. A mitigation plan shall consider the following mitigation measures, when applicable, to avoid an adverse effect:

(A) Drill affected source deeper and test for water quantity and quality.

(B) Conduct a yield test on an affected source or re-evaluate existing data.

(C) Connect affected water system onto a permitted public water system.

(D) Develop an alternative water source for the affected source.

(E) Present water usage data from the affected water system that documents a reduction in water demand.

(F) If the existing source is a bedrock well, hydrofracture the well or redevelop by other methods, and test for water quantity and quality.

(G) Mitigate impacts to significant wetlands as approved by the secretary.

(H) Other methods of mitigation approved by the secretary.

(b) In selecting a mitigation measure, the applicant shall select a measure that has been agreed to by the applicant and the owner of the effected existing source. A copy of this agreement shall be provided to the secretary

513 Undue Adverse Effect Reporting and Response during Permit Period

(a) Upon discovery of an apparent undue adverse effect, the permittee shall immediately report to the Secretary a description of the undue adverse effect and its potential cause. An undue adverse impact may be from the pumping test or from the operation of a source.

(b) The Secretary shall notify the permittee within five calendar days of the time when the secretary observes, or another person reports to the Secretary, an unmitigated apparent undue adverse or unanticipated effects.

(c) At the written request of any person, the Secretary shall investigate any allegation of an apparent undue adverse effects including hydrogeologic data supporting the occurrence or potential occurrence of an adverse impact, and determine whether an undue adverse impact has occurred.

(d) The secretary shall notify the permittee after reviewing the allegation whether an undue adverse effect has occurred.

(e) The Secretary may require the applicant, on an emergency basis, to provide emergency mitigation of a water source through the provision of bottled water or another alternate source approved by the Secretary.

(f) Once an undue adverse effect is verified the permittee shall:

(1) Reduce or the withdrawal to the point where the undue adverse effect has ceased or cease the withdrawal.

(2) Present a proposal for resolving the undue adverse effect to the Secretary approval;

(3) Initiate steps to resolve the undue adverse effect in accordance with the approved plan; and

(4) Report on the implementation of the approved plan and its effectiveness in resolving the undue adverse effect.

History

• STATUTORY AUTHORITY: 3 V.S.A. § 808; 10 V.S.A. §§ 1392, 1417 to 1419
• EFFECTIVE DATE: December 11, 2009, Secretary of State Rule Log #09-035
• AMENDED: June 22, 2011 Secretary of State Rule Log #11-025

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 021 REGULATION #881, GOVERNING THE IMPORTATION AND POSSESSION OF WILD ANIMALS, EXCLUDING FISH

12-021 Code Vt. R. 12-010-021-X REGULATION #881, GOVERNING THE IMPORTATION AND POSSESSION OF WILD ANIMALS, EXCLUDING FISH

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a) and (b) which authorizes the Board to carry out the purposes of protecting the state's wildlife, and 10 V.S.A. § 4709 which regulates the importation and possession of wild birds and animals in the state and establishes a permit application fee, and 10 V.S.A. § 4152 establishes scientific and education collection permits.

Section 2.0 Purpose

2.1 It is the purpose of this regulation to carry out the mandate of the Vermont General Assembly to control through a permit program the importation and possession of wild animals in Vermont as provided in Title 10 V.S.A. § 4709. It is the purpose of this statute and its regulations to protect the health, safety and welfare of animals, both wild and domestic, to prevent damage to agriculture and livestock, and to protect the health, safety and welfare of human inhabitants of the State of Vermont.

Section 3.0 Definitions

3.1 Wild Animals or Wildlife - All animals, including mammals, birds, amphibians and reptiles, excluding fish and those animals defined by the secretary of agriculture food and markets by rule as pets and those defined as domestic under paragraph 3.2 of this rule. Included in this definition is any part, product, egg, offspring, dead body, or part of the dead body of any such wildlife. Wildlife includes all subspecies of wildlife and any other group of wildlife of the same species, the members of which may interbreed when mature, including any hybrid species except wolf-hybrids. Wild animals taken or possessed, or reared in captivity remain wild animals and are not domestic or tame animals.

3.2 Domestic Birds and Animals- The department shall provide a list of domestic animals and shall update the list as needed, adding or deleting animals as necessary. The list shall be available on the department's web site, from the department's headquarters and from the department's district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.

3.3 Board - Vermont Fish and Wildlife Board

3.4 Department - Vermont Fish and Wildlife Department

3.5 Commercial - To sell, have sold, or offer for sale as defined in Title 10 V.S.A. § 4001(22); barter, exchange and offering or exposing for sale; and possession with the intent to sell, import, or export

3.6 Commissioner

• Fish and Wildlife Department Commissioner as defined in Title 10 V.S.A. § 4001(27)

3.7 Dealer - Any person, who commercially buys or sells any wild animal, as defined in 3.5.

3.8 Unrestricted Wild Animals - those species determined not to conflict with the purposes of this regulation.

3.9 Native Wildlife - Native to the state of Vermont, either historically or at present.

Section 4.0 Importation or Possession of Wild Animals

4.1 Except as otherwise provided by law, it is unlawful for any person to bring into or possess in the State of Vermont any live wild animal, or live ovum or semen thereof, of any kind, unless upon application in writing, the person obtains from the commissioner a permit to do so; or the species of animal, ovum, or semen is listed as a Domestic Bird or Animal, Domestic Pet, or Unrestricted Wild Animal.

4.2 The importation and possession of dead wild animals, in accordance with all laws and regulations applicable in Vermont or the place of origin, for personal use are exempt from this regulation.

4.3 The importation, possession and regulation of pests and beneficial organisms regulated by the Secretary of Agriculture is exempt from this regulation.

Section 5.0 Permits

5.1 Dealer's Permit

All commercial dealers in Vermont, including, but not limited to pet shop owners, persons raising frogs for sale as institutional experimental animals, and all persons who import, export, and/or sell wild birds and animals must first obtain a valid Dealer's Permit from the department.

5.2 Importation and Possession

Except as provided herein, the Commissioner shall not issue a permit for the keeping or possession of any wild animal in captivity, except for bona fide scientific or educational purposes as permitted by (Title 10 V.S.A. § 4152) .

For purposes other than importation and possession for bona fide research and educational purposes, the Commissioner shall not issue a permit unless it has been determined that the wild animal or wildlife proposed to be brought into or possessed in the state does not conflict with the purpose of this regulation. The Commissioner shall establish a list of Unrestricted Wild Animals that do not conflict with the purpose of this regulation, are commonly sold in the pet trade, and do not require an Importation and Possession Permit from the Department.

The Unrestricted Wild Animals List will consist of those species that are determined to be no threat to the state's native wildlife, minimal threat to human health and safety, and suitable as pets for the residents of the state. This list is expected to be revised periodically by the Commissioner depending on recent pet trade trends, disease, and health issues. The list shall be posted on the department web site and made available at the department's central and district offices.

5.3 Scientific and Educational Collection

In accordance with Title 10 V.S.A. § 4152, the Commissioner may issue permits to collect birds, their nests and eggs and wild animals, or their parts thereof, for public scientific research, educational purposes, art, or photography.

5.4 Commercial Collection

Any person who collects any wild animal within the boundaries of the state of Vermont and sells said wild animal must obtain a Commercial Collection Permit from the department.

5.5 Temporary Exhibition

Any person importing or possessing any wild animal for the purposes of temporary exhibition must obtain from the Commissioner a permit to do so; unless the species is listed as a Domestic Bird or Animal, Domestic Pet, or Unrestricted Wild Animal.

5.6 Propagation Licenses

Any person breeding and propagating wild birds and animals in accordance with 10 V.S.A. § 5207 must obtain from the Commissioner a license to do so; unless the species is listed as a Domestic Bird or Animal, Domestic Pet, or Unrestricted Wild Animal.

Section 6.0 Permit Applications

6.1 Applications for a permit for importation and possession, scientific and educational collection, commercial collection, temporary exhibition, or propagation must be complete and submitted to the department on an application form to be provided by the department. For an application to be complete, it must be legible, must contain all of the information requested by the department, shall contain no false statements, must bear the applicant's official signature, and must be accompanied by the required application fee.

Section 7.0 Facilities

7.1 Any person permitted to import, possess, or collect wild animals shall provide adequate facilities as required by the Commissioner. Conditions may be imposed that require specific conditions for captivity or exposure to humans (e.g., prohibit the touching of wild animals by any person other than the permit holder).

Section 8.0 Inspections

8.1 Persons holding a permit for dealer, importation and possession, scientific and educational collection, commercial collection, or temporary exhibition shall allow inspection at reasonable times of their premises, facilities, records and wild animals by a State Game Warden, or other department representative.

8.2 If upon inspection, a wild animal is not being kept as required by the conditions of the permit, or the presence of disease has been determined, destruction of the wild animal may be required by the Commissioner.

Section 9.0 Violations

9.1 Any wild animal that is taken, imported or possessed in violation of this regulation, or is kept in violation of any permit issued may be confiscated and disposed of in accordance with Title 10 V.S.A. § 4513. Permit violations and violations of Part 4 of Title 10 may result in the revocation of the permit.

History

• EFFECTIVE DATE:
• October 31, 1978 Secretary of State Rule Log #78-110
• AMENDED:
• January 24, 2008 Secretary of State Rule Log #08-001
• Statutory Authority: 10 V.S.A. §§ 4081, 4152, 4709

Chapter 022 METHODS OF TAKING, POSSESSING AND TRANSPORTING MIGRATORY GAME BIRDS (940)

12-022 Code Vt. R. 12-010-022-X METHODS OF TAKING, POSSESSING AND TRANSPORTING MIGRATORY GAME BIRDS (940)

(a) Scope of regulations

(1) In general. The regulations contained in this section relate only to the hunting of migratory game birds, and crows.

(2) Procedural and substantive requirements. Migratory game birds may be taken, possessed, transported, shipped, exported, or imported only in accordance with the restrictions, conditions, and requirements contained in this section. Crows may be taken, possessed, transported, exported, or imported only in accordance with subsections (ff) through (hh) of this section.

(b) Relation to other provisions

(1) Migratory bird hunting stamps. The provisions of this section are in addition to the provisions of the Migratory Bird Hunting Stamp Act of 1934 (48 Stat. 451, as amended; 16 U.S.C. 718 a).

(2) National wildlife refuges. The provisions of this section are in addition to, and are not in lieu of, any other provision of law respecting migratory game birds under the National Wildlife Refuge System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 668 dd) or any regulation made pursuant thereto.

(3) Each person hunting migratory game birds in Vermont shall annually register with the Vermont Department of Fish and Wildlife's Harvest Information Program (H.I.P.), and must be able to provide proof of the H.I.P. registration.

(c) Definitions

For the purpose of this section, the following terms shall be construed, respectively, to mean and to include:

(1) "Migratory game birds" means those migratory birds included in the terms of conventions between the United States and any foreign country for the protection of migratory birds, for which open seasons are prescribed in this section and belong to the following families:

(i) Anatidae (ducks, geese, brant, and swans);

(ii) Columbidae (doves and pigeons);

(iii) Gruidae (little brown cranes);

(iv) Rallidae (rails, coots, and gallinules); and

(v) Scolpacidae (woodcock and snipe).

(2) "Open season" means the days on which migratory game birds may lawfully be taken. Each period prescribed as an open season shall be construed to include the first and last days thereof.

(3) "Closed season" means the days on which migratory game birds shall not be taken.

(4) "Daily bag limit" means the maximum number of migratory game birds permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.

(5) "Possession limit" means the number of migratory game birds permitted to be possessed by any one person when lawfully taken in the state for which a possession limit is prescribed.

(6) "Personal abode" means one's principal or ordinary home or dwelling place, as distinguished from his temporary or transient place of abode or dwelling such as a hunting club, or any club house, cabin, tent, or trailer house used as a hunting club, or any hotel, motel, or rooming house used during a hunting, pleasure, or business trip.

(7) "Migratory bird preservation facility" means:

(i) Any person who, at his residence or place of business and for hire or other consideration; or

(ii) Any taxidermist, cold-storage facility or locker plant which, for hire or other consideration; or

(iii) Any hunting club which, in the normal course of operations, receives, possesses, or has in custody any migratory game birds belonging to another person for purposes of picking, cleaning, freezing, processing, storage, or shipment.

(8) "Paraplegic" means an individual afflicted with paralysis of the lower half of the body with involvement of both legs usually due to disease of or injury to the spinal cord.

(9) "Nontoxic shot" includes steel, bismuth/ tin, tungsten/iron, tungsten/polymer, tungsten/ matrix, tungsten/nickel/iron, tungsten/iron/nickel/ tin, tungsten/bronze, tungsten/tin/bismuth, tungsten/iron/copper/nickel, tungsten/tin/iron, or other shot approved by the U.S. Fish and Wildlife Service.

(d) Hunting Methods. Migratory birds on which open seasons are prescribed in this section may be taken by any method except those prohibited in this section. No person shall take migratory game birds:

(1) With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;

(2) With a shotgun of any description capable of holding more than three shells, unless it is plugged with a on-piece filler, incapable of removal without disassembling the gun, so its total capacity does not exceed three shells;

(3) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;

(4) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;

(5) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, That a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;

(6) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;

(7) By the use or aid of recorded or electrically amplified bird calls or sounds, or recorded or electrically amplified imitations of bird calls or sounds;

(8) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; or

(9) By the aid of baiting, or on or over any baited area. As used in this paragraph, "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and "baited area" means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting, or enticing such birds is directly and indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this paragraph shall prohibit:

(i) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and

(ii) The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, That manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grown.

(10) Prohibition on Toxic Shot:

(i) No person shall take waterfowl or coots while possessing loose shot or shot shells loaded with shot other than nontoxic shot, and then of a shot size no larger than size T.

(ii) No person shall take an aggregate or combination of waterfowl/coots and other species while possessing loose shot or shot shell loaded with shot other than nontoxic shot.

(e) Closed seasons. No person shall take migratory game birds during the closed season.

(f) Shooting hours. No person shall take migratory game birds except during the hours open to shooting.

(g) Daily limit. No person shall take in any one calendar day, more than the daily bag limit or aggregate daily bag limit, whichever applies.

(h) Wanton waste of migratory game birds. No person shall kill or cripple any migratory game bird pursuant to this section without making a reasonable effort to retrieve the bird, and retain it in his actual custody, at the place where taken or between that place and either (a) his automobile or principal means of land transportation; or (b) his personal abode or temporary or transient place of lodging; or (c) a migratory bird preservation facility; or (d) a post office; or (e) a common carrier facility.

(i) Possession prohibitions. No person shall at any time, by any means, or in any manner, possess or have in custody any migratory game bird or part thereof, taken in violation of any provision of subsections (d) through (h) of this section.

(j) During closed season. No person shall possess any freshly killed migratory game birds during the closed season.

(k) Possession limit. No person shall possess more migratory game birds taken in this state than the possession limit or the aggregate possession limit, whichever applies.

(l) Opening day of a season. No person on the opening day of the season shall possess any freshly killed migratory game birds in excess of the daily bag limit.

(m) Field possession limit. No person shall possess, have in custody, or transport more than the daily bag limit of migratory game birds, tagged or not tagged, at or between the place where taken and either (a) his automobile or principal means of land transportation; or (b) his personal abode or temporary or transient place of lodging; or (c) a migratory bird preservation facility; or (d) a post office; or (e) a common carrier facility.

(n) Tagging requirement. No person shall put or leave any migratory game birds at any place (other than at his personal abode), or in the custody of another person for picking, cleaning, processing, shipping, transportation, or storage (including temporary storage), or for the purpose of having taxidermy services performed, unless such birds have a tag attached, signed by the hunter, stating his address, the total number and species of birds, and the date such birds were killed. Migratory game birds being transported in any vehicle as the personal baggage of the possessor shall not be considered as being in storage or temporary storage.

(o) Custody of birds of another. No person shall receive or have in custody any migratory game birds belonging to another person unless such birds are tagged as required by subsection (n).

(p) Possession of live birds. Every migratory game bird wounded by hunting and reduced to possession by the hunter shall be immediately killed and become a part of the daily bag limit. No person shall at any time, or by any means, possess or transport live migratory game birds taken under authority of this section.

(q) Termination of possession. Subject to all other requirements of this section, the possession of birds taken by any hunter shall be deemed to have ceased when such birds have been delivered by him to another person as a gift; or have been delivered by him to a post office, a common carrier, or a migratory bird preservation facility and consigned for transport by the Postal Service or a common carrier to some person other than the hunter.

(r) Gift of migratory game birds. No person may receive, possess, or give to another, any freshly killed migratory game birds as a gift, except at the personal abodes of the donor or donee, unless such birds have a tag attached, signed by the hunter who took the birds, stating such hunter's address, the total number and species of birds and the date such birds were taken.

(s) Transportation prohibitions. No person shall at any time, by any means, or in any manner, transport any migratory game bird or part thereof, taken in violation of any provision of subsections (d) through (h) of this section.

(t) -Birds of another. No person shall transport migratory game birds belonging to another person unless such birds are tagged as required by subsection (n).

(u) -Species identification requirement. No person shall transport within the United States any migratory game birds, except doves and band-tailed pigeons (Columba fasciata), unless the head or one fully feathered wing remains attached to each such bird at all times while being transported from the place where taken until they have arrived at the personal abode of the possessor or a migratory bird preservation facility.

(v) -Marking package or container. No person shall transport by the Postal Service or a common carrier migratory game birds unless the package or container in which such birds are transported has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

(w) Exportation prohibitions. No person shall at any time, by any means, or in any manner, export or cause to be exported, any migratory game bird or part thereof, taken in violation of any provision of subsections (d) through (h) of this section.

(x) -Species identification requirement. No person shall export migratory game birds unless one fully feathered wing remains attached to each such bird while being transported from the United States and/or any of its possessions to any foreign country.

(y) -Marking package or container. No person shall export migratory game birds via the Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

(z) Importation limits. No person shall import migratory game birds in excess of the following importation limits:

(1) Doves and pigeons.

(i) From any foreign country except Mexico, during any one calendar week beginning on Sunday, not to exceed 25 doves, singly or in the aggregate of all species, and 10 pigeons, singly or in the aggregate of all species.

(ii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, That if the importer has his Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he hunts in Mexico, he may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

(2) Waterfowl.

(i) From any foreign country except Canada and Mexico, during any one calendar week beginning on Sunday, not to exceed 10 ducks, singly or in the aggregate of all species, and five geese including brant, singly or in the aggregate of all species.

(ii) From Canada, not to exceed the maximum number permitted to be exported by Canadian authorities.

(iii) From Mexico, not to exceed the maximum number permitted by Mexican authorities to be taken in any one day: Provided, That if the importer has his Mexican hunting permit date-stamped by appropriate Mexican wildlife authorities on the first day he hunts in Mexico, he may import the applicable Mexican possession limit corresponding to the days actually hunted during that particular trip.

(aa) Birds of another. No person shall import migratory game birds to another person.

(bb) Species identification requirement. No person shall import migratory game birds unless each such bird has one fully feathered wing attached, and such wing must remain attached while being transported between the port of entry and the personal abode of the possessor or between the port of entry and a migratory bird preservation facility.

(cc) Foreign export permits. No person shall import, possess or transport, any migratory game birds killed in a foreign country unless such birds are accompanied by export permits, tags, or other documentation required by applicable foreign laws or regulations.

(dd) Processing requirement. No person shall import migratory game birds killed in any foreign country, except Canada, unless such birds are dressed (except as required in subsection (bb)), drawn, and the head and feet are removed: Provided, That this shall not prohibit the importation of legally taken, fully feathered migratory game birds consigned for mounting purposes to a taxidermist who holds a current taxidermist permit and who is also licensed by the U.S. Department of Agriculture to decontaminate such birds.

(ee) Marking of package or container. No person shall import migratory game birds via the Postal Service or a common carrier unless the package or container has the name and address of the shipper and the consignee and an accurate statement of the numbers of each species of birds therein contained clearly and conspicuously marked on the outside thereof.

(ff) Violation of federal law. No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.

(gg) Violation of state law. No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any state.

(hh) Violation of foreign law. No person shall at any time, by any means, or in any manner, import, possess, or transport, any migratory bird, or any part, nest, or egg of any such bird taken, bought, sold, transported, possessed, or exported contrary to any applicable law or regulation of any foreign country, or state or province thereof.

(ii) Tagging requirement. No migratory bird preservation facility shall receive or have in custody any migratory game birds unless such birds are tagged as required by subsection (n).

(jj) Records required.

(1) No migratory bird preservation facility shall:

(A) Receive or have in custody any migratory game bird unless accurate records are maintained which can identify each bird received by, or in the custody of, the facility by the name of the person from whom the bird was obtained, and show

(i) the number of each species;

(ii) the location where taken;

(iii) the date such birds were received;

(iv) the name and address of the person from whom such birds were received;

(v) the date such birds were disposed of; and

(vi) the name and address of the person to whom such birds were delivered, or

(B) Destroy any records required to be maintained under this section for a period of one year following the last entry on the record.

(2) Record keeping as required by this section will not be necessary at hunting clubs which do not fully process migratory birds by removal of both the head and wings.

(kk) Inspection of premises. No migratory bird preservation facility shall prevent any person authorized to enforce this section from entering such facilities at all reasonable hours and inspecting the records and the premises where such operations are being carried.

(ll) Commercial use of feathers. Any person may possess, purchase, sell, barter, or transport for the making of fishing flies, bed pillows, and mattresses, and for similar commercial uses the feathers of migratory waterfowl (ducks, geese, brant, and swans) killed by hunting pursuant to this section, or seized and condemned by federal or state game authorities, except that:

(1) No person shall purchase, sell, barter, or offer to purchase, sell, or barter for millinery or ornamental use the feathers of migratory game birds taken under authority of this section; and

(2) No person shall purchase, sell, barter, or offer to purchase, sell, or barter mounted specimens of migratory game birds taken under authority of this section.

(mm) Personal use of feathers or skins. Any person for his own use may possess, transport, ship, import, and export without a permit the feathers and skins of lawfully taken migratory game birds.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082
• EFFECTIVE DATE: Original effective date not provided.
• AMENDED: December 31, 1982; May 18, 2010 Secretary of State Rule Log #10-016 (10 V.S.A. APP. § 23)

Subagency 030 DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Chapter 023 UNSAFE DAM REVOLVING LOAN FUND RULES

12-023 Code Vt. R. 12-030-023-X UNSAFE DAM REVOLVING LOAN FUND RULES

SUBCHAPTER 1 AUTHORITY AND PURPOSE

101 Authority

This rule is adopted under the authority of 10 V.S.A. § 1106, "Unsafe Dam Revolving Loan Fund".

102 Purpose

(a) This Rule establishes the standards and procedures for the use of the Vermont Unsafe Dam Revolving Loan Fund.

(b) The Unsafe Dam Revolving Loan Fund shall be used to provide loans and grants to qualified municipalities, nonprofit entities, and private individuals for the reconstruction, repair, removal, breaching, draining, or other action necessary to reduce the threat of a dam or a portion of a dam that has been determined to be unsafe under 10 V.S.A. § 1095.

103 Definitions

(a) As used in this Rule, the following terms shall have the specified meaning. If a term is not defined, it shall have its common meaning:

(1) "Commissioner" means the Commissioner of the Department of Environmental Conservation or his or her duly authorized representative.

(2) "Engineer" means a professional engineer licensed under Title 26 who has experience in the design and investigation of dams.

(3) "Fund" means the unsafe dam revolving loan fund.

SUBCHAPTER 2 APPLICATION AND ELIGIBILITY

201 Eligibility for Financing

(a) To qualify for financing through the Fund:

(1) The dam must be owned by a municipality, nonprofit entity, or private individual(s);

(2) The owner of the dam must have legal access to the dam to perform the required actions;

(3) The dam must be determined to be unsafe pursuant to 10 V.S.A. § 1095;

(4) The work must provide a long-term solution to the unsafe condition of the dam and be approved by the Commissioner; and

(5) The owner of the dam must apply for financing through the Fund.

202 Application for Financing

(a) Any person applying for financing through the Fund shall submit an application on the form provided by the Commissioner. The application shall be accompanied by the following documentation:

(1) A copy of the property deed or other document legally describing the property that demonstrates that the applicant is the dam owner and has legal access to the dam;

(2) Complete design plans, prepared under the supervision of an engineer, for the physical work to be done on the dam;

(3) A proposed schedule for the breaching, removal, draining, repair, reconstruction or other action necessary to reduce the threat posed by the dam; and

(4) A copy of the unsafe dam order issued pursuant to 10 V.S.A. § 1095.

203 Selection Process and Criteria

(a) The Commissioner shall review applications to determine eligibility and to establish funding priorities based on the action required to be taken to reduce the threat of a dam or portion of a dam determined to be unsafe pursuant to § 1095 as follows:

(1) First priority for funding shall be given to dams or portions of dams determined by the Commissioner to present an imminent threat under 10 V.S.A. § 1095(c) if the work to abate the threat is done by the dam owner.

(2) Second priority for funding shall be given to dams or portions of dams determined by the Commissioner to be unsafe or a menace to people or property where the unsafe dam order directs breaching or removal and associated draining.

(3) Third priority for funding shall be given to dams or portions of dams determined by the Commissioner to be unsafe or a menace to people or property where the unsafe dam order directs draining, repair, reconstruction, or other action.

(b) Notwithstanding the priorities established above, a qualified project may be denied funding if there are inadequate funds to cover eligible costs.

SUBCHAPTER 3 FUND FINANCING

301 Financing; Total Eligible Costs

(a) Financing from the Fund shall be in the form of a 100% loan, or a 25% grant together with a 75% loan as follows:

(1) First priority projects, as identified in section 28-202(b)(1), will be funded based on the type of actions that will be taken by the owner. Actions that include breaching or removal shall be eligible for 25% grant and 75% loan funding. Actions that include draining, repair, reconstruction, or other action shall be eligible for 100% loan funding.

(2) Second priority projects, as identified in § 28-202(b)(2), shall be eligible for 25% grant and 75% loan funding.

(3) Third priority projects, as identified in section 28-202(b)(3), shall be eligible for 100% loan funding.

(b) The total eligible costs per project that may be financed under these Rules is limited to a maximum of $ 50,000 except that the $ 50,000 cap may be increased for all projects, at the discretion of the Commissioner, based on accepted construction cost indexes. Changes to the cap shall be posted on the Agency of Natural Resources website.

(c) Work required by an unsafe dam order is an eligible cost, including services provided by an engineer. No other work shall constitute an eligible cost.

302 Disbursement of Funds

(a) Funds will be disbursed on a reimbursement basis after the applicant provides sufficient documentation of incurred eligible costs.

(b) Grants, if any, will be disbursed first.

(c) The duration of all loans shall not exceed 10 years.

(d) The interest rate for all loans shall be 2%.

(e) The Commissioner may retain a percentage of the loan or grant monies designated to fund eligible costs in order to ensure final completion of the project.

(f) The Commissioner may request documentation, as necessary, to determine completion of the project. Completion of the project shall be determined solely by the Commissioner.

(g) The Commissioner shall file a notice of the loan in the land records for the municipality where the unsafe dam is located. The notice shall be recorded and indexed in accordance with 24 V.S.A. §§ 1154 and 1164 with the state of Vermont listed as the grantee.

303 Repayment

(a) Fund repayment shall be in accordance with the following:

(1) Loan repayments shall begin upon completion of the project and shall be made on an annual basis, in accordance with a schedule established by the Commissioner.

(2) Full repayment of the loan shall be required upon sale or transfer of the property.

(3) Where it is determined by the Commissioner that the private individual(s) owner or non-profit entity owner does not have the financial resources to repay a loan granted under this Rule, partial loan forgiveness or grants may be authorized, at the Commissioner's discretion.

(4) Pursuant to 10 VSA § 1106(c), the Commissioner may bring an action to seek reimbursement to the fund for loans made from the Fund.

History

• STATUTORY AUTHORITY: Act 34, Sec. 6a of Sec. 1106(a)
• EFFECTIVE DATE: February 19, 2014 Secretary of State Rule Log #14-005

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 024 REGULATION #690 - REGULATION FOR OPERATING REGULATED SHOOTING GROUNDS

12-024 Code Vt. R. 12-010-024-X REGULATION #690 - REGULATION FOR OPERATING REGULATED SHOOTING GROUNDS

Pursuant to the provisions of 10 V.S.A. S5217, as amended, the Fish and Wildlife Commissioner hereby amends Regulation #690 to read:

1. A Regulated Shooting Ground shall be at least 200 acres in area, on lands that the Commissioner deems suitable for the purpose. The land shall be enclosed as prescribed in 10 V.S.A. S5218, and the notices prescribed therein shall contain the words: "Regulated Private Shooting Ground, Special Regulations in Effect." The permittee may further include notice of such restrictions as they may desire as to trespassing. Such notices shall not be less than eighteen inches long by one foot wide.

2. Permits will be issued to operate a Regulated Shooting Ground for the following species only: Mallard Ducks, Pheasant, Quail, Chukar Partridge and Hungarian Partridge.

3. All birds released on Regulated Shooting Grounds shall be at least 10 weeks old when released and raised on the premises, legally acquired from licensed breeders, or imported as provided in 10 V.S.A. S4709.

4. The permittee shall keep a current record of the birds taken, which shall include the name and address of the person taking such birds, their hunting license number, the kind and number of birds taken, and the date of the taking. Each hunter will receive a signed and dated receipt from the permittee showing the number and species of birds in possession.

5. The open season for taking game birds under these regulations shall be from January 1st to December 31st, both dates inclusive.

6. Annually within 40 days of the end of such season, the permittee shall file with the Fish and Wildlife Department a notarized report of the number and species of birds released, name of the breeder from which they were acquired, date released and the records as provided in paragraph 4.

7. Except as specially provided in this Regulation, all laws and fish and wildlife regulations shall be in effect on Regulated Shooting Grounds.

History

• Effective Date: January 5, 1991 (Secretary of State Rule Log #90-64)
• September 5, 1996 (Secretary of State Rule Log #96-64)

Subagency 030 DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Chapter 025 VERMONT WATER QUALITY STANDARDS

12-025 Code Vt. R. 12-030-025-X VERMONT WATER QUALITY STANDARDS

CH 1 GENERAL POLICY

Section 29 A. Applicability.

(a) Pursuant to 10 V.S.A. Chapter 47, after the classification of any waters has been established, those waters shall be managed by the Secretary in order to obtain and maintain the classification. The Secretary may enforce a classification and these rules against any person affected thereby who, with notice of the classification, has failed to comply.

(b) The applicable Water Quality Standards shall be those in effect at the time of final permit or certification issuance. Concerning Water Quality Certification for a License, or the renewal of a License, issued by the Federal Energy Regulatory Commission (FERC), the applicable Water Quality Standards shall be those in effect at the time that the FERC issues notice of application ready for environmental analysis for a License.

(c) These rules shall apply to all "waters," as defined in these rules, including "waters of the United States" as defined in titles 33 and 40 of the Code of Federal Regulations. These rules shall apply to wetlands as articulated in Sections §§29A-104(e) and 29A-105(e). Application of these rules to waters shall not require the issuance of a state or federal permit, license, certification, or approval for discharges or activities for which no such permit, license, certification, or approval requirement exists under applicable state or federal law, including discharges and activities that satisfy the exemptions and exclusions set forth at 40 C.F.R. §§ 122.3 and 232.3.

(d) In the event any of these rules, or any portion thereof, is found by a court of competent jurisdiction to be illegal or void, the remainder thereof shall be deemed unaffected and shall continue in full force and effect.

(e) The following exclusions apply only to artificial bodies of water that were not originally created in waters or did not result from impoundment of waters:

(1) Off stream reservoirs (such as snowmaking ponds) may be subject to water level fluctuations that are necessary to achieve the purposes for which the reservoir was constructed and accordingly, shall not be required to meet the criteria of these rules impacted by water level fluctuations in the reservoir;

(2) Waste treatment systems (including waste management systems constructed as part of Best Management Practices under 6 V.S.A. Chapter 215 and treatment ponds, lagoons, or wetlands created solely to meet the requirements of a permit issued for a discharge) determined to be necessary to achieve compliance with these rules shall not be required to be managed as waters under these rules.

(f) Waters created exclusively by rainfall or snowmelt events, such as puddles and overland flow, that are so temporary in nature that they do not support the existing and designated uses, shall not be considered waters.

Section 29 A-102 Definitions.

For the purposes of these Water Quality Standards, the terms below shall have the following meanings unless a different meaning clearly appears from the context.

(1) "Act" means the "Vermont Water Pollution Control Act" at 10 V.S.A. Chapter 47.

(2) "Applicable water quality criteria" means all criteria specified in Subchapter 3 that are applicable to a water and the classification of its uses.

(3) "Application" means any request for a permit required by state or federal law when filed with, and deemed complete by, the reviewing authority.

(4) "Aquatic biota" means all organisms that, as part of their natural life cycle, live in or on waters.

(5) "Aquatic habitat" means the physical, chemical, and biological components of the water environment.

(6) "Assimilative capacity" means a measure of the capacity of the receiving waters to assimilate wastes without lowering their quality below the applicable water quality criteria.

(7) "Best management practices (BMPs)" means a practice or combination of practices that may be necessary, in addition to any applicable RAPs or AMPs, to prevent or reduce pollution from nonpoint source wastes to a level consistent with the applicable provisions of these rules.

(8) "Biological integrity" means the ability of a body of water to support and maintain a community of organisms that has the expected species composition, diversity, and functional organization comparable to that of the water in its natural condition.

(9) "Classification" means the water quality classification attributed to a designated use for a body of water in accordance with the provisions of 10 V.S.A. §§ 1252 and 1253.

(10) "Designated use" means any value or use, whether presently occurring or not, for which a water has been designated as Class A(1), A(2), B(1), or B(2).

(11) "Discharge" means the placing, depositing, or emissions of any wastes, directly or indirectly, into an injection well or into waters.

(12) "EPA or USEPA" means the U.S. Environmental Protection Agency.

(13) "Equilibrium condition" means the condition in which water flow, sediment, and woody debris are transported in a watershed in such a manner that the stream maintains its dimension, pattern, and profile without unnaturally aggrading or degrading the channel bed elevation at the stream reach scale.

(14) "Existing discharge" means any discharge to the extent authorized by a valid permit issued under the provisions of 10 V.S.A. §§ 1263 or 1265 as of January 7, 1985.

(15) "Existing use" means a use that has actually occurred on or after November 28, 1975, in or on waters, regardless of whether or not the use is presently occurring or included in these rules.

(16) "Flow characteristics" means the depth, volume, velocity, and variation of streamflow that, in part, determine stream processes, physical habitat structure, and aquatic habitat quality in channels and floodplains as governed by factors associated with valley setting, geology, and climate.

(17) "Full support of uses" means the achievement of the level of water quality necessary to consistently maintain and protect existing and designated uses and the achievement of management objectives consistent with the classification level for designated uses.

(18) "Functional component" means a portion of the aquatic biological community identified by its role in the processing of energy within the aquatic ecosystem (e.g., primary producers, detritivores, benthic insectivores and predators, etc.).

(19) "Groundwater" means water below the land surface.

(20) "Indirect discharge" means any discharge to groundwater, whether subsurface, land-based, or otherwise.

(21) "Intolerant aquatic organisms" means those organisms that are particularly sensitive to, and likely to be adversely affected by, the stress of pollution, flow modification, or habitat alteration (e.g., mayflies, stoneflies, and Brook Trout).

(22) "Low median monthly flow" means the median monthly flow for that month having the lowest median monthly flow.

(23) "Mean daily flow" means the arithmetic mean of the sum of individual flow values measured over a calendar day that is representative of the total flow over that 24-hour period.

(24) "Median monthly flow" means, for a given calendar month, the mean daily flow that is equaled or exceeded 50 percent of the time, based on a long-term record.

(25) "Median annual flow" means that mean daily flow that is equaled or exceeded 50 percent of the time.

(26) "Mixing zone" means a length or area within waters required for the dispersion and dilution of waste discharges adequately treated to meet federal and state treatment requirements and within which it is recognized that specific water uses or water quality criteria associated with the assigned classification for such waters may not be realized. A mixing zone shall not extend more than 200 feet from the point of discharge. A mixing zone shall not be used to meet water quality criteria for bioaccumulative toxins.

(27) "Natural condition" means the range of chemical, physical, and biological characteristics of a body of water that occur with only minimal effects from human influences.

(28) "Natural flow regime" means a water's characteristic pattern of variability in flow rates and water levels, annually, seasonally, and daily, without the influence of artificial flow regulation. This pattern of variability is characterized by the magnitude, frequency, duration, timing, and rate of change of hydrologic conditions.

(29) "New discharge" means any discharge not authorized under the provisions of 10 V.S.A. § 1263 as of January 7, 1985 or any increased pollutant loading or demand on the assimilative capacity of the receiving waters from an existing discharge that requires the issuance of a new or amended permit.

(30) "Nonpoint source waste" or "nonpoint source pollution" means waste that reaches waters in a diffuse manner from any source other than a point source including overland runoff from construction sites, or as a result of agricultural or silvicultural practices.

(31) "Nonpolluting waste" means waste that prior to treatment does not have the potential to impair the condition of waters.

(32) "Permit" means a certification, dam order, or other authorization in which during the application review process, compliance with the Vermont Water Quality Standards is evaluated pursuant to applicable state or federal law.

(33) "Physical habitat structure" means the diverse combination and complexity of instream forms created within substrate and woody debris on and within the bed and banks of the channel by stream processes and flow characteristics, as well as the portion of the riparian area that supports woody debris recruitment and temperature refuge. Physical habitat structure, in part, determines aquatic habitat quality at the stream reach and stream network scales by providing for all life cycle functions, which include the full set of forms necessary for the provision of and access to cover, overwintering, and temperature refuge and the substrates necessary for feeding and reproduction of aquatic biota and wildlife.

(34) "Point source" means any discernable, confined, and discrete conveyance, including any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft, from which either a pollutant or waste is or may be discharged.

(35) "Public interest" means that which shall be for the greatest benefit to the people of the State as determined by the Secretary, in accordance with the criteria set forth 10 V.S.A. § 1253(c).

(36) "Receiving waters" means all waters adjacent to a discharge, and all downstream or other waters the quality of which may be affected by that discharge.

(37) "Reference water body" means a water that represents the natural condition for a specific water body type against which the condition of waters of similar water body type are evaluated.

(38) "Required agricultural practices (RAPs) or acceptable management practices for maintaining water quality on logging jobs (AMPs)" means those land management practices adopted by the Secretary of Agriculture, Food and Markets, and Commissioner of Forests, Parks and Recreation, respectively, in accordance with applicable state law.

(39) "Riparian areas" means the zones of interaction and influence between aquatic and terrestrial ecosystems along streams, rivers, lakes, wetlands, and other bodies of water.

(40) "Riverine impoundment" means a reach of river or stream subject to the backwater influence of a human-made dam with the water remaining generally within the natural channel.

(41) "Seven day low flow, ten year return period (7Q10)" means a flow equal to the lowest mean flow for seven consecutive days, adjusted to nullify any effects of artificial flow regulation, that has a 10% chance of occurring in any given year.

(42) "Secretary" means the Secretary of the Agency of Natural Resources or the Secretary's duly authorized representative.

(43) "Stream processes" means the hydrologic, bed-load sediment, and large woody debris regimes of a particular stream reach and is a term used to describe stream channel hydraulics, or the erosion, deposition, sorting, and distribution of instream materials by the power of flowing water. Stream processes work toward an equilibrium condition; are governed by flow characteristics, stream morphology, channel roughness, floodplain connectivity, and the riparian area, which supports woody debris recruitment and temperature refuge; and, in part, determine physical habitat structure and aquatic habitat quality.

(44) "Tactical basin plan" means a plan prepared by the Secretary for each of Vermont's 15 basins in conjunction with the basin planning process required by 40 C.F.R. Part 130, 10 V.S.A. Chapter 47, and these rules.

(45) "Taxonomic component" means a portion of the biological community identified by a hierarchical classification system for identifying biological organisms that uses physical and biological characteristics (e.g., Insecta: Plecoptera: Perlidae: Agnetina capitate).

(46) "Thirty day low flow, ten year return period (30Q10)" means a flow equal to the lowest mean flow for 30 consecutive days, adjusted to nullify any effects of artificial flow regulation, that has a 10% chance of occurring in any given year.

(47) "Tolerant aquatic organisms" means organisms (e.g., rattail maggots, annelids, Creek Chubs) that, although they may be affected by the stress of pollution, flow modification or habitat alteration, are less sensitive and less likely to be adversely affected than are intolerant aquatic organisms.

(48) "Toxic substances" means those wastes and combinations of wastes that, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of available information cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological or reproductive malfunctions, or physical deformations in such organisms or their offspring.

(49) "Waste" means effluent, sewage, or any substance or material, liquid, gaseous, solid or radioactive, including heated liquids, whether or not harmful or deleterious to waters; provided however, the term "sewage" as used in 10 V.S.A. Chapter 47 shall not include the rinse or process water from a cheese manufacturing process.

(50) "Waste management zone" means a specific reach of Class B(1) or B(2) waters designated by a permit to accept the discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings. Throughout the receiving waters, water quality criteria must be achieved, but increased health risks exist in a waste management zone due to the authorized discharge.

(51) "Waters" include all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs and all bodies of surface waters, artificial or natural, which are contained within, flow through, or border upon the State or any portion of it.

(52) "Watershed" means a region containing waters that drain into a particular brook, stream, river, or other body of water.

(53) "Wetland" means those areas of the state that are inundated by surface or groundwater with a frequency sufficient to support significant vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas as grow food or crops in connection with farming activities ( 10 V.S.A. § 902(5)).

Section 29 A-103. General Policy.

(a) These rules are intended to achieve the goals of the State's Water Quality Policy ( 10 V.S.A. § 1250), set forth below, as well as the objective of the federal Clean Water Act (33 U.S.C. § 1251 et seq.) which is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.

(b) Water Quality Policy. It is the policy of the State of Vermont to:

(1) protect and enhance the quality, character, and usefulness of its surface waters and to assure the public health;

(2) maintain the purity of drinking water;

(3) control the discharge of wastes to waters, prevent degradation of high quality waters, and prevent, abate, or control all activities harmful to water quality;

(4) assure the maintenance of water quality necessary to sustain existing aquatic communities;

(5) provide clear, consistent, and enforceable standards for the permitting and management of discharges;

(6) protect from risk and preserve in their natural state certain high quality waters including fragile high-altitude waters, and the ecosystems they sustain;

(7) manage waters to promote a healthy and prosperous agricultural community, to increase the opportunities for use of the State's forest, parks, and recreational facilities, and to allow beneficial and environmentally sound development; and

(8) seek over the long term to upgrade the quality of waters and to reduce existing risks to water quality.

(c) Water Conservation Policy. Water is a natural resource that should be managed efficiently to reduce waste through promotion of water conservation. It shall be the policy of the State to conserve the water resources of Vermont through technology, methods, and procedures designed to promote efficient use of water; to consider water conservation in all water use decisions; and to reduce or minimize the waste of water through water supply management practices.

(d) Riparian Policy. The State of Vermont recognizes the importance of conserving riparian areas adjacent to surface waters for their important physical, hydrological, and ecological functions, including water temperature moderation; sediment and nutrient filtration and retention; large wood and organic material recruitment and retention; streambank, shoreland, and floodplain stability; and the provision of habitat and travelways for a wide variety of species.

(e) Tactical Basin Planning.

(1) Pursuant to 10 V.S.A. § 1253, the Secretary is required to adopt tactical basin plans. Such plans inventory the existing and potential causes and sources of pollution that may impair the waters. Tactical basin plans establish a strategy to improve or restore waters, and to ensure full support of uses. Tactical basin plans serve as the guide, consistent with applicable state and federal law, for how various sources of pollution within each basin will be managed in order to achieve compliance with these rules. The Secretary is required by state law to revise all 15 tactical basin plans on a five year rotating basis.

(2) As part of the tactical basin planning process, public participation shall be sought to identify and inventory problems, solutions, high quality waters, existing uses and the quality of such uses, and significant resources of high public interest.

(3) In preparing tactical basin plans, the Secretary shall, to the extent required by applicable law, consider all relevant aspects of approved municipal plans and regional plans adopted under 24 V.S.A. Chapter 117 and coordinate and cooperate with the Secretary of the Agency of Agriculture, Food and Markets as provided for in 6 V.S.A. Chapter 215.

(4) Each tactical basin plan shall identify strategies, where necessary, by which to allocate levels of pollution between various sources as well as between individual discharges. Tactical basin plans shall, to the extent appropriate, contain specific recommendations by the Secretary that include the identification of all known existing uses, any recommended changes in classification and designation of waters, including reclassifying waters' uses from Class B(2) to a higher classification level and designating waters as Outstanding Resource Waters, schedules and funding for remediation, stormwater management, riparian zone management, and other measures or strategies pertaining to the enhancement and maintenance of the quality of waters within the basin.

(5) Upon adoption of a tactical basin plan, the Secretary shall promptly initiate rulemaking and shall give due consideration to the recommendations contained in the tactical basin plan.

(f) Hydrology Policy.

(1) The proper management of water resources now and for the future requires careful consideration of the interruption of the natural flow regime and the fluctuation of water levels resulting from the construction of new, and the operation of existing, dams, diversions, and other control structures. These rules, in conjunction with other applicable law, provide a means for determining conditions which preserve the natural flow regime of waters.

(2) When determining necessary streamflows or conditions necessary to further the goals of this policy through application of the applicable procedures or regulations, the Secretary, as provided for in 10 V.S.A. § 1003, may cooperate with appropriate federal, state, municipal, and private interests to assure consistency with these rules.

Section 29 A-104. Classification of Water Uses.

(a) Uses for waters are classified separately. A body of water may be assigned different classifications for different uses. For each use, management objectives and associated criteria for those objectives are presented by classification level in §29A-306 of these rules.

(b) All waters of the State shall be managed to support their designated and existing uses. Existing classifications of water uses shall be maintained unless reclassified in a manner consistent with the Act and in compliance with all applicable federal requirements, including 40 C.F.R. § 131.10(g).

(c) Recommendations for use reclassification shall be made during the tactical basin planning process or by the Department of Environmental Conservation on a case-by-case basis. Pursuant to 10 V.S.A. § 1253, on the Secretary's own motion, or on receipt of written request that the Secretary adopt, amend, or repeal a reclassification rule, the Secretary shall comply with 3 V.S.A. § 806 and may initiate a rulemaking proceeding to reclassify one or more uses of all or any portion of the affected waters in the public interest.

(d) The designated uses are:

(1) Aquatic biota and wildlife that may utilize or are present in the waters;

(2) Aquatic habitat to support aquatic biota, wildlife, or plant life;

(3) The use of waters for the enjoyment of aesthetic conditions;

(4) The use of waters for boating and related recreational uses;

(5) The use of waters for fishing and related recreational uses;

(6) The use of waters for swimming and other primary contact recreation;

(7) The use of the water for public water source; and

(8) The use of water for irrigation of crops and other agricultural uses.

(e) For all Class I and II wetlands, as defined in 10 V.S.A. § 902, the uses to be protected include the functions and values of the wetland as described in Section 5 of the Vermont Wetland Rules (https://dec.vermont.gov/watershed/wetlands/jurisdictional/rules).

Section 29 A-105. Antidegradation Policy.

(a) General. All waters shall be managed in accordance with these rules to protect, maintain, and improve water quality.

(b) Protection and Determination of Existing Uses. Existing uses of waters and the level of water quality necessary to protect those existing uses shall be maintained and protected regardless of the water's classification. Determinations of what constitute existing uses of particular waters shall be made either during the basin planning process or on a case-by-case basis during consideration of an application. The use of waters to receive or transport discharges of waste shall not constitute an existing use for purposes of these rules. In determining the existing uses to be protected and maintained under this section and all other sections of these rules, the Secretary shall consider the designated uses, and at least the following factors:

(1) Aquatic biota and wildlife that utilize or are present in the waters;

(2) Habitat that supports or is capable of supporting aquatic biota, wildlife, or plant life;

(3) The use of the waters for recreation or fishing;

(4) The use of the water for public water source, or commercial activity that depends directly on the preservation of an existing high level of water quality; and

(5) For factors (1) and (2) above, evidence of the use's ecological significance in the functioning of the ecosystem or evidence of the use's rarity.

(c) Protection and Maintenance of High Quality Waters.

(1) Waters the existing quality of which exceeds any applicable water quality criteria provide important environmental, economic, social, and other benefits to the people of the State. Except as provided in subdivision (2) of this subsection, such waters shall be managed to maintain and protect the higher water quality and minimize risk to existing and designated uses. In all cases, the level of water quality necessary to maintain and protect all existing uses as well as applicable water quality criteria shall be maintained.

(2) A limited reduction in the existing higher quality of such waters may be allowed only when it is shown that:

(A) through the applicable permitting or approval process, the Secretary has provided public notice of the draft decision and an opportunity for public comment on the decision;

(B) after an analysis of alternatives, allowing lower water quality is necessary to prevent substantial adverse economic or social impacts on the people of the State; and

(C) there shall be achieved the highest statutory and regulatory requirements for all new or existing point sources, and all cost effective and reasonable best management practices for nonpoint source control, consistent with state law.

(3) The analysis of alternatives required under subdivision (c)(2)(B) of this subsection shall evaluate a range of alternatives that would prevent or lessen the degradation associated with the proposed activity. When the analysis identifies one or more practicable alternatives, the Secretary shall only find that a lowering is necessary if one such practicable alternative is selected for implementation. For purposes of this section, "practicable" means technologically possible, able to be put into practice, and economically viable.

(4) To the extent any reduction in the quality of high quality waters is allowed, such reduction shall be limited to that which complies with subdivision (c)(2) of this subsection.

(d) Protection of Outstanding Resource Waters. The Secretary may under 10 V.S.A. § 1424a designate certain waters as Outstanding Resource Waters. Outstanding Resource Waters are listed in Appendix H of these rules. Where the Secretary so designates such waters for specific exceptional natural, recreational, cultural, or scenic values, their existing quality, associated with the values for which they have been designated, shall, at a minimum, be protected and maintained.

(e) Protection of Wetlands. Wetlands and their functions and values shall be protected as described by the Vermont Wetland Rules.

Section 29 A-106. Discharge Policy.

(a) Discharge Criteria. In addition to the other provisions of these rules, new discharges of wastes may be allowed only when all the following criteria are met:

(1) The proposed discharge is in conformance with all applicable provisions of these rules including the classification of the receiving waters adopted by the Secretary as set forth in Appendix F of these rules.

(2) There is neither an alternative method of waste disposal, nor an alternative location for waste disposal, that would have a lesser impact on water quality including the quality of groundwater, or if there is such an alternative method or location, it would be clearly unreasonable to require its use.

(3) The design and operation of any waste treatment or disposal facility is adequate and sufficiently reliable to ensure the full support of uses and to ensure compliance with these rules and with all applicable state and federal treatment requirements and effluent limitations.

(4) Except as provided for in 10 V.S.A. § 1259(d) and (f), the discharge of wastes other than nonpolluting wastes and stormwater runoff is prohibited in Class A(1) and A(2) waters regardless of the degree of treatment provided.

(5) Except as provided for in 10 V.S.A. § 1259, the discharge of wastes that, prior to treatment, contained organisms pathogenic to human beings into waters is prohibited.

(6) The receiving waters will have sufficient assimilative capacity to accommodate the proposed discharge.

(7) Assimilative capacity has been allocated to the proposed discharge consistent with the classification set forth in Appendix F of these rules.

(8) The discharge of wastes to the thermocline or hypolimnion of any lake in manner that may prevent the full support of uses is prohibited.

(9) The discharge of sewage into Class B(1) or B(2) waters shall not pose more than a negligible risk to public health. Compliance with this criterion shall include an assessment of both the level and reliability of treatment achieved and the impact of the discharge on the water quality of the receiving waters.

(b) Assimilative Capacity. The capacity of waters to assimilate both the discharge of wastes and the impact of other activities that may adversely affect water quality, and at the same time to be maintained at a level of water quality that is compatible with their classification, is finite. The Secretary may hold a portion of the assimilative capacity in reserve to provide for future needs, including the abatement of future sources of pollution and future social and economic development. Accordingly, the assimilative capacity of waters shall be carefully allocated in accordance with the "Wasteload Allocation Process" as adopted by the Secretary.

(c) Compliance Schedules. A permit issued pursuant to Vermont's federally delegated National Pollutant Discharge Elimination System (NPDES) program may, when appropriate, specify a schedule leading to compliance with the Vermont and Federal Clean Water Acts and regulations. The purpose of a schedule of compliance generally is to afford a permittee adequate time to comply with one or more permit requirements or limitations that are based on new, newly interpreted or revised water quality standards that became effective after both issuance of the initial permit for a discharge and July 1, 1977. For a permit requirement or limitation that is based on such a new, newly interpreted, or revised water quality standard, the Secretary may include a schedule of compliance in a permit at the time of permit reissuance or modification where the permittee either cannot comply with the permit requirement or limitation, or there is insufficient information available to determine whether the permittee can comply with the permit requirement or limitation. A schedule of compliance shall require compliance at the earliest possible time, as determined by the Secretary. A schedule of compliance shall include dates for specified tasks or activities leading to compliance and may include interim effluent limitations, as the Secretary deems appropriate. This provision does not limit the Secretary's authority to include compliance schedules in permits as provided by state law.

Section 29 A-107. Interpretation.

The Secretary may issue declaratory rulings regarding the water quality standards pursuant to 10 V.S.A. § 1252(f).

CH 2 APPLICATION OF STANDARDS

Section 29 A-201. Sampling and Analysis.

All numeric water quality criteria shall be applied by rounding to the nearest significant number in accordance with standard mathematic practice. For the purposes of these rules, sample collection, preservation, handling and analysis shall conform as closely as practicable to methods established in the most current edition or publication of any of the following sources:

(1) "Standard Methods For the Examination of Water and Wastewaters," Public Health Association, New York.

(2) "American Society for Testing and Materials," part 23, "Water; Atmospheric Analysis," American Society for Testing and Materials.

(3) "Methods for Chemical Analysis of Water and Wastes," U.S. Environmental Protection Agency.

(4) "Microbiological Methods for Monitoring the Environment - Water and Wastes," U.S. Environmental Protection Agency.

(5) The "Quality Assurance Program and Project Plan" prepared by the Secretary and as approved by EPA.

(6) Any applicable practice or procedure adopted by the Secretary under the provisions of 3 V.S.A. § 835 or any rule adopted as part of the "Vermont Water Pollution Control Permit Regulations" under the provisions of 3 V.S.A. § 836.

(7) Any applicable practices or procedures adopted by the Secretary for conducting nonpoint source pollution monitoring. Such procedures shall be adopted after public notice and comment. Until such procedures are adopted, nonpoint source pollution monitoring shall be conducted in accordance with generally accepted scientific monitoring or evaluation methodologies which the Secretary determines to be appropriate.

Section 29 A-202. Flow Values Used to Evaluate Compliance with Applicable Numeric Criteria for Rivers, Streams, Brooks, Creeks, and Riverine Impoundments.

(a) Natural Flow Regime

Where the natural flow regime is not altered or substantially influenced by any human-made structure or device, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value unless an alternate flow statistic is specified in Section 3-01 of these rules. This rule shall not be construed to allow less than normal design operation of any treatment facility during periods of low streamflow or to otherwise waive the terms of any permit.

(b) Natural Flow Regime Altered by Human-made Structures

(1) Where there is a Minimum Flow Agreement/Requirement. For waters where the natural flow regime is altered by a human-made structure and where a minimum flow agreement or requirement has been established under 10 V.S.A. § 1003, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value or at the agreed/required minimum flow, whichever is less, unless an alternative flow statistic is specified in Section 3-01 of these rules.

(2) Where there is No Minimum Flow Agreement/Requirement.For waters where the natural flow regime is altered by human-made structures and where no minimum flow agreement or requirement has been established, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value or at the absolute low flow resulting from flow regulation, whichever is less, unless an alternative flow statistic is specified in Section 3-01 of these rules.

Section 29 A-203. Nonpoint Source Pollution.

(a) Policy

(1) The State of Vermont recognizes that certain wastes from nonpoint sources, including nonpoint source waste from agricultural or silvicultural activities, are of such a nature that strategies required by the Act or by 6 V.S.A. Chapter 215, and those strategies developed in the tactical basin planning process, represent a practicable basis for achieving compliance with these rules.

(2) In implementing Section 2-03(A), the Secretary and the Secretary of the Agency of Agriculture, Food and Markets are encouraged to exercise the full range of discretion authorized by the Act and 6 V.S.A. Chapter 215 and to manage discharges of nonpoint source waste in as cost-effective a manner as possible consistent with the provisions of these rules.

(b) Use of Management Practices and Planning

(1) The requirements of these rules for any activity causing a nonpoint source discharge shall be presumed to be satisfied when the activity is in compliance with the RAPs, if applicable; is in compliance with the AMPs, if applicable; or is in compliance with BMPs required by statute, rule, permit, order, or other legally enforceable mechanism.

(2) Any presumption provided by this section shall be negated when a water quality analysis conducted according to §29A-201(7) of these rules demonstrates that there is a violation of these rules.

Section 29 A-204. Special Zones.

(a) Mixing Zones

(1) Designation. Mixing zones shall not be created in any Class A water. In Class B waters the Secretary may, in conjunction with the issuance of a permit, designate a specific portion of the receiving waters not exceeding 200 feet from the point of discharge as a mixing zone for any waste that has been properly treated to comply with all applicable state and federal treatment requirements and effluent limitations. Within any mixing zone the Secretary may, in accordance with the terms of a permit, waive specific provisions of §§1-03, 3-01, and 3-04(B) when consistent with the criteria in §2-04(A)(2) of these rules, provided that the quality of the waters outside of the mixing zone complies with all applicable provisions of these rules.

(2) Mixing Zone Criteria

The Secretary shall insure that conditions due to discharges of waste within any mixing zone shall:

(A) Not result in a significant increase in public health risk when evaluated using reasonable assumptions about exposure pathways;

(B) Not constitute a barrier to the passage or movement of fish or prevent the full support of aquatic biota, wildlife, and aquatic habitat uses in the receiving waters outside the mixing zone;

(C) Not kill organisms passing through the mixing zone;

(D) Protect and maintain the existing uses of the waters;

(E) Be free from materials in concentrations that settle to form objectionable deposits;

(F) Be free from floating debris, oil, scum, and other material in concentrations that form nuisances;

(G) Be free from substances in concentrations that produce objectionable color, odor, taste, or turbidity; and

(H) Be free from substances in concentrations that produce undesirable aquatic life or result in a dominance of nuisance species.

(b) Waste Management Zones

(1) Designation. The designation of waste management zones is provided for in 10 V.S.A. § 1252(b)-(d). In Class B waters the Secretary may, in conjunction with the issuance of a permit for the direct discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings, designate a specific portion of the receiving waters as a waste management zone when the criteria in subsection 2 of this section are met. Waste management zones shall not be created in any Class A water. Within such zones, all water quality criteria shall be met.

(2) Waste Management Zone Criteria

The Secretary shall insure that, in addition to complying with all other applicable provisions of the statute and these rules, any waste management zone meets the following criteria:

(A) It shall be the minimum length necessary to accommodate the authorized discharge;

(B) It shall be consistent with the anti-degradation policy ( Section 1-03) of these rules;

(C) It shall not result in significantly increased health risks when evaluated using reasonable assumptions about exposure pathways;

(D) It will be located and managed so as to not result in more than a negligible increased risk to public health adjacent to or downstream of the waste management zone; and

(E) It will not constitute a barrier to the passage or movement of fish or prevent the full support of aquatic biota, wildlife, and aquatic habitat uses.

Section 29 A-205. Public Water Supply.

(a) Designation. In accordance with 10 V.S.A. § 1252, waters that are managed for the purpose of public water supplies may be designated in Chapter 4 as Class A(2) Public Water Supplies.

(b) Public Water Supply Management. In accordance with 10 V.S.A. § 1250, it is the policy of the State of Vermont that public water supplies shall be managed in a manner that assures compliance with these rules. The Secretary is encouraged to exercise the full range of discretion consistent with 10 V.S.A., Chapters 47 and 56 to manage public water supplies to achieve such compliance.

Section 29 A-206. Water Quality Certifications Issued Pursuant to § 401 of the Clean Water Act.

(a) Section 401 of the Clean Water Act requires that for any federally licensed or permitted activity that may result in a discharge into waters of the United States, the State issue, waive, or deny water quality certification ensuring the discharge will comply with all applicable water quality requirements (33 U.S.C. § 1341).

(b) A water quality certification shall not be issued unless the applicant demonstrates all of the following:

(1) There is no practicable alternative to the proposed activity that would have a less adverse impact on waters and wetlands of the State, and provided that any proposed alternative shall not have other significant adverse human health, safety, or environmental consequences. An alternative is considered practicable if it is available and capable of being completed after taking into consideration cost, existing technology, and logistics in light of overall purposes of the proposed activity.

(A) Projects that are not likely to have significant impacts on water quality or wetland functions or values; railroad projects; or State or municipal road or highway projects do not require an analysis of practicable alternatives.

(B) Failure to comply with the requirements of this section shall not be the basis for denial of an application for a certification under Section 401 of the Clean Water Act if the proposed activity is exempt from those requirements under a rule adopted by the Secretary.

(2) There is reasonable assurance that the discharge will not result in a violation of these rules, including any applicable water quality criteria and the Antidegradation policy articulated in these rules.

(c) Any certification issued by the State shall establish conditions necessary to ensure that the federally licensed or permitted activity will comply with these rules, as well as with any other appropriate requirement of State law, including: 10 V.S.A. chapter 37 (wetlands protection and water resources management);

(1) 10 V.S.A. chapter 41 (regulation of stream flow);

(2) 10 V.S.A. § 1264 (stormwater management);

(3) 29 V.S.A. chapter 11 (management of lakes and ponds); and

(4) The Agency of Natural Resources Rules for Water Withdrawals for Snowmaking.

(d) The Secretary may issue a certification required by this subsection to any general permit or authorization issued by a federal agency. An applicant's compliance with that federal permit or authorization shall be presumed to be in compliance with the certification unless the Secretary determines that an individual review of the applicant's activity is necessary to assure compliance with the Vermont Water Quality Standards and other appropriate State laws.

(e) Public noticing of § 401 Water Quality Certification application, draft decision, and final decision.

(1) The applicant shall provide notice of their § 401 Water Quality Certification application to any person or adjoining property owner that receives notice of the federal license or permit application for which the § 401 Water Quality Certification is sought. Adjoining property owners are those whose property adjoins the waterbody or aquatic site where the work is being proposed.

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

(3) The Secretary shall provide notice of the draft decision through the environmental notice bulletin and shall post the draft decision to the bulletin.

(4) The Secretary shall provide a public comment period of no less than 30 days.

(5) Any person may request a public meeting on the draft decision issued under this section within 14 days of the issuance of the draft decision. 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.

(6) The Secretary shall provide at least 14 days' notice of the public meeting through the environmental notice bulletin. If the notice of the public meeting is not issued at the same time as the draft decision or draft general permit, the Secretary also shall provide notice of the public meeting in the same manner as required for the draft decision or permit.

(7) The Secretary shall provide notice of the final decision through the environmental notice bulletin and shall post the final decision or permit to the bulletin. When the Secretary issues the final decision, the Secretary shall provide a response to comments.

CH 3 WATER QUALITY CRITERIA

Section 29 A -301. Natural Influences.

Waters in which one or more applicable water quality criteria are not met due to natural influences shall not be in noncompliance with respect to such criteria. In such waters, activities may be specifically authorized by a permit, provided that those activities do not further reduce the quality of the receiving waters and would comply with all other applicable criteria.

Section 29 A-302. Criteria Applicable to Waters Based upon Fish Habitat Designation, Use Classification, or Type of Body of Water.

The following water quality criteria shall be achieved in waters, as specified below:

(1) Temperature.

(A) General. The change or rate of change in temperature, either upward or downward, shall be controlled to ensure full support of aquatic biota, wildlife, and aquatic habitat uses. For the purpose of applying this criterion, ambient temperature shall mean the water temperature measured at a control point determined by the Secretary to be outside the influence of a discharge or activity.

(B) Cold Water Fish Habitat. Waters that are cold water fish habitat shall meet the following standards, as applicable, except as provided for in subdivision (D) of this subsection.

(i) Class A(1) Waters for Fishing. No increase in ambient temperature from the natural condition.

(ii) Class B(1) Waters for Fishing.

(I) If the maximum temperature is below 68°F as a rolling seven-day mean of maximum daily water temperatures for the entire period from June 1 to September 30 of any year, the total increase from the ambient temperature due to all discharges and activities shall not exceed 1.0°F.

(II) If the maximum temperature is above 68°F as a rolling seven-day mean of maximum daily water temperatures for the entire period from June 1 to September 30 of any year, there shall be no increase in temperature due to all discharges and activities.

(iii) Class A(2) and B(2) Waters for Fishing. The total increase from the ambient temperature due to all discharges and activities shall not exceed 1.0°F.

(C) Warm Water Fish Habitat. The total increase from the ambient temperature due to all discharges and activities shall not exceed the following temperature criteria, except as provided for in subdivision (D) of this subsection.

(i) Lakes, Ponds, and Reservoirs not including Riverine Impoundments.

(I) For waters with an ambient temperature above 60°F, the total temperature change shall not exceed 1°F.

(II) For waters with an ambient temperature between 60°F and 50°F, the total temperature change shall not exceed 2°F.

(III) For waters with an ambient temperature below 50°F, the total temperature change shall not exceed 3°F.

(ii) Rivers, Streams, Brooks, Creeks, and River Impoundments.

(I) For waters with an ambient temperature above 66°F, the total temperature change shall not exceed 1°F.

(II) For waters with an ambient temperature between 63°F and 66°F, the total temperature change shall not exceed 2°F.

(III) For waters with an ambient temperature between 59°F and 62°F, the total temperature change shall not exceed 3°F.

(IV) For waters with an ambient temperature between 55°F and 58°F, the total temperature shall not exceed 4°F.

(V) For waters with an ambient temperature below 55°F, the total temperature change shall not exceed 5°F.

(D) Assimilation of Thermal Wastes. The Secretary may, by permit condition, specify temperature limits that exceed the values specified above in order to authorize discharges of thermal wastes when it is shown that:

(i) The discharge will comply with all other applicable provisions of these rules;

(ii) A mixing zone of 200 feet in length is not adequate to provide for assimilation of the thermal waste; and

(iii) After taking into account the interaction of thermal effects and other wastes, that change or rate of change in temperature will not result in thermal shock or prevent the full support of uses of the receiving waters.

(2) Phosphorus.

(A) In all waters, total phosphorus loadings shall be limited so that they will not contribute to the acceleration of eutrophication or the stimulation of the growth of aquatic biota in a manner that prevents the full support of uses.

(B) For lakes, ponds, or reservoirs that have drainage areas of less than 40 square miles and a drainage area to surface area ratio of less than 500:1, and their tributaries:

(i) In addition to compliance with subdivision (A) of this subsection, there shall be no significant increase over currently permitted phosphorus loadings. Discharges to tributaries shall not increase in-stream conditions by more than 0.001 mg/l at low median monthly flow. Indirect discharges to lakes, ponds, or reservoirs shall not increase total dissolved phosphorus as measured in the groundwater 100 feet from the mean water level of the lake, pond, or reservoir by more than 0.001 mg/l.

(ii) Applicable basin plans, other applicable plans, permit limitations, and other measures adopted or approved by the Secretary, may define "no significant increase" so as to allow new or increased discharges of phosphorus, only when the permit for such discharges provides for a corresponding reduction in phosphorus loadings to the receiving waters in question.

(C) For Lake Champlain and Lake Memphremagog. All discharges into each of the lake segments identified in Table 1, or into tributaries within the basin, shall comply with the applicable Total Maximum Daily Load (TMDL), tactical basin plans, other applicable plans, permit limitations, and any other measures adopted or approved by the Secretary reasonably designed to achieve the criteria in Table 1.

Table 1. Phosphorus Criteria for Segments Within Lake Champlain and Lake Memphremagog.

| Lake Segment (See Appendix B) | Phosphorus Criterion (mg/L as P)¹ | | | --- | --- | --- | | Lake Champlain | | | | | Main Lake | 0.010 | | Malletts Bay | 0.010 | | | Burlington Bay | 0.014 | | | Shelburne Bay | 0.014 | | | Northeast Arm | 0.014 | | | Isle LaMotte | 0.014 | | | Otter Creek | 0.014 | | | Port Henry | 0.014 | | | St. Albans Bay | 0.017 | | | Missisquoi Bay | 0.025 | | | South Lake A | 0.025 | | | South Lake B | 0.054 | | | Lake Memphremagog | | | | | Main Lake | 0.014 | | South Bay | 0.025 | |

1. These criteria shall be achieved as the annual mean total phosphorus concentration in the photosynthetic depth (euphotic) zone in central, open water areas of each lake segment.

(3) Nitrates.

(A) In all waters nitrates shall be limited so that they will not contribute to the acceleration of eutrophication, or the stimulation of the growth of aquatic biota, in a manner that prevents the full support of uses.

(B) For lakes, ponds, and reservoirs, not including riverine impoundments, levels of nitrate not to exceed 5.0 mg/l as NO3-N (nitrate-nitrogen) regardless of classification.

(C) For rivers and streams, levels of nitrate:

(i) Not to exceed 0.20 mg/l, as NO3-N at flows exceeding low median monthly flows, in Class A(1) and A(2) waters above 2,500 feet altitude, National Geodetic Vertical Datum.

(ii) Not to exceed 2.0 mg/l as NO3-N at flows exceeding low median monthly flows, in Class A(1) and A(2) waters at or below 2,500 feet altitude, National Geodetic Vertical Datum.

(iii) Not to exceed 5.0 mg/l as NO3-N at flows exceeding low median monthly flows, in Class B(1) and B(2) waters.

(4) Turbidity.

(A) Class A(1) and A(2) Waters for Any Use or Cold Water Fish Habitat. Turbidity levels not to exceed 10 NTU (nephelometric turbidity units) as an annual average under dry weather base-flow conditions.

(B) All Other Waters. Turbidity levels not to exceed 25 NTU as an annual average under dry weather base-flow conditions.

(5) Dissolved Oxygen. The dissolved oxygen criteria are instantaneous minimum values.

(A) Cold Water Fish Habitat.

(i) In waters that the Secretary determines are salmonid spawning or nursery areas important to the establishment or maintenance of the fishery resource, not less than 7 mg/l and 75% saturation at all times, nor less than 95% saturation during late egg maturation and larval development of salmonids.

(ii) All Other Waters. Not less than 6 mg/l and 70% saturation at all times.

Section 29 A-303. General Criteria Applicable to all Waters.

The following water quality criteria shall be achieved in all waters, regardless of their classification:

(1) Sludge deposits or solid refuse. None.

(2) Settleable solids, floating solids, oil, grease, scum, or total suspended solids. None in such concentrations or combinations that would prevent the full support of uses.

(3) Taste and Odor. None that would prevent the full support of uses or have an adverse effect on the taste or odor of fish.

(4) Color. No change from the natural condition that would prevent the full support of uses.

(5) Alkalinity. No change from the natural condition that would prevent the full support of uses.

(6) pH. pH values shall be maintained within the range of 6.5 and 8.5. Both the change and the rate of change in pH values shall be controlled to ensure the full support of uses.

(7) Toxic substances.

(A) General criteria. Waters shall be managed to prevent the discharge of toxic substances in concentrations, quantities, or combinations that exceed:

(i) For toxic substances that are carcinogenic, a maximum individual lifetime risk to human health greater than 10-6;

(ii) For toxic substances that are noncarcinogenic, a maximum individual lifetime risk of no adverse effect to human health; or

(iii) Acute or chronic toxicity to aquatic biota or wildlife.

(B) Human health-based criteria.

(i) In rivers, streams, brooks, creeks, and riverine impoundments, the human health based toxic pollutant criteria listed in Appendix C shall be applied at the median annual flow for toxic substances that are classified as known, probable, or possible human carcinogens or at the 7Q10 flow for toxic substances that are classified as threshold toxicants (not known or probable carcinogens).

(ii) In all other waters, the human health based toxic pollutant criteria listed in Appendix C shall apply at all times.

(C) Aquatic biota-based criteria.

(i) In rivers, streams, brooks, creeks, and riverine impoundments, the aquatic biota based toxic pollutants criteria that prevent acute or chronic toxicity listed in Appendix C shall be applied at 7Q10 flows. For chronic criteria that utilize 30-day average, 30Q10 flows shall apply. The 30Q10 flow is a biologically based design flow used to protect aquatic life from chronic effects.

(ii) In all other waters, the aquatic biota based toxic pollutant criteria for acute or chronic toxicity listed in Appendix C shall apply at all times.

(D) Other toxic substances.

(i) Where numeric criteria for a toxic substance are not established by these rules, the Secretary may establish such criteria consistent with subsection (7) of this section, based on the procedures set forth in the Vermont Toxic Discharge Control Strategy (1994).

(ii) In establishing such limits, the Secretary shall give consideration to the potential for bio-accumulation as well as any antagonistic or synergistic relationship that may exist between the wastes being discharged and the concentration of other wastes or constituents in the receiving waters.

(8) Radioactive Substances.

(A) Waters shall be managed to prevent the discharge of radioactive substances in concentrations, quantities, or combinations that may create a significant likelihood of an adverse impact on human health or a risk of acute or chronic toxicity of aquatic biota or wildlife. Unless otherwise required by these rules, the Secretary shall determine limits for discharges containing radioactive substances based on the results of biological toxicity assessments and the appropriate available scientific data, including:

(i) The Vermont State Health Regulation, Part 5, Chapter 3 "Radiological Health," effective as of January 1, 2010.

(ii) 10 C.F.R. Part 50, Appendix I.

(B) The discharge of radioactive substances shall not exceed the lowest limits which are reasonably achievable.

Section 29 A-304. Hydrology Criteria.

(a) General. To effectively implement the water conservation and hydrology policies set forth in §29A-103 of these rules, and to ensure full support of uses, the following hydrology criteria shall be achieved and maintained, where applicable. Where there are multiple activities that affect flow in a watershed, a determination of compliance with the following criteria shall include consideration of the cumulative effects of these activities.

(b) Streamflow Protection.

(1) Class A(1) Waters for Aquatic Habitat. Changes from the natural flow regime shall not cause the natural flow regime to be diminished, in aggregate, by more than 5% of 7Q10 at any time;

(2) Class B(1) Waters for Aquatic Habitat. Changes from the natural flow regime, in aggregate, shall not result in natural flows being diminished by more than a minimal amount provided that all uses are fully supported; and when flows are equal to or less than 7Q10, by not more than 5% of 7Q10. The method for ensuring compliance with this subsection is a site-specific flow study or studies.

(3) Class A(2) and B(2) Waters for Aquatic Habitat or Recreation - Boating. Any change from the natural flow regime shall provide for maintenance of flow characteristics that ensure the full support of uses and comply with the applicable water quality criteria. The preferred method for ensuring compliance with this subsection is a site specific flow study or studies. In the absence of site specific studies, the Secretary may establish hydrologic standards and impose additional hydrologic constraints, consistent with any applicable Agency of Natural Resources rule or procedure, to ensure compliance with the requirements of this subsection

(c) Flow Study Requirements.

(1) Parameters for study-based, site-specific streamflow protection requirements. Site specific studies shall be sufficiently based on scientific knowledge so that the study will aid in the Secretary's consideration of appropriate site-specific flow criteria. In the case of aquatic habitat studies, those methodologies that are acceptable for determining streamflow protection requirements pursuant to this section include hydraulic habitat studies, as well as other comparable methods of evaluation deemed appropriate by the Secretary, provided that such evaluation complies with each of the following requirements:

(A) the methodology is tailored to provide information from which to determine the relationship between aquatic habitat and streamflow;

(B) the methodology, or the scientific evaluations upon which it is based, have been subjected to peer review and evaluation, and the results of such peer review and evaluation support the conclusion that the methodology is generally acceptable.

(2) Proposals for developing site-specific flow criteria. When considering proposals for developing site-specific flow criteria in conjunction with review of an application, the Secretary may first require the filing of a study plan that defines the method to be used and provides any study details that the Secretary deems necessary, and, in the case of a study designed to evaluate the relationship between aquatic habitat and streamflow, the Secretary shall make a ruling as to the acceptability of the methodology. The Secretary need not consider any flow study unless the study plans have obtained the Secretary's approval. The plan may include Agency of Natural Resources oversight during study execution and study refinement and modification as the study proceeds. The Secretary should also establish a procedure by which completeness of the evidence in support of the proposed study-based flow could be determined prior to the Secretary's determination on the application. If the proposal is determined to be incomplete, or if the methodology which is employed is unacceptable to the Secretary, the Secretary shall issue a written request for the submission of additional evidence, with general instructions to the applicant as to the deficiency of the evidence previously submitted.

(d) Water Level Fluctuations.

(1) Class A(1) and B(1) Waters for Aquatic Habitat. Manipulation of the water level of lakes, ponds, reservoirs, riverine impoundments, and any other waters shall result in no more than a minimal deviation from the natural flow regime.

(2) Class A(2) and B(2) Waters for Aquatic Habitat or Recreation - Boating. Lakes, ponds, reservoirs, riverine impoundments, and any other waters may exhibit artificial variations in water level when subject to water level management, but only to the extent that such variations ensure full support of uses.

(e) High Flow Regime.

(1) Class A(1) and B(1) Waters for Aquatic Habitat. No change from the natural flow regime that would result in more than a minimal impact upon these waters.

(2) Class A(2) and B(2) Waters for Aquatic Habitat or Recreation - Boating. No change from the natural flow regime that would result in a change in the timing or an increase in the frequency, magnitude, rate of change, or duration of peak flows adversely affecting channel integrity or prevent the full support of uses.

Section 29 A-305. Numeric Biological Indices and Aquatic Habitat Assessments.

(a) The Secretary shall determine whether there is full support of the aquatic habitat use through appropriate methods of evaluation, including hydrogeomorphic assessments of flow characteristics, physical habitat structure, and stream processes for rivers and streams and aquatic habitat studies for lakes, ponds, and reservoirs. Applicants shall obtain the Secretary's approval of study plans prior to conducting an evaluation.

(b) In addition to other applicable provisions of these rules and other appropriate methods of evaluation, the Secretary shall establish and apply numeric biological indices to determine whether there is full support of the aquatic biota use for each class of water. In establishing numeric biological indices, the Secretary shall establish procedures that employ standard sampling and analytical methods to characterize the biological integrity of the natural condition using reference water bodies.

(c) Standardized sampling and analytical methods used to characterize the biological integrity of these communities are provided in Appendix G of these rules. Characteristic measures of biological integrity include community level parameters such as: species richness, diversity, relative abundance of tolerant and intolerant aquatic organisms, density, and the functional group composition.

Section 29 A-306. Use-specific Management Objectives and Criteria by Class.

(a) Aquatic Biota and Wildlife.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent biological integrity and aquatic biota and wildlife consistent with waters in their natural condition.

(B) Biological Criteria. Measures of biological integrity for aquatic macroinvertebrate and fish assemblages consistent with waters in their natural condition.

(C) Nutrient Criteria. The nutrient criteria are in Table 2.

(2) Class B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very good biological integrity.

(B) Biological Criteria. Change from the natural condition for aquatic macroinvertebrate and fish assemblages limited to minor changes in the relative proportions of taxonomic, functional, tolerant, and intolerant aquatic organisms.

(C) Nutrient Criteria. The nutrient criteria are in Table 2.

(3) Classes A(2) and B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain good biological integrity.

(B) Biological Criteria. Change from the natural condition for aquatic macroinvertebrate and fish assemblages not exceeding moderate changes in the relative proportions of taxonomic, functional, tolerant, and intolerant aquatic organisms.

(C) Nutrient Criteria. The nutrient criteria are in Table 2.

Table 2. Combined Nutrient Criteria for Aquatic Biota and Wildlife in Rivers and Streams

| Class A(1) | Class B(1) | Classes A(2) and B(2) | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Stream Type² | SHG | MHG | WWMG | SHG | MHG | WWMG | SHG | MHG | WWMG | | Nutrient Concentrations | | | | | | | | | | | Total Phosphorus (µg/L)³ | 10 | 9 | 18 | 10 | 9 | 21 | 12 | 15 | 27 | | Nutrient Response Conditions | | | | | | | | | | | pH | Not to exceed 8.5 standard units. | | | | | | | | | | Turbidity | Consistent with the criteria in §29A-302(4) of these rules. | | | | | | | | | | Dissolved Oxygen | Consistent with the criteria in §29A-302(5) of these rules. | | | | | | | | | | Aquatic Biota | Consistent with the criteria under §29A-305(a) of these rules. | | | | | | | | | | 1. Compliance with nutrient criteria shall be achieved either by compliance with the nutrient concentration values specified above or by compliance with all nutrient response conditions. In situations where the applicable nutrient concentrations are achieved but the nutrient response conditions are not met as a result of nutrient enrichment, the Secretary may establish alternate nutrient concentration values on a site-specific basis, as necessary, to achieve compliance with the nutrient response conditions. All waters shall maintain a level of water quality that provides for the attainment and maintenance of the water quality standards of downstream waters. 2. Stream type determinations made by the Secretary are based on biological community types that relate to stream size, gradient, and elevation. The stream types are Small High Gradient (SHG), Medium High Gradient (MHG), and Warm Water Moderate Gradient (WWMG). 3. Not to be exceeded at low median monthly flow during June through October in a section of the stream representative of well-mixed flow. | | | | | | | | | |

(b) Aquatic Habitat.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent quality aquatic habitat. The physical habitat structure, stream processes, and flow characteristics of rivers and streams and the physical habitat and water level of lakes and ponds shall be managed consistent with waters in their natural condition.

(B) Criteria.

(i) Rivers and Streams. No change in flow characteristics, physical habitat structure, and stream processes outside the range of the natural condition.

(ii) Lakes, Ponds, and Reservoirs. No change in aquatic habitat measures outside the range of the natural condition.

(iii) Hydrology Criteria. Waters shall comply with the Hydrology Criteria in §29A-304 of these rules.

(2) Class B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very high quality aquatic habitat. The physical habitat structure, stream processes, and flow characteristics of rivers and streams and physical habitat and water level of lakes and ponds necessary to fully support all life-cycle functions of aquatic biota and wildlife, including overwintering and reproductive requirements, are maintained and protected.

(B) Criteria.

(i) Rivers and Streams. Changes to flow characteristics, physical habitat structure, and stream processes limited to minor differences from the natural condition and consistent with the full support of very high quality aquatic habitat.

(ii) Lakes, Ponds, and Reservoirs. Changes in aquatic habitat limited to minor differences from the natural condition and consistent with very high quality aquatic habitat.

(iii) Hydrology Criteria. Waters shall comply with the Hydrology Criteria in §29A-304 of these rules.

(3) Classes A(2) and B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain high quality aquatic habitat. The physical habitat structure, stream processes, and flow characteristics of rivers and streams and the physical habitat and water level of lakes and ponds necessary to fully support all life-cycle functions of aquatic biota and wildlife, including overwintering and reproductive requirements, are maintained and protected.

(B) Criteria.

(i) Rivers and Streams. Changes to flow characteristics, physical habitat structure, and stream processes limited to moderate differences from the natural condition and consistent with the full support of high quality aquatic habitat.

(ii) Lakes, Ponds, and Reservoirs. Changes in aquatic habitat limited to moderate differences from natural condition and consistent with high quality aquatic habitat. When such habitat changes are a result of water level fluctuation, compliance may be determined on the basis of aquatic habitat studies.

(iii) Hydrology Criteria. Waters shall comply with the Hydrology Criteria in §29A-304 of these rules.

(c) Aesthetics.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent aesthetic quality.

(B) Criteria.

(i) Rivers and Streams. Water character, flows, water level, bed and channel characteristics, and flowing and falling waters in their natural condition.

(ii) Lakes, Ponds, and Reservoirs. Refer to Table 3.

(2) Classes A(2) and B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very good aesthetic quality.

(B) Criteria.

(i) Rivers and Streams. Water character, flows, water level, bed and channel characteristics, and flowing and falling waters of very good aesthetic value.

(ii) Lakes, Ponds, and Reservoirs. Refer to Table 3.

(3) Class B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain good aesthetic quality.

(B) Criteria.

(i) Rivers and Streams. Water character, flows, water level, bed and channel characteristics, and flowing and falling water of good aesthetic value.

(ii) Lakes, Ponds, and Reservoirs. Refer to Tables 1 and 3.

Table 3. Combined Nutrient Criteria for Aesthetics Uses in Lakes, Ponds, and Reservoirs Except for Lake Champlain and Lake Memphremagog^1,2

| Class A(1) | Classes A(2) and B(1) | Class B(2) | | | --- | --- | --- | --- | | Nutrient Concentrations | | | | | Total Phosphorus³(µg/L) | 12 | 17 | 18 | | Nutrient Response Conditions | | | | | Secchi Disk Depth (meters)⁴ | 5.0 | 3.2 | 2.6 | | Chlorophyll-a (µg/L)³ | 2.6 | 3.8 | 7.0 | | pH | Not to exceed 8.5 standard units. | | | | Turbidity | Consistent with the criteria in §29A-302(4) of these rules. | | | | Dissolved Oxygen | Consistent with the criteria in §29A-302(5) of these rules. | | | | 1. Compliance with nutrient criteria shall be achieved either by compliance with the nutrient concentration values specified above or by compliance with all nutrient response conditions. In situations where the applicable nutrient concentrations are achieved but the nutrient response conditions are not met as a result of nutrient enrichment, the Secretary may establish alternate nutrient concentration values on a site-specific basis, as necessary, to achieve compliance with the nutrient response conditions. All waters shall maintain a level of water quality that provides for the attainment and maintenance of the water quality standards of downstream waters. 2. Applies to lakes and reservoirs greater than 20 acres in surface area with a drainage area to surface area ratio less than 500:1, excluding Lake Champlain and Lake Memphremagog. 3. June through September mean not to be exceeded in the photosynthetic depth (euphotic) zone at a central location in the lake. 4. June through September mean not to be less at a central location in the lake. | | | |

(d) Recreation - Boating

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent quality boating as compatible with the natural condition.

(B) Criteria. Boating to the full extent naturally feasible without degradation due to artificial flow and water level management or artificial physical impediments.

(2) Class B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very good quality boating.

(B) Criteria. Boating to the extent feasible with no more than minor degradation due to artificial flow and water level management or artificial impediments, and with appropriate mitigation for artificial physical impediments.

(3) Classes A(2) and B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain a level of water quality compatible with good quality boating.

(B) Criteria. Waters shall comply with the Hydrology Criteria in §29A-304 of these rules.

(e) Recreation - Fishing.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain excellent quality fishing consistent with the natural condition.

(B) Criteria.

(i) Measures of wild salmonid densities, biomass, and age composition consistent with those expected in waters in their natural condition.

(ii) Waters that are designated cold water fish habitat shall comply with the Temperature Criteria in §29A-302(B) of these rules.

(2)Class B(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain very good quality fishing.

(B) Criteria.

(i) Measures of wild salmonid densities, biomass, and age composition indicative of very good population levels.

(ii) Waters that are designated cold water fish habitat shall comply with the Temperature Criteria in §29A-302(B) of these rules.

(3) Classes A(2) and B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain a level of water quality compatible with good quality fishing.

(B) Criteria.

(i) Measures of wild salmonid densities, biomass, and age composition indicative of good population levels.

(ii) Waters that are designated cold water fish habitat shall comply with the Temperature Criteria in §29A-302(B) of these rules.

(f) Recreation - Swimming and Other Primary Contact Recreation.

(1) Class A(1).

(A) Management Objectives. Waters shall be managed to achieve and maintain a level of water quality compatible with excellent quality swimming and other primary contact recreation with negligible risk of illness or injury from conditions that are a result of human activities.

(B) Criteria. Escherichia coli - Not to exceed a geometric mean of 126 organisms/100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100ml. None attributable to the discharge of wastes.

(2) Class A(2).

(A) Management Objectives. Waters shall be managed, as necessary, for consistency with use as a public water source. Where sustained direct contact with the water occurs, waters shall be managed to achieve and maintain a negligible risk of illness or injury from conditions that are a result of human activities.

(B) Criteria. Waters shall comply with the Escherichia coli Criteria in subdivision (1)(B) of this subsection.

(3) Class B(1).

(A) Management Objectives. Where sustained direct contact with the water occurs, waters shall be managed to achieve and maintain a level of water quality compatible with very good quality swimming and other primary contact recreation with negligible risk of illness or injury from conditions that are a result of human activities.

(B) Criteria. Escherichia coli - Not to exceed a geometric mean of 126 organisms/100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100 ml.

(4) Class B(2).

(A) Management Objectives. Where sustained direct contact with the water occurs, waters shall be managed to achieve and maintain a level of water quality compatible with good quality swimming and other primary contact recreation with negligible risk of illness or injury from conditions that are a result of human activities.

(B) Criteria. Escherichia coli - Not to exceed a geometric mean of 126 organisms/100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100 ml. In waters receiving combined sewer overflows, the representative period shall be 30 days. The Secretary may, by permit condition, waive compliance with this criterion during all or any portion of the period between October 31 and April 1, provided that a health hazard is not created. The Secretary shall provide written notice to the Vermont Department of Health prior to issuing a permit waiving compliance with this criterion.

(g) Public Water Sources.

(1) Class A(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain a uniformly excellent character and a level of water quality highly suitable for use as a public water source with filtration and disinfection or other required treatment.

(B) Criteria. Waters shall comply with the Escherichia coli Criteria in subsection (f)(1)(B) of this section.

(2) Class B(2).

(A) Management Objectives. Waters shall be managed to achieve and maintain a level of quality that is suitable for use as a public water source with filtration and disinfection or other required treatment.

(B) Criteria. Escherichia coli - Not to exceed a geometric mean of 126 organisms/100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100 ml.

(h) Irrigation of Crops and Other Agricultural Uses. Class B(2). Management Objectives. Waters shall be managed to achieve and maintain a level of quality that is suitable, without treatment, for irrigation of crops used for human consumption without cooking and suitable for other agricultural uses.

Section 29 A-307. Classification of Waters.

Pursuant to 1253, all waters are classified for one or more uses as Class A(1), A(2), B(1), or B(2). Appendix F of these rules lists the specific classifications for all waters.

Section 29 A-308. Fish Habitat Designation.

To provide for the protection and management of fisheries, waters are designated in Appendix A as being either a cold or a warm water fish habitat. Where appropriate, such designations may be seasonal.

Appendix A. Fish Habitat Designation.

A. Warm Water Fish Habitat

All wetlands, except those designated as cold water fish habitat in paragraph B below, and the following waters are designated as warm water fish habitat for purposes of these rules:

1. Battenkill, Walloomsac, Hoosic Basin

(a) Lake Hancock (Sucker Pond), Stamford

(b) Thompsons Pond, Pownal

2. Poultney, Mettawee Basin

(a) All waters west of Vermont Route 22A.

(b) Austin Pond, Hubbardton

(c) Beebe Pond, Hubbardton

(d) Billings Marsh Pond, West Haven

(e) Burr Pond, Sudbury

(f) Coggman Pond, West Haven

(g) Echo Lake (Keeler Pond) Hubbardton/Sudbury

(h) Half Moon Pond, Hubbardton

(i) Hinkum Pond, Sudbury

(j) Lake Hortonia, Hubbardton/Sudbury

(k) Inman Pond, Fair Haven

(l) Lily Pond, Poultney

(m) Little Pond, Wells

(n) Love's Marsh, Castleton

(o) Mill Pond (Parson's Mill Pond), Benson

(p) Northeast Developer's Pond, Wells

(q) Old Marsh Pond, Fair Haven

(r) Pine Pond, Castleton

(s) Poultney River from Carvers Falls in West Haven to its confluence with Lake Champlain

(t) Sunrise Lake, Benson/Orwell

3. Otter Creek, Little Otter Creek and Lewis Creek Basin

(a) All waters lying west of Vermont Route 22A and south of the City of Vergennes.

(b) Brilyea East Pond, Addison

(c) Brilyea West Pond, Addison

(d) Chipman Lake (Tinmouth Pond), Tinmouth

(e) Danby Pond, Danby

(f) East Creek Site I, Orwell

(g) Fern Lake, Leicester

(h) Lemon Fair River

(i) Mud Pond, Leicester

(j) Otter Creek from the outfall of the Proctor wastewater treatment facility in Proctor, to its confluence with Lake Champlain, except that portion between the Beldens Dam and the Huntington Falls Dam in New Haven/Weybridge.

(k) Richville Pond, Shoreham

(l) Stone Bridge Pond, Panton/Addison

(m) Wallingford Pond, Wallingford

Lower Lake Champlain Basin

(a) Lake Champlain south of the Crown Point Bridge.

(b) Lake Champlain, between the Crown Point Bridge and the Ferrisburg-Charlotte town boundary, where depths are less than 25 feet at Low Lake Level (93 feet NGVD) - June 1, through September 30, only.

(c) Perch Pond, Benson

5. Upper Lake Champlain Basin

(a) All streams, creeks and brooks lying with Grand Isle County.

(b) Lake Carmi, Franklin(c)

(c) Lake Champlain, between the Ferrisberg-Charlotte town boundary and the Canadian boundary, where depths are less than 25 feet at Low Lake Level (93 feet NGVD) - June 1, through September 30, only.

(d) Cutler Pond, Highgate

(e) Holmes Creek, Charlotte,

(f) Indian Brook, Colchester from Vermont Routes 2 & 7 to its confluence with Lake Champlain

(g) Lake Iroquois, Hinesburg/Williston

(h) LaPlatte River from its confluence with Patrick Brook in Hinesburg extending downstream to the Spear Street extension bridge in Charlotte annually from the period June 1 through September 30, only.

(i) Long Pond, Milton

(j) Lower Lake, (Lake Sunset), Hinesburg

(k) Malletts Creek, Colchester, from Vermont Routes 2 & 7 to its confluence with Lake Champlain

(l) Milton Pond, Milton

(m) Mud Creek Pond, Alburg

(n) Murr (Monroe) Brook, Shelburne

(o) Rock River from the Canadian boundary to its confluence with Lake Champlain

(p) Round Pond, Milton

(q) St. Albans Reservoir (N), Fairfax

(r) Stevens Brook, St. Albans

6. Missisquoi Basin

(a) Metcalf Pond, Fletcher

(b) Fairfield Pond, Fairfield

(c) Fairfield Swamp Pond, Fairfield

(d) Missisquoi River from the outfall of the Enosburg Falls wastewater treatment facility to the Swanton Dam Swanton

7. Lamoille Basin

(a) Arrowhead Mountain Lake, Milton/Georgia

(b) Flagg Pond, Wheelock

(c) Halfman Pond, Fletcher

(d) Hardwick Lake, Hardwick

(e) Horse Pond, Greensboro

(f) Lake Elmore, Elmore

(g) Lamoille River from the Peterson Dam in Milton to its confluence with Lake Champlain - June 1, through September 30, only.

(h) Long Pond (Belvidere Pond), Eden

(i) Long Pond, Greensboro

(j) Tuttle Pond, Hardwick

(k) Wapanaki Lake, Wolcott

8. Winooski Basin

(a) Berlin Pond, Berlin

(b) Bliss Pond, Calais

(c) Coits Pond, Cabot

(d) Cranberry Meadow Pond, Woodbury

(e) Curtis Pond, Calais

(f) Gillett Pond, Richmond

(g) Harwood Pond, Elmore

(h) Molly's Pond, Cabot

(i) North Montpelier Pond, East Montpelier/Calais

(j) Richmond Pond, Richmond

(k) Shelburne Pond, Shelburne

(l) Sodom Pond, East Montpelier/Calais

(m) Valley Lake (Dog Pond), Woodbury

(n) Winooski River from Green Mountain Power Corporation #19, in Essex/Williston to its confluence with Lake Champlain - June 1, through September 30, only.

9. White River Basin

(a) Lamson Pond, Brookfield

(b) Silver Lake, Barnard

10. Ottauquechee, Black Basin

(a) Black River from the Lovejoy Dam in Springfield to its confluence with the Connecticut River - June 1, through September 30, only.

(b) Deweys Mill Pond, Hartford

(c) Lake Ninevah, Mount Holly

(d) Lake Pinneo, Hartford

(e) North Hartland Reservoir, Hartland/Hartford

(f) North Springfield Reservoir, Springfield/Weathersfield

(g) Ottauquechee River from the North Hartland Dam in Hartland to its confluence with the Connecticut River.

11. West, Williams, and Saxtons Basin

(a) Burbee Pond, Windham

(b) Cole Pond, Jamaica

(c) Lily Pond, Londonderry

(d) Lowell Lake, Londonderry

Deerfield Basin

(a) Gates Pond, Whitingham

(b) Grout Pond, Stratton

(c) Howe Pond, Readsboro

(d) Jacksonville Pond, Whitingham

(e) North Pond, Whitingham

(f) Sadawaga Pond, Whitingham

(g) Shippee Pond, Whitingham

13. Lower Connecticut, Mill Brook Basin

(a) Lake Runnemede (Evart's Pond), Windsor

(b) Lily Pond, Vernon

(c) Mindards Pond, Rockingham

14. Stevens, Wells, Waits, Ompompanoosuc Basin

(a) Lake Abenaki, Thetford

(b) Ticklenaked Pond, Ryegate

(c) Waits River from the CVPS Dam in Bradford to its confluence with the Connecticut River - June 1, to September 30.

Passumpsic Basin

(a) Bruce Pond, Sheffield

(b) Chandler, Wheelock

(c) Keiser Pond, Peacham/Danville

Upper Connecticut, Nulhegan, Willard Stream, Paul Stream Basin

(a) Dennis Pond, Brunswick

(b) Halls Lake, Newbury

(c) Harriman Pond, Newbury

(d) Lake Morey, Fairlee

(e) Lower Symes Pond, Ryegate

(f) Stevens Pond, Maidstone

17. Lake Memphremagog, Black, Barton, Clyde, Coaticock, Basin

(a) Daniels Pond, Glover

(b) Lake Derby, Derby

(c) Long Pond, Sheffield

(d) Little Hosmer Pond, Craftsbury

(e) Mud Pond, Craftsbury

(f) Mud Pond, (North) Morgan

(g) Tildy's Pond (Clark Pond), Glover

(h) Toad Pond, Charleston

(i) Turtle Pond, Holland

B. Cold Water Fish Habitat

1. All waters not designated as warm water fish habitat by subsection A are hereby designated as cold water fish habitat for purposes of these rules.

2. The following wetlands are designated as cold water fish habitat:

(a) Those wetlands adjacent to the Dog River and its tributaries from the headwaters of the Dog River to the point where it first crosses State Aid highway #62 in Roxbury, a distance of approximately 1.5 miles.

(b) Those wetlands adjacent to the headwaters of the Winhall River and its tributaries on the east and west side from the outlet of Stratton Pond to the Stratton-Winhall boundary, a distance of approximately 2.0 miles.

(c) Those wetlands adjacent to the Batten Kill River from a point .75 miles north of East Dorset and extending to its confluence with Dufresne Pond in Manchester, a distance of approximately 5.5 miles.

(d) Those wetlands adjacent to the New Haven River and its tributaries from its confluence with Blue Bank Brook in Lincoln upstream to the headwaters of the respective tributaries, a distance of approximately 1.75 miles.

Appendix B. Phosphorus Criteria §3-01(A)(2)(c), Description of Lake Champlain and Lake Memphremagog segments.

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Appendix C. Water Quality Criteria for the Protection of Human Health and the Aquatic Biota.

Criteria are in micro grams per liter (g/l - parts per billion) unless indicated otherwise.

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GENERAL NOTES:

This Appendix has been updated to reflect USEPA recommendations as of October 2012. These recommendations were published in "National Recommended Water Quality Criteria," and can be found at http://water.epa.gov/scitech/swguidance/standards/criteria/current/index.cfm

The most significant changes from previous versions of Appendix C are to Human Health criteria and reflect EPA's new methodology for deriving human health criteria (Methodology for Deriving Ambient Water Quality for the Protection of Human Health" (2000), EPA-822-B-00-004, October, 2000) as published in 65 FR 66443. Additional notes and information concerning these criteria can be found in the documents referenced here. Equations used to calculate hardness-dependent metal criteria have been updated (Appendix E) and factors for converting total recoverable-based to dissolved-based criteria for metals (Appendix D) have been added to reflect current recommendations of USEPA.

"FR Cite/Source" citations have been added to all criteria. This citation refers to the EPA publication from which the criteria are derived. The "Gold Book" is Quality Criteria for Water: 1986. EPA 440/5-86-001.

Chemical Abstracts Service (CAS) registry numbers have been added to Appendix C. CAS numbers provide a unique identification for each chemical.

Tox Class - designated toxicity class for substance: A=Class A carcinogen (known human carcinogen); C=Carcinogenic (probable or possible human carcinogen); TT=Threshold Toxicant (not a known or probable carcinogen); BC=High potential to bioconcentrate or bioaccumulate;

Carcinogenic - for those toxic substances which are identified as carcinogens (A or C) the criteria have been established at a risk level of 10^-6 assuming a lifetime exposure to a 70 Kg male consuming 17.5 grams per day of fish and shell-fish products and ingesting 2.0 liters of water per day.

Threshold Toxicants - for those toxic substances which are identified as non-carcinogens (TT) the criteria are best estimates of concentrations which are not expected to produce adverse effects in human health assuming a lifetime exposure to a 70 Kg male consuming 17.5 grams per day of fish and shell-fish products and ingesting 2.0 liters of water per day.

Footnotes:

a. Maximum Allowable Concentration (MAC) = the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time (1-hour average) once every three years without deleterious effects. Average Allowable Concentration (AAC) - the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) once every three years without deleterious effects. µg/l = micrograms per liter. The MAC is the equivalent to the Federal Criteria Maximum Concentration (CMC) and the AAC is equivalent to the Federal Criteria Continuous Concentration (CCC).

b. The aquatic life criteria for this compound were developed in 1980 using 1980 EPA guidelines for criteria development. The MAC (CMC) or acute value shown is a final acute value (FAV) which by the 1980 guidelines is an instantaneous value.

c. Compound is not listed in EPA's Section 304(a) Criteria for Priority Toxic Pollutants as published in the December 22, 1992, pages 60911-60917, of the Federal Register but is included in Appendix C of the Vermont Water Quality Standards because the pollutant can be deleterious to aquatic life and criteria have been developed for the protection of aquatic organisms.

d. Criteria for this metal are expressed in terms of dissolved metal in the water column. Dissolved metal concentrations in the water column can be determined analytically or can be estimated from total metal concentrations using the conversion factors in Appendix D.

e. Aquatic life criteria for this metal is expressed as a function of total hardness (mg/l as CaCO3) in the water column and as a function of the pollutant's water effect ratio, WER, as defined in §131.36(c). Unless otherwise determined by the Secretary, in a manner consistent with the most current USEPA guidance, the WER shall be 1.0. The specific value given here corresponds to a hardness of 50 mg/l. Criteria values for other hardness may be calculated from the equations shown in Appendix E.

f. This criterion was derived from data for inorganic mercury (II) but is applied here to total mercury.

g. Vermont promulgated numerical criteria for arsenic based on freshwater fish species bioconcentration factors (BCF). A BCF of 4 was used to calculate human health protection criteria.

h. This criterion has been revised to reflect The Environmental Protection Agency's q1* or RfD, as contained in the Integrated Risk Information System (IRIS) as of May 17, 2002. The fish tissue bioconcentration factor (BCF) from the 1980 Ambient Water Quality Criteria document was retained in each case.

i. The MAC = 1/[(f1/MAC1) + (f2/MAC2)] where f1 and f2 are the fractions of total selenium that are treated as selenite and selenate, respectively, and MAC1 and MAC2 are 185.9 g/l and 12.82 g/l, respectively. This value for selenium is expressed in terms of total recoverable metal in the water column. It can be expressed in terms of dissolved metal by using the conversion factor (0.996- MAC or 0.922- AAC).

j. This human health criterion is the same as originally published in the Red Book which predates the 1980 methodology and did not utilize the fish ingestion BCF approach. This same criterion value is now published in the Gold Book.

k. Freshwater aquatic life values for pentachlorophenol are expressed as a function of pH, and are calculated as follows: MAC = exp(1.005(pH)-4.869); AAC = exp(1.005(pH)- 5.134). Values displayed in table correspond to a pH of 7.8.

l. This fish tissue residue criterion for methylmercury is used for the purpose of determination of attainment pursuant to these Standards. Fish consumption advisory guidance for mercury in fish taken from the waters of Vermont is developed by the Vermont Department of Health and is available on their website.

m. These criteria apply to total PCB's (e.g. the sum of all congenor or all isomer or homolog or Arochlor analyses).

n. These criteria expressed as ug free cyanide (as CN)/l.

Appendix D. Conversion Factors For Estimating Dissolved Metals From Total Values

To convert total metal values to dissolved metal, multiply total metal values/concentrations by the conversion factor listed (or calculated) in the table below. Alternative methods for translating total to dissolved values following USEPA guidance ("The Metals Translator: Guidance for Calculating a Total Recoverable Metals Permit Limit from a Dissolved Criterion" EPA 823-B-96-007) may be considered on a case-by-case basis.

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Appendix E. Parameters For Calculating Freshwater Total Metals Criteria that are Hardness Dependent

MAC and AAC values are calculated using the equations below the table and inserting the metal-specific values shown in the table.

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Hardness-dependent metals criteria can be calculated from the following equations:

MAC (dissolved) = exp{mA [ln (hardness)] + bA} (Conversion Factor from Appendix D)

AAC (dissolved) = exp{mC [ln (hardness)] + bC} (Conversion Factor from Appendix D)

Appendix F. Water Quality Classifications.

(a) The classification of all waters has been established by a combination of legislative acts and by classification or reclassification decisions issued by the Water Resources Board or Secretary pursuant to 10 V.S.A. § 1253. Those waters reclassified by the Secretary to Class A(1), A(2), or B(1) for any use shall include all waters within the entire watershed of the reclassified waters unless expressly provided otherwise in the rule.

(b) All waters above 2,500 feet altitude, National Geodetic Vertical Datum, are designated Class A(1) for all uses, unless specifically designated Class A(2) for use as a public water source.

(c) All waters at or below 2,500 feet altitude, National Geodetic Vertical Datum, are designated Class B(2) for all uses, unless specifically designated as Class A(1), A(2), or B(1) for any use.

(d) The waters listed in the following table are those waters classified as A(1), A(2), or B(1) for one or more designated uses.

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Appendix G Application of Biocriteria for Fish and Macroinvertebrate Communities in Vermont Wadeable Streams and Rivers.

Introduction

Section 29A-305 of this rule states that the Secretary shall establish and apply numeric biological indexes to determine whether there is support of the aquatic biota use for each class of water. This appendix incorporates into these rules procedures for the collection and analysis of fish and aquatic macroinvertebrate community data used to determine compliance with the class-specific narrative criteria included in §29A-306(a) of these rules.

Community metrics and Indexes of Biotic Integrity (IBI) have been developed expressly for Vermont wadeable rivers and streams to measure the biological integrity of each community. High biological integrity corresponds to a high degree of similarity to the natural condition. The natural condition was determined for each stream type by analyzing fish and macroinvertebrate community structure and function from Vermont waters least affected by human activities. In order of increasing departure from the natural condition of fish and macroinvertebrate communities, waters are categorized as Excellent - Class A(1), Very Good - Class B(1), and Good - Class (B2)3. Guidance on this appendix is provided on the Department's website at: http://dec.vermont.gov/watershed/map/monitor/biomonitoring.

Macroinvertebrate Community Biocriteria

Macroinvertebrate Community Types. Stream macroinvertebrate community types are largely differentiated based on streambed gradient, which dictates substrate coarseness. Moderate to high gradient streams are dominated by gravel to boulder size material, while low gradient streams are dominated by silt and sand bottoms. Three community types have been identified from moderate and high gradient riffle habitats and are differentiated largely on site drainage area and elevation. They are "Small High Gradient (SHG)," "Medium High Gradient (MHG)," and "Warm Water Moderate Gradient (WWMG)." Two low gradient communities are differentiated by habitat characteristics in sand and silt dominated streams. They are "Hybrid Low Gradient (HLG)," and "Slow Low Gradient (SLG)" respectively. Community types are assessed with different combinations of biological criteria and different scales of metric scoring. Community metrics are assessed independently for the three moderate and high gradient (riffle habitat) community types. The two low gradient community types are assessed using Indexes of Biotic Integrity (IBIs), in which individual metric scores are summed to produce a single index value.

Macroinvertebrate Community Sampling Methods. The macroinvertebrate biocriteria are applicable to wadeable streams. For moderate and high gradient communities, a bottom kick-net shall be used to sample four representative riffle habitats from a given stream reach. The four sub-samples shall be composited into a single sample. For low gradient communities, a sample shall consist of a composite of four kick-net sweeps or jabs into woody debris, root wads, macrophytes and or submerged stream-side vegetation.

Samples shall be preserved in the field and processed in the lab to remove macroinvertebrates from plant and mineral detritus. A minimum of 25% of the sample shall be processed to ensure accurate community metric calculations. If 300 organisms are not removed in the initial 25% subsample, the subsample size shall be incrementally expanded until a minimum of 300 organisms are removed. All macroinvertebrates removed shall be identified by taxonomists to the lowest practical level, with a target level of genus or species for most organisms.

Medium and High Gradient "Riffle Habitat" Macroinvertebrate Metrics

The biological integrity of macroinvertebrate communities in moderate to high gradient streams shall be evaluated using an independent multi-metric scoring system calibrated for each of the three stream community types: SHG, MHG, and WWMG (Tables A-1, A-2, and A-3). Threshold values for each community type have been established for each metric that correspond to increasing levels of departure from the natural condition. In a site assessment, the metric or metrics with the greatest departure from natural condition (lowest level of quality) shall be used to assign the community to a level of biological integrity ranging from Poor to Excellent.

Scoring Community Data. Each threshold metric value identifies a level of biological integrity: Excellent, Very Good, Good, or failing to fully support aquatic biota (Fair or Poor). Metric values from a macroinvertebrate community assessment that fall within a specified range immediately below a threshold indicate an "indeterminate" finding for that metric being intermediate between that level and the next lower level.

An assessment of metric values consists of a systematic comparison of each value against threshold criteria for each level, beginning with Excellent, using the following procedure:

(1) The biological integrity of the community shall achieve classification criteria A(1), B(1), or B(2) when all metrics are at or above the threshold for that class.

(2) When one or more metrics fall below the threshold "indeterminate" range, all metric values shall be compared to the next lower level of biological integrity until (1) above is met.

(3) If neither (1) nor (2) above are met, an "indeterminate" finding shall be made for that assessment. An indeterminate finding shall result in a transitional assessment rating between the level the site is indeterminate for and the one immediately below that (e.g. Fair/Good or Good/Very Good).

(4) An outcome for a single metric may be adjusted upward or downward if it is documented by the biologist that the metric value is not representative of the macroinvertebrate community. For example, this could be due to an unusual hyper-dominance of a taxon in its early stages of development.

Table A-1. Metrics for Small High Gradient (SHG) macroinvertebrate communities.

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Table A- 2. Metrics for Medium High Gradient (MHG) macroinvertebrate communities.

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Table A-3. Metrics for Warm Water Moderate Gradient (WWMG) macroinvertebrate communities.

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Low Gradient Macroinvertebrate IBIs

Two IBIs shall be used to assess the two macroinvertebrate community types in low gradient streams (Tables A-4 and A-5). The IBIs for Slow Low Gradient (SLG) or Hybrid Low Gradient (HLG) community types contain ten metrics, with each metric scored with a value from one to five. A value of one corresponds with Poor, indicating the most departure from natural condition. A value of five corresponds with Excellent, indicating similarity to the natural condition. Table A-6 shows IBI scores with corresponding levels of biological integrity and water classification.

An initial IBI score shall be calculated by summing all individual metric scores, which results in a range of 10-50. The final IBI score shall be determined by applying the following steps:

(1) If the initial IBI score is less than 29, then score as shown in Table A-6.

(2) If the score is equal to or more than 29, then proceed to (3) below.

(3) If metric 1, or metrics 2 and 3, or any four metrics score a "1" or "2", then score community a 28 (Fair).

(4) Determinations for any assessment level on Table A-6 may be adjusted upward or downward if it is documented by the biologist that the finding is not representative of the macroinvertebrate community.

Fish Community Biocriteria

Fish Community Indexes of Biotic Integrity (IBI). The health or biological integrity of fish communities in wadeable, hard bottomed Vermont streams shall be evaluated by one of two IBIs, the Cold Water IBI (CWIBI) or the Mixed Water IBI (MWIBI). These two IBIs measure the extent of departure of the fish community from the natural condition. The CWIBI is used to assess the biological integrity of cold water, hard bottom streams that support two to four native species. The CWIBI is comprised of six metrics, with each metric having a possible score of 1.5 (Poor) to 7.5 (Excellent). The MWIBI is used to assess the biological integrity of both warm water and cold water, hard bottom streams that support five or more native fish species. The MWIBI is comprised of nine metrics, each having a possible score of 1 (Poor) to 5 (Excellent). In applying the two IBIs, each metric is scored and then summed to produce a final score. Final scores for both IBIs range from 9 (Poor) to 45 (Excellent). Assessment scores that are within 2 points of the next highest or next lowest rating may be placed into that next highest or lower level by the biologist. Extenuating factors considered in making these determinations may include metric values that show dramatically higher or lower values, the proportion of the community composed of nonnative fish species, and species dominance.

Fish Community Sampling Methods. Fish are collected using one or more backpack electrofishers. A sample shall be taken from a section of stream representative of the habitat present in the overall stream reach and shall be long enough to provide a reliable sample. The minimum section length to be fished in wadeable streams shall be 75 meters and increases with mean section width (Table A-7). When mean river widths exceed 12 meters, sampled area shall be reduced to the area from both banks out to approximately 6 meters. An IBI shall be calculated from a single electrofishing run.

Where density is of particular concern, two to three runs shall be conducted, and a population estimate shall be calculated; when second run catch density exceeds 50% of first run, a third run shall be performed. Individual fish captured during the electrofishing run shall be enumerated by species, and the count of deformities, fin erosion, and lesions or tumor anomalies shall be noted for each species.

Appendix H. Outstanding Resource Waters.

1. Batten Kill, Towns of East Dorset and Arlington. Designated June 12, 1991. The main stem of the Batten Kill from its headwaters in East Dorset and the West Branch to the New York border at Arlington, Vermont, a distance of approximately 26 miles. Designated on the basis of exceptional natural, recreational, cultural, and scenic values.

2. Pike's Falls/Ball Mountain, Town of Jamaica. Designated June 21, 1991. A portion of the North Branch between the point where Kidder Brook enters the brook above Pike's Falls to the point below the falls where an unnamed tributary, which originates from the Winhall Municipal Forest, enters the North Branch. This segment is approximately 4,000 feet in length and within this distance the stream descends 140 feet, much of the drop occurring within Pike's Falls. Designated on the basis of exceptional natural, recreational, and scenic values.

3. Poultney River, Towns of Poultney and Fair Haven. Designated June 28, 1991. The lower portion of the Poultney River beginning at the Poultney/Fair Haven town line and continuing downstream to its confluence with Lake Champlain. Designated on the basis of exceptional natural, cultural, and scenic values.

Great Falls, Ompompanoosuc River, Town of Thetford. Designated March 6, 1996. That portion of the Ompompanoosuc between its confluence with a tributary draining both Gillette Swamp and Mud Pond, also known as Forsyth Pond, and its confluence with the West Branch, 3.8 miles downstream in the Town of Thetford. Designated on the basis of exceptional recreational, cultural, scenic, and natural values.

History

• EFFECTIVE DATE:
• December 1995
• AMENDED:
• February 13, 1996 Secretary of State Rule Log # 96-13; October 7, 1996 Secretary of State Rule Log # 96-58; April 21, 1997 Secretary of State Rule Log # 97-13; April 1, 2000 Secretary of State Rule Log # 00-21 (Appendix A only); July 2, 2000 Secretary of State Rule Log # 99-26; February 9, 2006 Secretary of State Rule Log # 06-003; January 1, 2008 Secretary of State Rule Log #07-051; December 30, 2011 Secretary of State Rule Log #11-050; October 30, 2014 Secretary of State Rule Log #14-035; May 2015 [Renumbered from 12 004 052 pursuant to Section 26 of Act No. 138 of 2012]; June 2015 [correction to add Appendices C., D. E.]; December 2015 [correct typographic errors]; 11/15/2022 Secretary of State Rule Log # 22-028
• STATUTORY AUTHORITY: 10 V.S.A. §§ 1252(e), 1253 and 6025

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 026 BEAR MANAGEMENT (10 V.S.A. APP Section 7)

12-026 Code Vt. R. 12-010-026-X BEAR MANAGEMENT (10 V.S.A. APP Section 7)

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the black bear population.

1.3 In accordance with 10 V.S.A. § 4084, this rule establishes season and possession limits for black bear, and prescribes the manner and means of taking black bears.

Section 2.0 Purpose

The purpose of this regulation is to establish seasons for the taking of black bear, to establish legal means or methods of taking black bears, and to establish limits on the number of black bears to be taken annually.

Section 3.0 Definitions

3.1 "Accompany" for the purposes of hunting bear with dogs means that:

a. A Sub-permittee engaged in the control, handling, transporting or intercepting of Department registered dogs while hunting with dogs, shall be under the express direction of the permit holder, and

b. A Sub-permittee who harvests a black bear shall be under the direct control and supervision of the bear dog permit holder, including the ability to see and communicate with each other without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

3.2 "Bait" means as any animal, vegetable, fruit, mineral matter, honey, or any other substance capable of luring or attracting black bear or any other wildlife.

3.3 "Baited area" means an area where any animal, vegetable, fruit, mineral matter, honey, or any other substance capable of luring or attracting black bear or any wildlife, has been placed or deposited including, but not limited to, bird feeders.

3.4 "Bear Dog Permit" or "Permit" means a permit issued by the Commissioner to a person who wishes to hunt, pursue or take black bear with the aid of dogs.

3.5 "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.

3.6 "Control of Dog/Dogs" means the transportation, loading or unloading of dogs from vehicle(s); the handling, catching, restraining or releasing dogs; and the use of telemetry/GPS to locate or track dogs.

3.7 "Department" means the Vermont Fish and Wildlife Department.

3.8 "Department Registered Dog" means a dog bearing a numbered identification dog-tag (Department Registration Dog-Tag) approved or issued by the Vermont Fish and Wildlife Department, with the permit holder's bear dog permit number and a number one through six.

3.9 "Hunting with Dogs" for the purposes of this rule means that one or more dog(s) with Department Registered Dog-Tags are on the ground whether in pursuit of a black bear or not.

3.10 "Legal means" or "Legal method" means the taking of a black bear by muzzleloader, rifle, handgun, archery equipment, or crossbow.

3.11 "Pack of Dogs" means one to six dogs, acting as a unit during the pursuit of black bear.

3.12 "Sub-Permittee" means any person with a valid Vermont hunting license designated by the bear dog permit holder to assist or take a bear with the aid of dogs, in accordance with written authorization issued by the Department.

3.13 "Relaying Dogs/Packs" means the removal and replacement of one or more dog or dogs to the trail of a bear to the original pack of dogs once the pursuit has begun. If the hunting or pursuit of a black bear commences with fewer than six dogs in the original Pack of Dogs, the addition of a dog or dogs shall not be considered relaying, provided that no more than the same six dogs are part of a single Pack of Dogs during the hunting, pursuing or taking of a black bear.

3.14 "Bear Tag" means a document issued by the Department authorizing the taking of a black bear in the current season.

3.15 "Unregistered Dog" means a dog that does not have a valid numbered dog license as described in 3.8.

Section 4.0 Seasons and Shooting Hours

4.1 Early and Late Season

a) Early Season: For Vermont Residents: September 1 through the day before the first day of the Regular Deer Season. For Non-Vermont Residents without the use of dogs: September 1 through the day before the first day of the Regular Deer Season. For Non-resident Bear Dog Permit Holders: The early black bear season shall be open to Non-Resident bear dog permit holders on September 15 and not before.

b) Late Season: For Vermont Residents and Nonresidents: The first day of the Regular Deer Season through the second Sunday of the Regular Deer Season.

4.2 Shooting hours: One half hour before sunrise until one half hour after sunset.

Section 5.0 Tags and Bag Limit

5.1 To take a black bear during the Early Season, a person must, in addition to a having a valid Vermont Big Game Hunting license, possess an Early Season Bear Tag issued separately by the Department.

5.2 To take a black bear during the Late Season, a person must have a valid Vermont Big Game Hunting license.

5.3 A person shall not harvest more than one black bear per calendar year, not to include animals taken pursuant to 10 V.S.A. § 4827.

Section 6.0 The Taking of Bear with the Aid of Dogs

6.1 Licenses and Permits Any person hunting, pursuing, harvesting, or in any manner involved in the taking of a black bear with the use of dogs must hold a valid Vermont Big Game Hunting License, use only Department Registered Dogs and have purchased a valid bear tag. In addition, the person hunting, pursuing, harvesting, or in any manner involved in the taking of a black bear with the use of dogs must hold a valid bear dog permit or accompany a bear dog permit holder. The permit shall be carried at all times by the permittee while hunting with dogs or taking black bear and exhibited to a game warden, landowner, or law enforcement officer upon demand.

6.2 A person shall not take a black bear into his/her actual possession except by killing the bear by legal means or methods.

a) A person taking black bear with the use of a bow and arrow or crossbow shall, upon demand of a game warden or other law enforcement personnel, show proof of having a prior archery license, or of having passed a bow hunter education course in Vermont, another state or a province of Canada approved by the Commissioner.

6.3 Dogs and Packs

a) A person shall not take black bear with the aid of dogs unless the person is in control of the dog or dogs.

b) No person shall take a black bear with the aid of any Unregistered Dog. No person shall have an Unregistered Dog in his or her possession while hunting, pursuing or taking a black bear.

c) A person hunting with dogs, pursuing, and taking black bear with the aid of dogs shall attach a Department Registration Dog-Tag and a metal identification name plate with the person's name, address and telephone number to the dog's collar.

d) A person taking a black bear with the aid of dogs shall only take a black bear with a Pack of Dogs as defined in this rule. No person shall pursue, hunt, or take black bear by Relaying Dogs/Packs.

e) Two or more permit holders may hunt together and combine Department Registered dog(s) to form a Pack of Dogs. The combined bear dog permit holders shall not take black bear with the aid of more than six dogs combined forming a single pack of dogs. Once hunting with dogs commences, dogs not on the hunt shall be restrained in the dog box or inside the vehicle. The combined bear dog permit holders shall not possess any Unregistered Dogs while hunting, pursuing or taking black bear.

Section 7.0 Prohibitions

7.1 No person shall place bait to attract black bear for the purposes of allowing a bear dog to catch/strike the scent of a black bear. No person take bear by using bait or a baited area.

7.2 A person shall not advertise, barter, exchange goods or services, or otherwise sell the use of a dog or dogs for the purpose of taking any black bear.

7.3 While hunting with dogs, no person shall have in their possession an Unregistered Dog while possessing Department Registered dogs.

7.4 It shall be a violation for a Vermont resident to apply for a bear dog permit for the purpose of allowing a nonresident bear dog owner to hunt bear in Vermont with the aid of dogs.

7.5 No person shall hunt black bear with a bow and arrow or crossbow if the arrow or bolt has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges.

Section 8.0 Reporting

8.1 The black bear carcass shall be field dressed prior to reporting.

8.2 Upon request of a Game Warden, the person harvesting the bear and the permit holder shall show and return to the kill site with a Game Warden.

8.3 All bear harvests shall be reported to a game warden, official Fish and Wildlife Department Reporting Station, or a person designated by the Commissioner within 48 hours. The person who harvested the bear and the bear dog permit holder must both be present to legally report the harvest. If the bear dog permit holder harvested the bear, only he or she must be present when reporting the harvest.

8.4 It shall be unlawful to provide false information when reporting a black bear taken with the aid of dogs.

8.5 The fine, points and any other penalty for any violation of this subsection 8 shall be assessed to the violator and in addition, to the permit holder if the violator is not the permit holder.

Section 9.0 Biological Collection

9.1 Any person who harvests a bear shall collect a premolar tooth and submit the tooth to a game warden, official Fish and Wildlife Department Reporting Station, or to a person designated by the Commissioner to receive the biological collection, within (30) thirty days of taking the bear.

9.2 Unless otherwise specified by statute, the failure to collect and submit a bear tooth shall not result in license suspension points and shall be considered a minor violation subject to a civil fine.

History

• EFFECTIVE DATE:
• April 22, 1993 Secretary of State Rule Log #93-26
• AMENDED:
• June 1, 2007 Secretary of State Rule Log #07-012; January 1, 2013 Secretary of State Rule Log #12-021; January 1, 2017 Secretary of State Rule Log #16-060; January 1, 2018 Secretary of State Rule Log #17-058; January 1, 2020 Secretary of State Rule Log #19-044
• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4084

Chapter 027 REGULATION #872 - PROHIBITS DISCHARGE OF FIREARMS, TOWN OF ADDISON

12-027 Code Vt. R. 12-010-027-X REGULATION #872 - PROHIBITS DISCHARGE OF FIREARMS, TOWN OF ADDISON

Pursuant to the procedures as provided in 3 V.S.A. 803, and under authority of 10 V.S.A. 4146 the following regulation is adopted:

Pursuant to the powers vested in me as Commissioner by 10 V.S.A. 4146, it is ordered that the discharge of firearms is prohibited on the below described area from October 1 to December 31 of each year:

The so-called Brilyea East Duke in the Town of Addison, in an area approximately 700 feet in length and 100 feet in width enclosed by a singel strand of wire, further described as being located at the end of the Fish and Game Access Area approximately 1 mile south of Route #17.

Dated at the City of Montpelier this 17th day of September, 1973.

By Order of:

EDWARD F. KEHOE

COMMISSIONER

Approved:

Paul Atherton, Chairman

Fish and Game Board

History

• Effective Date: September 12, 1973

Chapter 028 NON-GAME WILDLIFE MANAGEMENT

12-028 Code Vt. R. 12-010-028-X NON-GAME WILDLIFE MANAGEMENT

TEXT OF RULE

A plan for the management of nongame wildlife species in Vermont includes all members of the animal kingdom: mammals, birds, reptiles, amphibians, fish, mollusks, crustaceans, insects and other invertebrates, and is limited to species not commonly taken for sport or profit, nor classified as domesticated.

Projects determined in accordance with the plan will be coordinated by the Nongame and Natural Heritage Program and performed by program staff with assistance from other Fish and Wildlife Department staff and cooperating organizations and individuals. Projects may also be performed on a contractual basis with qualified individuals and/or institutions.

The plan comprises five primary objectives:

(1) inventories and status determination of species and natural communities,

(2) species, habitat, and natural community management,

(3) planning assistance and environmental review, and

(4) outreach and education. Determination of project priorities will include consideration of species status and degree of threat, population and habitat trends, level of knowledge, public interest and support, availability of funding, arenas underserved by other institutions, and ability to make a difference.

Financial resources for project expenditures will be derived from donations to the Vermont Nongame Wildlife Fund, proceed from sale of vehicle conservation license plates, federal funding sources, the business community, grants, and other sources authorized by the Commissioner of Fish and Wildlife.

(1) Inventories and Status Determination of Species and Natural Communities: Inventories of Vermont's wildlife and natural communities will be conducted to increase our understanding about Vermont's wildlife, their rarity, threats to their continued survival, and to help identify other conservation needs. Status will be determined for species and natural communities as practicable and the expertise of others will be solicited when needed.

(2) Species, Habitat, and Naural Community Management: Monitoring and management of populations will proceed if needed based on status determination and level of knowledge. Measures to reduce threats or enhance numbers in populations experiencing decline will be taken. In situations where a comon species is negatively impacting other wildlife or humas, population control or management may be attempted. Species may be reintroduced when appropriate. Legal protection of nongame species will be enforced by law enforcement personnel. Collection of nongame wildlife for scientific research, educational purposes, or for the purpose of using them as the subjects of art or photography shall be authorized by issuance of a Scientific Collection Permit. Other collections or take of nongame wildlife shall be authorized by Commissioner letter in addition to a valid Vermont Hunting License or Small Game License.

Land in state ownership will be managed using appropriate wildlife and natural community management techniques. Sitespecific management on state lands and on other lands when landowner permission is granted may include placement of predator shields, artificial nesting platforms, and informational signs; controlled burning; vegetation management; and water level stabilization. Wildlife and natural community management will be encouraged through publications and other outreach efforts.

(3) Planning Assistance and Environmental Review: Certain critical land and aquatic systems will be protected statewide. Protection will be afforded through Act 250 criteria and other legislation, land acquisition, purchase of development rights, conservation agreements, and the assistance of interested landowners. Aquatic system will be protected through current laws and legislation, and acquisition of riparian lands. Conservation and other planning will be assisted through appropriate information sharing using the Biological Conservation Database (BCD). Caution shall be exercised so that revealing site-specific information does not result in threats to rare species and necessary habitat or compromise landowner privacy interests.

(4) Outreach and education: To foster increased respect and appreciation of our natural heritage, education and outreach efforts will be directed toward achieving a better understanding of Vermont's nongame wildlife, their habitats, and natural communities. An Outreach and Education Specialist position will be integrated into the Nongame and Nautral Heritage Program and help develop an education and outreach strategy. Activities to enhance nongame wildlife education will complement other Department and Agency efforts, and those of other conservation education groups. Networking with ohter organizations and teachers will be emphasized in order to maximize information exchange. Products and activities may include, but are not limited to, fact sheets, booklets, slide shows, videos, workshops, exhibits, and school programs. Opportunities for nongame wildlife education will be created when appropriate on public land. These may indlcude, but are not limited to observation areas and walking trails.

(5) Small Grants Program. A program will be established to fund nongame research in the scientific community. Research to be funded may include, but is not limited to, habitat requirements of nongame species and identification of population limiting factors.

All projects will be reviewed in accordance with the above guidelines.

History

• Effective Date: March 8, 1988 (Secretary of State Rule Log #88-09)
• August 2, 1997 (Secretary of State Rule Log #97-33)

Chapter 029 RACCOON AND PARTRIDGE SEASON

12-029 Code Vt. R. 12-010-029-X RACCOON AND PARTRIDGE SEASON

Action 1.

The Fish and Game Board hereby adds § 43(f) to Title 10 Appendix to read:

A person shall not take a raccoon by shooting except with a .22 caliber rimfire or # 2 shot or smaller.

Action 2. The Fish and Game Board hereby amends Title 10 Appendix § 21(b) to read:

| Col. One | Col. Two | Col. Three | | --- | --- | --- | | Partridge (ruffed grouse) | Last Saturday in | 4 daily limit | | September to December | 8 possession limit | | | 31, inclusive. | | |

History

• Effective Date: October 31, 1978 (SOS Rule Log #78-112)
• Statutory Authority: 10 V.S.A. §§ 4081 - 4086.

Subagency 030 DEPARTMENT OF ENVIRONMENTAL CONSERVATION

Chapter 030 BOAT MOORING REGULATIONS

12-030 Code Vt. R. 12-030-030-X BOAT MOORING REGULATIONS

Rule No.1 Definitions

For the purpose of these regulations the terms defined in this section have the following meanings ascribed to them:

a. "Anchoring" shall mean to secure a boat within a Mooring Management Zone by use of an anchor for a period not exceeding 72 hours. Boats anchored within a Mooring Management Zone for a period exceeding 72 hours shall be considered to be moored.

b. "Board" shall mean the Vermont Water Resources Board.

c. "Boat" means every description of watercraft used or capable of being used as a means of transportation on water including but not limited to amphibian or pontoon aircraft.

d. "Colonial Method" shall mean drawing a base line between the two corners of any shoreline property where they meet the shore as defined by the ordinary highwater level. From these two corners extend parallel lines at a 90 degree angle from the base line. Where the extension of such lines by contiguous property owners encompass the same area, it shall be divided by a line bisecting the area of such overlap. On Lake Champlain, the ordinary highwater level shall be 98.0 feet above mean sea level.

e. "Marina" shall mean any facility or property used for the purpose of providing access to public waters including parking facilities or other services for five or more moorings, whether or not a full range of services and facilities is provided for value which may consist of a fee, contribution, donation, barter or other consideration.

f. "Moor" and "Mooring" shall mean to secure a boat other than by anchoring as defined above to any floating object, structure or other device located beyond the shoreline of any navigable body of water. For purposes of these regulations, where two or more boats are secured to the same floating object, structure or other device, each boat shall be considered a separate mooring.

g. "Mooring Management Zone" shall mean clearly delineated areas of Lake Champlain and its tributaries within which the Water Resources Board has determined that the placement of moorings requires regulation in the public interest.

h. "Person" shall mean an individual, partnership, corporation, association, unincorporated organization, trust or other legal or commercial entity, including a joint venture or affiliated ownership. The word "Person" also means a municipality or state agency.

Rule No.2 Marinas

Within 90 days of the effective date of these regulations, and annually thereafter, the owner or operator of all marinas as defined by rule 1(e) above located on Lake Champlain or its navigable tributaries shall provide in writing, on forms made available by the Board, the following information:

a. Name and mailing address of the owner and operator of the marina.

b. A map showing the location of the marina.

c. The number of boats moored as of July 1st.

d. Such additional information as the Board may require.

Rule No.3 Designation of Mooring Management Zones

a. General

In accordance with the provisions of 10 V.S.A., section 1424, the Board may designate areas of Lake Champlain or its navigable tributaries within which the mooring of boats shall be regulated in accordance with the provisions set forth below.

b. Petitions - Who can file

Upon receipt of a petition filed in accordance with the provisions of this rule (see c below) by not less than 10 freemen or an organization with not less than 25 members or the legislative body of a municipality, or upon its own motion, the Board shall hold a public hearing to consider the designation of a Mooring Management Zone.

c. Petitions - Form

Petitions to establish a new Mooring Management Zone or to change the configuration of an existing Mooring Management Zone shall include the following information:

(1) A verbal description, including distances, compass bearings, and references to readily identifiable landmarks of the area for which Mooring Management Zone designation is sought.

(2) One copy of the appropriate U.S. Lake Survey Chart showing the boundaries of the proposed Mooring Management Zone.

(3) One copy, if applicable, of an adopted or proposed municipal bylaw providing for local administration of the Water Resources Board's boat mooring regulations (see rule 4).

(4) A description of any areas within the proposed Mooring Management Zone from which boat moorings should be excluded or otherwise restricted by Board Order.

(5) A description of any other uses of the public waters within the Mooring Management Zone, for which the regulation by the Water Resources Board is sought.

d. Hearings and Public Notice

A public hearing to consider the designation of a Mooring Management Zone shall be held at a location convenient to the waters affected following not less than 15 days public notice. Public notice shall be provided by publication of a legal notice in a newspaper generally circulating the area affected and by mailing a copy of the legal notice to the Town Clerk, Town Board of Selectmen, Town Planning Commission and Regional Planning Commission adjacent to the waters affected and to the Secretary of the Agency of Environmental Conservation.

e. Mooring Management Zone - Criteria

In considering whether to establish or modify a Mooring Management Zone, the Board shall determine whether or not such action is in the public interest and shall consider the following criteria:

(1) The size, flow and depth of the waters affected.

(2) The predominant use of the adjacent lands and shoreline.

(3) The predominant use of the waters prior to regulation.

(4) The uses for which the water or the lands lying thereunder are adaptable.

(5) The scenic beauty and recreational uses of the area.

(6) The need for protection of fish and wildlife habitat and rare or irreplaceable natural areas.

(7) The provisions of any and all applicable and duly adopted municipal shoreland ordinances, municipal plans or regional plans.

f. Orders Establishing Mooring Management Zones

Upon an affirmative determination by the Board that the establishment or modification of a Mooring Management Zone is in the public interest, it shall promulgate a rule which provides for the following:

(1) Delineation of the boundaries of the Mooring Management Zone.

(2) Delineation of the areas in the Mooring Management Zone within which boat moorings are to be restricted or prohibited.

(3) Those uses, if any, within the designated Mooring Management Zone other than the mooring of boats which shall be subject to regulation.

(4) Such other provisions as the Board deems to be in the public interest.

g. Changes to Mooring Management Zones

Any changes to the boundaries of an existing Mooring Management Zone shall be subject to the notice requirements set forth in rule 3(d) above. A public hearing on such changes may be held by the Board on its own motion and shall be required if requested within the notice period by a petition signed by 10 freemen, the legislative body of a municipality or by an organization with 25 or more members.

Rule No.4 Delegation of Authority

a. General

In accordance with the provisions of 10 V.S.A., section 1424(f), the Board may delegate its authority to regulate the mooring of boats within a designated Mooring Management Zone to one or more municipalities located adjacent to the public waters affected.

b. Petitions - Who can file

Upon receipt of a petition filed in accordance with the provisions of rule 4(c) below by the legislative body of one or more municipalities located adjacent to any proposed or designated Mooring Management Zone, the Board shall hold a public hearing to consider whether to delegate its authority to regulate the mooring of boats under the provisions of 10 V.S.A., section 1424(f).

c. Petitions - Form

Petitions for a delegation of authority shall include the following:

(1) A written request from the legislative body of the municipality or municipalities seeking such a delegation of authority within a specified Mooring Management Zone existing or proposed.

(2) A copy of the proposed or adopted bylaw by which the municipality proposes to regulate the establishment of boat moorings.

(3) A written narrative summarizing the problems which the municipality seeks to address by its petition.

(4) One copy of all applicable and duly adopted municipal or regional plans, municipal shoreland ordinances and other municipal bylaws or ordinances.

(5) Such other information as the Water Resources Board may require.

d. Hearings and Public Notice

Notice of a public hearing to consider a petition for the delegation of Board authority to one or more municipalities located adjacent to any designated or proposed Mooring Management Zone shall be provided in accordance with rule 3(d). At its discretion, the Board may jointly consider petitions for the designation of Mooring Management Zones and for the delegation of its authority to regulate the mooring of boats within such waters.

e. Delegation of Authority - Criteria

In considering whether to delegate its authority within any proposed or existing Mooring Management Zone, the Water Resources Board shall consider whether or not such delegation of its authority is in the public interest and shall consider:

(1) The adequacy of the proposed municipal bylaw or ordinance to effectively and equitably regulate the mooring of boats within a designated Mooring Management Zone.

(2) The effect of the proposed municipal bylaw or ordinance on the conservation of the surface of public waters for other public uses.

(3) Consistency of the proposed municipal bylaw with any duly adopted municipal shoreland zoning ordinance, municipal, regional or state plan.

Rule No.5 Local Administration

a. Local Bylaws or Ordinances

Municipalities seeking a delegation of authority from the Water Resources Board under the provisions of 10 V.S.A., section 1424(f) must enact a bylaw or ordinance in accordance with the applicable provisions of 24 V.S.A., Chapter 59. Such bylaws or ordinances may provide for:

(1) Different classes of applicants.

(2) Mooring equipment specifications and standards.

(3) Collection of fees necessary to defray municipal expenses for the administration of bylaws.

(4) Any other provisions which are consistent with these regulations and applicable Vermont statutes.

b. Required Provisions

Local bylaws or ordinances providing for the regulation of the establishment of boat mooring facilities under delegation of authority by the Water Resources Board must be adopted in conformance with 24 V.S.A., Chapter 59 an [and] must provide for the following:

(1) Enforcement provisions including penalties for violations and designating the municipal official or body which shall routinely administer and enforce the bylaw or ordinance.

(2) A procedure for appeal from the action of the municipal official, board or commission charged with the routine administration and enforcement of the bylaw.

(3) The appeal of any final decision of the municipality to the Water Resources Board.

(4) A detailed description of the application deadlines, public notice requirements and the administrative procedure by which applications will be considered including specific time frames within which various actions must occur.

(5) A detailed description of classes of applicants, information required from prospective applicants, criteria by which applications will be reviewed, the duration of permits issued for specified activities.

c. Bylaw Amendments

The local legislative body may amend its bylaws from time to time provided that such amendments are in accordance with the provisions of 29 V.S.A., Chapter 59 and that:

(1) New Powers

Where a municipality seeks to alter the boundaries of a Mooring Management Zone or the activities which are regulated, it shall file such a request with the Water Resources Board.

(2) New Procedures

Where a municipality seeks to amend its bylaws solely to alter local administrative procedures, it shall file a copy of proposed amendments with the Water Resources Board and such other parties as the Board may direct. The Board shall have 30 days within which to object to the proposed amendments or to schedule a hearing to receive public comment. Such action shall stay the effectiveness of any such bylaw amendment.

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History

• STATUTORY AUTHORITY: Statutory authority not provided.
• EFFECTIVE DATE: September 3, 1980 Secretary of State Rule Log #80-86
• AMENDED: May 2015 [Renumbered from 12 004 015 pursuant to Section 26 of Act No. 138 of 2012]

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 031 SEASONS, BAG LIMITS (10 V.S.A. APP section 31)

12-031 Code Vt. R. 12-010-031-X SEASONS, BAG LIMITS (10 V.S.A. APP section 31)

Section 31 Seasons, bag limits

The game animals specified in column one may be taken only during the period specified in column two not in excess of the numbers specified in column three and may be possessed only to the numbers specified as possession limit, except as provided in section 32 of this title.

| Column One | Column Two | Column Two | | --- | --- | --- | | ANIMAL | SEASON BAG | LIMIT | | (a) Gray Squirrel | September 1st to December 31st both dates inclusive. | 4 bag limit, 8 possession limit | | (b) Rabbit | Last Saturday in September to second Sunday in March, inclusive. WMUs D and E remain open through March 31. | 3 bag limit, 6 possession limit | | (c) Caribou | No open season. | Zero | | (d) Elk | No open season. | Zero | | (g) Moose | No open season except as established by Regulation of the Board. | As established by Regulation of the Board |

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4084
• EFFECTIVE DATE: May 9, 1961
• AMENDED: August 23, 1963; September 13, 1965; January 1, 1967; January 6, 1968; September 8, 1974; September 15, 1976; No. 893, eff. January 1, 1977; No. 916, eff. July 2, 1980; No. 919, eff. August 16, 1980; No. 978, eff. May 12, 1989; 919, eff. August 24, 1990; No. 999, eff. June 12, 1993; No. 999, eff. January 1, 2013 Secretary of State Rule Log #12-031

Chapter 032 BIG GAME; TAGGING (957)

12-032 Code Vt. R. 12-010-032-X BIG GAME; TAGGING (957)

Section 2a Big Game; Tagging

(a) A person taking big game, as defined by 10 V.S.A. § 4001(31), pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall immediately tag the big game carcass upon taking. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation and until such time that the animal is cut up for consumption.

(b) A person shall not transport parts of a big game animal unless the parts or package containing them are marked with the name and address of the person who killed the big game.

(c) A person may transport into and possess in this state big game legally taken in another state or country provided such person shall retain the tag required to be attached to the carcass by the state or country where taken and mark each package of meat with the name of the person who took the animal, tag number, date, and state or country of origin.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4084
• EFFECTIVE DATE: July 5, 1985
• AMENDED: January 1, 1987; November 24, 1989; November 14, 1992 Secretary of State Rule Log #92-62; September 6, 2008 Secretary of State Rule Log #08-036

Subagency 004 NATURAL RESOURCES BOARD

Chapter 033 LITTLE (WATERBURY) RIVER RECLASSIFICATION

12-033 Code Vt. R. 12-004-033-X LITTLE (WATERBURY) RIVER RECLASSIFICATION

Having considered all oral and written submissions regarding the initially proposed rules, filed on or before July 19, 1983, the Board has decided that the "public interest" is best served by the following final proposed rules:

(1) That the Little River from the Route 108 bridge to the existing Stowe municipal wastewater treatment facility, a distance of approximately 0.4 miles, shall be Class B waters.

(2) That the Little River from the existing Stowe municipal wastewater treatment facility to the confluence of Gold Brook, a distance of approximately 1.4 miles, shall be Class C waters.

(3) That the Little River from the confluence of Gold Brook to the conservation pool of the Waterbury Reservoir, a distance of approximately 3.5 miles, shall be Class B waters.

History

• Effective: 9/30/83

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 034 TAKING FISH IN BARTON, BLACK AND WILLOUGHBY RIVERS

12-034 Code Vt. R. 12-010-034-X TAKING FISH IN BARTON, BLACK AND WILLOUGHBY RIVERS

A person shall not take a fish less than 10 inches in length or take more than a total of 2 fish in one day from the following waters taken as a whole: the Barton River from the granite block arch railroad bridge in Barton to the Interstate 91 bridge, the Black River from the Route 14 bridge 1/4 mile north of Irasburg village to the US Route 5 bridge in Coventry, and the entire Willoughby River.

History

• Effective Date: August 9 1986 (SOS Rule Log #86-36)

Chapter 035 FISH MANAGEMENT (10 V.S.A. APP. Section 122)

12-035 Code Vt. R. 12-010-035-X FISH MANAGEMENT (10 V.S.A. APP. Section 122)

Section 1.0 Authority.

(a) This rule is adopted pursuant to 10 V.S.A. § 4081(b). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

(b) In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of Vermont's fisheries.

(c) In accordance with 10 V.S.A. § 4083, this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the manner of transportation and exportation of fish.

Section 2.0 Purpose.

It is the policy of the state that the protection, propagation control, management and conservation of fish, wildlife, and fur-bearing animals in this state is in the interest of the public welfare, and that safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

Section 3.0 Open-Water Fishing, Legal Methods of Taking Fish.

3.1 Definitions

(a) Department -- Vermont Department of Fish and Wildlife.

(b) Commissioner -Vermont Department of Fish and Wildlife Commissioner.

(c) Open-water fishing -Fishing by means of hook and line in hand or attached to a rod or other device in open water. Fishing by casting or trolling baited hooks, artificial flies or lures is considered open-water fishing.

(d) Baited Hook -- A single shank hook with 1, 2 or 3 points which may be baited with natural or artificial bait or both.

(e) Lure -- A man-made device designed to catch only 1 fish at a time, to include a spoon, plug, spinner, bait harness, tandem hook streamer or lead head jig.

(f) Fly -- A single pointed hook dressed with feathers, hair, thread, tinsel, or any similar material wound on or about the hook to which no hooks, spinners, spoons, or similar devices have been added.

(g) Handheld Spear -- A manually powered spear used from above the water's surface.

(h) Speargun -- A pneumatic or rubber band powered device, with a line not to exceed 20 feet attached to a spear, used from below the water's surface.

(i) Cull Fish -- Carp, tench, rudd, shad (alewife and gizzard shad), and goldfish. Additional invasive/exotic fish species may be designated by the Commissioner as "cull fish."

(j) Immediate Control -- Such constant control as would enable the angler to respond forthwith to a fish taking their bait, lure or fly promptly and without any delay.

(k) Snagging -- Snagging shall mean the intentional hooking of a fish in a place other than the inside of the fish's mouth. No person shall pull, jerk or otherwise purposefully and/or repeatedly manipulate a hook, or hooks and line to snag or hook a fish in any method other than to entice a fish into taking, by mouth, a hook, lure or fly. Repeated and/or exaggerated jerking or pulling of the fishing line and/or hooks in any attempt to snag fish, whether it results in physically snagging a fish or not, shall be prima facie evidence that snagging has taken place. This shall not apply to the use of a gaff to land a fish that has been legally hooked.

3.2 Whether still fishing, casting, or trolling in Vermont waters, a person may take fish only by using not more than two lines over which he or she has immediate control and to each of which lines is attached not more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.

3.3 A person shall not take any fish pursuant to subsection (3.2) unless it is hooked in the mouth. Any fish taken under subsection (3.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.

3.4 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.

3.5 Catch and Release: For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.

Section 4.0 Ice Fishing.

4.1 Definitions - The definitions of section 3 are applicable to this section.

(a) Ice Fishing -- Ice fishing is defined as fishing by means of hook and line in hand or attached to a rod, tip-up, jack or bob, where the angler is fishing through a hole in the ice, from the ice or on an object supported by the ice. Fishing by casting or trolling baited hooks, artificial flies or lures shall not be considered ice fishing.

4.2 Fish may be taken through the ice with not more than eight lines, except on Lake Champlain where no more than fifteen lines may be operated. Each line shall not have more than two baited hooks, or more than three artificial flies, or more than two lures with or without bait.

4.3 A person ice fishing shall have at all times, immediate control over all lines they operate. A person ice fishing shall be able to visually observe lines they operate. Any line that indicates a fish shall be tended within 30 minutes.

4.4 A person shall not take any fish pursuant to subsection (4.2) unless it is hooked in the mouth. Any fish taken under subsection (4.2) that is not hooked in the mouth shall be immediately released pursuant to 10 V.S.A. § 4602. A fish hooked in any part of the body other than in the mouth shall be considered to be foul hooked, and shall be prima facie evidence of foul hooking.

4.5 Taking or attempting to take fish by snagging is prohibited in all Vermont Waters.

4.6 Catch and Release (C&R): For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.

Section 5.0 Lake Champlain Boundaries.

Lake Champlain proper shall be considered to include the setback at the same level and the major tributaries to the lake to the following boundaries:

Dead Creek to Panton Road bridge in Panton;

East Creek to the falls in Orwell (downstream of Mount Independence Road);

Lamoille River to the top of first dam (Peterson Dam) in Milton;

LaPlatte River to the falls in Shelburne (under Falls Road bridge);

Lewis Creek to falls in North Ferrisburgh (just upstream of Old Hollow Road);

Little Otter Creek to falls in Ferrisburgh Center (downstream of Little Chicago Road);

Malletts Creek to the first falls upstream of Roosevelt Highway (US 2 and US 7) in Colchester;

Mill River in Georgia to the falls in Georgia (just upstream of Georgia Shore Road bridge);

Missisquoi River to the top of Swanton Dam in the Village of Swanton;

Mud Creek to the dam in Alburg (just upstream of Route 78 bridge);

Otter Creek to the top of the dam in the city of Vergennes;

Poultney River to Central Vermont Power Dam at Carver Falls in West Haven.

Rock River to first Canadian border crossing;

Winooski River to the Winooski One hydropower dam west of Main Street (US 7) in Winooski and Burlington;

Section 6.0 Seasonally Closed Waters.

6.1 Lakes and Ponds -- The following lakes and ponds or portions thereof are hereby designated seasonally closed waters and shall be closed to all fishing except between Second Saturday in April through October 31:

Bald Hill Pond, Westmore

Beaver Pond, Holland

Beck Pond, Newark

Beebe Pond, Sunderland

Big Mud Pond, Mt. Tabor

Bourn Pond, Sunderland

Branch Pond, Sunderland

Cary Pond, Walden

Cow Mountain Pond, Granby

Duck Pond, Sutton

Forest Lake, Averill

Griffith Lake, Mt. Tabor

Holland Pond, Holland

Jobs Pond, Westmore

Lake Pleiad, Hancock

Levi Pond, Groton

Lewis Pond, Lewis

Little Rock Pond, Wallingford

Long Pond, Westmore

Marl Pond, Sutton

Martins Pond, Peacham

North Pond, Chittenden

Notch Pond, Ferdinand

Noyes (Seyon) Pond, Groton

Perch Pond (Zack Woods Pond), Hyde Park

Pigeon Pond, Groton

Red Mill Pond, Woodford

Silver Lake, Leicester

South America Pond, Ferdinand

South Pond, Marlboro

Spring Lake, Shrewsbury

Stannard Pond, Stannard

Sterling Pond, Cambridge

Stoughton Pond, Weathersfield

Stratton Pond, Stratton

Unknown Pond, Averys Gore

Unknown Pond, Ferdinand

Vail Pond, Sutton

Vernon Hatchery Pond, Vernon

West Mountain Pond, Maidstone

Wheeler Pond, Barton and Sutton

Zack Woods (Perch Pond), Hyde Park

6.2 Rivers and Streams - All rivers and streams are hereby designated seasonally closed waters except as listed in all the sections below. For species with defined harvest seasons, targeted C&R angling with immediate release can occur outside of harvest season, using artificial lures and flies.

Section 7.0 Fish -- Open Seasons, Size Restrictions and Daily Bag Limits.

7.1 Fish of the species named or described in the tables set forth below may be taken:

(a) In the waters specified in column 1, by the method specified in column 2, during the open season specified in column 3.

(b) Provided they meet any size restrictions specified in column 4., and only in numbers listed under daily bag limits specified in column 5., under no circumstances may a person take in one day, more than the daily bag or weight limit from a listed body of water. No person may take in aggregate more than the daily State-wide aggregate limit for any species listed.

(c) Businesses may buy lawfully taken fish, with the approval of Commissioner, pursuant to the Commercial angling rules set forth in 10 V.S.A. App 123.

7.2 Possession limits are equal to twice the daily bag limits. Fish species with limit restrictions may not be possessed in excess of the possession limits at any time.

(a) No person shall have live fish in their possession that are transported in a manner which attempts to keep them alive when leaving waters of the state ( 10 V.S.A. § 1251(13)) , except as follows:

(1) a person may transport approved baitfish species pursuant to the baitfish rules set forth in 10 V.S.A App. § 141,

(2) the person has been issued a scientific collection permit by the Commissioner which specifically approves of the activity,

(3) the person has been issued a fish transportation permit by the Commissioner which specifically approves of the activity,

(4) the person has been issued a fish breeders permit or fish importation permit by the Commissioner which specifically approves of the activity.

7.3 The daily bag limit for a fish species on a water body with a closed season for that fish species is zero during the closed season.

7.4 "General waters" restrictions are the provisions applicable to all waters of the state, except the waters specifically named or described.

7.5 Unless otherwise specifically provided, fish not listed in this regulation may be taken at any time and without size or catch limit, in waters not listed as seasonally closed waters in Section 6 of these regulations.

7.6 Open Seasons, Size Restrictions and Daily Bag Limits Tables

(a) STATEWIDE AGGREGRATE DAILY BAG LIMITS (Maximum number of a fish species that may be taken in one day)

| 1. Waters | 2. Methods | 3. Season | Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | Listed Below | Artificial fly or lure only | November 1 to the Friday before the 2nd Saturday in April: | Catch and release only | Zero-All trout must be immediately released to the water where taken: | | Black River - From the top of the Lovejoy Dam in Springfield upstream to the Howard Hill Road Bridge in Cavendish. Deerfield River - From the Woods Road (Medburyville) bridge in Wilmington upstream approximately 2 miles to the VT Route 9W bridge in Searsburg. East Creek (Rutland City) - From the confluence with Otter Creek upstream (approximately 2.7 miles) to the top of the Patch Dam in Rutland City. Hoosic River - From the Vermont/New York border upstream to the Vermont/Massachusetts border. Lamoille River - From the top of the hydroelectric dam at Fairfax Falls upstream to the top of the Cady's Falls Dam in Morristown. Missisquoi River - From the top of the Sheldon Springs Dam in Sheldon Springs to the top of the Enosburg Falls Dam in Enosburg Falls. Moose River - From the confluence with Passumpsic River upstream to the downstream edge of the Concord Avenue bridge in St. Johnsbury. Otter Creek - From the top of the Center Rutland Falls in Rutland upstream to the Danby-Mt. Tabor Forest Road Bridge (Forest Road #10) in Mt. Tabor. Passumpsic River - From the Connecticut River boundary upstream to the top of Arnolds Falls Dam in St. Johnsbury. Walloomsac River - From the Vermont/New York border in Bennington upstream to the top of the former Vermont Tissue Plant Dam (downstream of Murphy Road) in Bennington. Winooski River - From the top of the Bolton Dam in Waterbury and Duxbury upstream to the VT Route 2/100 in Duxbury and Waterbury. | | | | |

(b) BROOK, BROWN AND RAINBOW TROUT

| FISH SPECIES | DAILY AGGREGRATE LIMITS | | --- | --- | | Brook Trout | 12 fish | | Brown and Rainbow Trout | Maximum Combination of 6 fish | | Lake Trout | 2 fish, (3 if taken from Lake Champlain)) | | Salmon | 2 fish | | Largemouth and Smallmouth Bass | Maximum combination of 5 fish | | Northern Pike | 5 fish | | Chain Pickerel | 10 fish | | Muskellunge | 0 fish | | Walleye/Sauger | 3 fish | | Black and White Crappie | 25 fish | | American Shad | 2 fish | | Yellow Perch | 50 fish | | Yellow Perch exception | Lake Champlain - no daily limit |

(c) TROPHY TROUT STREAMS

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | General waters. (except as listed below) | Angling | Second Saturday in April through October 31 | No restriction | 6 trout | | Lake Champlain | Angling, ice fishing | No closed season | Minimum length of 12 inches | 3 trout | | Rivers and Streams | Angling | Second Saturday in April through October 31 | No restriction | 12 trout, of which not more than 6 can be brown and/or rainbow |

(d) RAINBOW TROUT (Including STEELHEAD) / BROWN TROUT

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | Listed Below: | Angling | Second Saturday in April through October 31 | No restriction | 2 trout in aggregate | | Black River along Rt. 131 in Weathersfield and Cavendish, - from Downers covered bridge upstream (approximately 4 miles) to the next bridge across the river, The Howard Hill Bridge. East Creek in Rutland City -- From the confluence with Otter Creek upstream (approximately 2.7 miles) to the top of the Patch Dam in Rutland City Lamoille River - From the downstream edge of the bridge on Route 104 in the Village of Fairfax upstream (approximately 1.6 miles) to the top of the Fairfax Falls Dam in Fairfax. Little River - From the confluence with Winooski River in Waterbury upstream to the Route 2 bridge in Waterbury. Missisquoi River in Enosburg and Sheldon -- From the downstream edge of Kane Road (TH-3) bridge upstream(approximately 5.7 miles) to the top of the Enosburg Falls Dam in Enosburg Falls. Otter Creek in Danby and Mt. Tabor - From the Vermont Railway Bridge north of the fishing access upstream (approximately 2 miles) to the Danby- Mt. Tabor Forest Rd. Bridge (Forest Road # 10). Passumpsic River in the Village of St. Johnsbury - From the top of the Gage Dam in St,. Johnsbury upstream (approximately 2.4 miles) to the top of the Arnold Falls Dam. Moose River- From the confluence with the Passumpsic River upstream (approximately 350 feet) to the downstream edge of the Concord Avenue bridge in the Village of St. Johnsbury Wailoomsac River in Bennington - From the Vermont/New York border upstream to the top of the former Vermont Tissue Plant Dam (downstream of Murphy Road) in Bennington. Winooski River in Duxbury and Waterbury, - From the top of the Bolton Dam in Duxbury and Waterbury upstream to the Route 2 Bridge (east side of Waterbury Village). | | | | |

(e) BROOK, BROWN, RAINBOW, LAKE TROUT AND SALMON - 2 FISH AGGREGATE LIMITS

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | Listed Below: | Angling | Second Saturday in April through October 31 | Minimum length of 10 inches | 2 trout | | Lakes and Ponds: Caspian Lake, Greensboro Echo Lake, Charleston Lake Memphremagog (including South Bay and the connecting waters), Coventry, Derby, Newport City and Newport; Willoughby Lake, Westmore Rivers and Streams: Orleans County: Barton River - From the downstream side of the US Route 5 bridge southernmost and closest to the Village of Barton in Barton downstream to Lake Memphremagog. Black River - From the downstream side of the VT Route 14 / 58 bridge in Irasburg downstream to Lake Memphremagog. Johns River-From the downstream edge of the first bridge (culvert) upstream of Lake Memphremagog on North Derby Road (TH #6) upstream to U.S. 5, in Derby. Willoughby River - The entire Willoughby River, from the Willoughby Lake outlet downstream to the confluence with the Barton River. | | | | |

(f) LAKE TROUT AND SALMON

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | Listed below: | Angling | Second Saturday in April through October 31 | See regulations for specific bodies of water | Two fish in aggregate | | Big Averill Lake, Norton and Averill Caspian Lake, Greensboro Center Pond, Newark Crystal Lake, Barton East Long Pond, Woodbury Echo Lake, Charleston Elligo Lake, Craftsbury and Greensboro Forest Lake (Nelson Pond), Calais and Woodbury Harveys Lake, Barnet Lake Dunmore, Salisbury Lake Memphremagog (including South Bay and the connecting waters), Coventry, Derby, Newport City and Newport; Little Averill Lake, Averill Long Pond, Westmore Maidstone Lake, Maidstone Nelson Pond (Forest Lake), Calais and Woodbury Nichols Pond, Woodbury Seymour Lake, Morgan Shadow Lake, Glover Spring Lake, Shrewsbury Sunset Lake, Benson Willoughby Lake, Westmore | | | | |

(g) SPECIAL REGULATION TROUT STREAMS

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | The following portions of the specified rivers shall be open to fishing for trout year round: (Listed below) | Artificial fly or lure only, except during the open season for trout. | No closed season for catch and release only Open season; from the 2nd Saturday in April through October 31 | Catch and release only During the open season follow any species restrictions for the selected river | Zero-All trout must be immediately returned to the waters where taken, except during the open season, limits apply in accordance with the river selected. | | Black Rive - From the Connecticut River boundary upstream to the top of the Lovejoy Dam in Springfield. Lamoille River - From the Lake Champlain boundary (top of Peterson Dam in Milton) upstream to the top of the hydroelectric Dam at Fairfax Falls. Lewis Creek - From the Lake Champlain boundary upstream to the State Prison Hollow Road (TH #3) bridge in Starksboro. Missisquoi River - From Lake Champlain boundary upstream to the top of the Sheldon Springs Dam in Sheldon Springs. Ompompanoosuc River - From the Connecticut River boundary upstream to the Union Village Dam in Thetford. Otter Creek - From the Lake Champlain boundary upstream to top of Center Rutland Falls in Rutland. Waits River - From the Connecticut River boundary upstream to the top of the Central Vermont Power Dam in Bradford. West River - From the Connecticut River boundary upstream to the Townshend Dam in Townshend. White River - From the Connecticut River boundary upstream to the bridge on Route 107 in Bethel. Williams River - From the Connecticut River boundary upstream to the top of the dam at Brockway Mills Falls in Rockingham. Winooski River - From the Lake Champlain boundary upstream to the Bolton Dam in Duxbury and Waterbury. | | | | |

(h) ANADROMOUS ALANTIC SALMON

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | General Waters ( except as listed below ) | Angling | Second Saturday in April through October 31 | Salmon- Minimum length of 15 inches Lake Trout- Minimum length of 18 inches | 2 Lake Trout or 2 Salmon or 1 of each | | Lake Champlain | Angling, ice fishing | No closed season | Lake Trout and Salmon - Minimum length of 15 inches | 3 Lake Trout and 2 Salmon | | Little Averill Lake and Seymour Lake | Angling, with not more than 1 line | Angling: second Saturday in April through October 31 | Lake Trout- Minimum length of 20 inches Salmon- Minimum length of 15 inches | 1 Lake Trout and 1 Salmon or 2 Salmon | | Ice fishing: with not more than 4 lines | Ice fishing: third Saturday in January through March 15 | | | | | Listed Below: | Angling | Second Saturday in April through October 31 | Lake Trout- Minimum length of 18 inches Salmon- Minimum length of 17 inches | 2 Lake Trout or 2 Salmon or 1 of each | | Lake Memphremagog (including South Bay and the connecting waters), Coventry, Derby, Newport City and Newport, excluding all waters of the Clyde River Watershed upstream of the hydroelectric dam that creates West Charleston Pond (Lubber Lake) in West Charleston and excluding Willoughby Lake and all waters that flow into it. | | | | |

(i) AMERICAN SHAD

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | Listed below: | Ice fishing | Third Saturday in January through March 15 | See species restriction for individual body of water | See species restriction for individual body of water | | Big Averill Lake, Norton and Averill; Big Salem Lake, Derby Caspian Lake, Greensboro; Chittenden Dam, Chittenden. Crystal Lake, Barton; Echo Lake, Charleston; Echo Lake, Plymouth; Eden Lake, Eden; Elligo Lake, Craftsbury and Greensboro Glen Lake, Castleton, Fair Haven, and Benson; Harriman Reservoir, Whitingham and Wilmington; Harveys Lake, Barnet; Island Pond, Brighton; Joes Pond, Cabot, Danville; Lake Bomoseen, Castleton and Hubbardton; Lake Dunmore, Leicester and, Salisbury; Lake Fairlee, Thetford, West Fairlee, Fairlee; Lake Hortonia, Sudbury, Hubbardton; Lake Memphremagog (including South Bay and the connecting waters), Coventry, Derby, Newport City and Newport; Lake Morey, Fairlee; Lake Rescue, Ludlow; Lake St. Catherine, Wells, Poultney; Little Averill Lake, Averill; Little Salem Lake Derby; Maidstone Lake, Maidstone; Marshfield Dam (Mollys Falls Reservoir), Cabot; Miles Pond, Concord; Nelson Pond (Forest Lake), Calais and Woodbury; Newark Pond, Newark; Norton Pond, Norton; Parker Pond, Glover; Peacham Pond, Peacham; Pensioner Pond, Charleston; Seymour Lake, Morgan; Shadow Lake, Glover; Somerset Reservoir, Somerset; Sunset Lake, Benson; Wallace Pond, Canaan; Waterbury Reservoir, Waterbury; Willoughby Lake, Westmore; Woodbury Lake (Sabin Pond), Calais and Woodbury | | | | |

(j) BOWFIN, REDHORSE SUCKER (MULLET), LONGNOSE GAR.

| 1. Waters | 2. Method | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | Lamoille River - From the downstream edge of the railroad bridge in Johnson upstream (approximately 3.7 miles) to the downstream edge of the Ten Bends Drive bridge in Hyde Park. | Angling, with artificial lures and flies only. | Second Saturday in April through October 31. | Minimum length of 16 inches. | 2 trout | | White River From the confluence with Lilliesville Brook in Stockbridge downstream 3.3 miles to 220 ft. downstream of the confluence with Cleveland Brook in Bethel. | Angling, with artificial lures and flies only. | Second Saturday in April through October 31. | Minimum length of 18 inches | 1 trout | | Mettawee River - From the downstream edge of the Route 153 bridge in Pawlet upstream (approximately 16 miles) to the downstream edge of first bridge on Dorset Hollow Road and including tributary: Flower Brook upstream (approximately 1000ft) to the downstream edge of the Route 30 bridge in Pawlet. | Angling | Second Saturday in April through October 31 | 10 to 14 inches protected slot: (all trout 10 to 14 inches must be released) | 2 trout, only 1 greater than 14 inches | | Winooski River Tributaries - Listed Below | Angling | June 1 through October 31 | 10 to 16 inches protected slot: ( all fish 10 to 16 inches must be released) | 2 trout, only 1 greater than 16 inches | | Winooski River Tributaries: Joiner Brook, Bolton - From the confluence of the Winooski River upstream approximately 1900 feet to the first falls. Pinneo Brook, Bolton - From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing. Preston Brook, Bolton - From the confluence of the Winooski River upstream approximately 2600 feet to the first falls. Ridley Brook, Duxbury - From the confluence of the Winooski River upstream approximately 1700 feet to the first falls. | | | | | | Listed Below: | Angling | Second Saturday in April through October 31 | 10 to 16 inches protected slot: ( all fish 10 to 16 inches must be released) | 2 trout, only 1 greater than 16 inches | | Dog River - From the first bridge on Route 12 above the confluence with the Winooski River upstream (approximately 4.3 miles) to the railroad bridge in West Berlin. New Haven River - From Munger Street Bridge in New Haven upstream (approximately 4.1 miles) to the South Street bridge in Bristol. Winooski River - From Preston Brook mouth upstream (approximately 4.4 miles) to the Ridley Brook mouth. | | | | |

(k) SUCKER (LONGNOSE AND WHITE), and CULL FISH

| 1. Waters | 2. Method | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | Connecticut River and tributaries | No person shall take or attempt to take an anadromous Atlantic salmon, any salmon unintentionally taken shall be immediately released in accordance with section 4602 | No open season | All fish must be immediately released | Zero - All Anadromous Atlantic salmon must be immediately released |

(l) BULLHEAD

| 1. Waters | 2. Method | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | Connecticut River, including Vermont river tributaries | Angling | No closed season | No restriction | 2 Fish |

(m) NORTHERN PIKE

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag limits | | --- | --- | --- | --- | --- | | General Waters (Except seasonally closed waters and as listed below) | Angling, ice fishing and bow with line attached to an arrow | No closed season | No restriction | No limit | | Lake Champlain, not to include tributaries | Angling, ice fishing and bow with line attached to arrow | No closed season | No restriction | No limit | | Lake Champlain, not to include tributaries | Spearing | March 25 through May 25, Title 10 (4606e) | No restriction | No limit |

(n) CHAIN AND REDFIN PICKEREL

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag limits | | --- | --- | --- | --- | --- | | General Waters (except as listed below) | Angling, ice fishing, | No closed season | Minimum length of 20 inches | 5 Fish | | Lake Champlain | Angling, ice fishing, | No closed season | Minimum length of 20 inches | 5 Fish | | Shooting and spearing | March 25 through May 25, 10 VSA 4606) | Minimum length of 20 inches | 5 Fish | |

(o) MUSKELLUNGE

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag limits | | --- | --- | --- | --- | --- | | General Waters (except as listed below) | Angling, ice fishing | No closed season | No restriction | No limit | | Lake Champlain | Angling, ice fishing | No closed season | No restriction | 10 Fish | | Shooting and spearing | March 25 through May 25 | No restriction | 10 Fish | |

(p) SMELT

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag limits | | --- | --- | --- | --- | --- | | General Waters (except as listed below) | Angling, ice fishing; Catch and release with artificial lures and flies only | No closed season | All muskellunge must be released | Zero - All muskellunge must be immediately released | | Lake Champlain | Angling, ice fishing; Catch and release with artificial lures and files only | No closed season | All muskellunge must be released | Zero - All muskellunge must be immediately released | | Shooting and spearing | March 25 through May 25, 10 VSA 4606) | Zero Fish | | | | Missisquoi River from Swanton Dam in the Village of Swanton upstream to the Highgate Falls Dam | Any fish taken must be immediately released | No open season | Any fish taken must be immediately released | Zero - All muskellunge taken must be immediately released |

(q) BLACK AND WHITE CRAPPIE

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | All waters | Angling, ice fishing | No closed season | No restriction | No limit |

(r) YELLOW PERCH

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag limits | | --- | --- | --- | --- | --- | | All waters | Angling, ice fishing | No closed season | Minimum length of 8 inches | 25 fish, Combined |

(s) LARGEMOUTH AND SMALLMOUTH BASS

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag Limit | | --- | --- | --- | --- | --- | | General Waters ( except as listed below ) | Angling, ice fishing | No closed season | No restriction | 50 fish, | | Lake Champlain | Angling, ice fishing | No closed season | No restriction | No Limit | | Businesses may buy lawfully taken fish, with the approval of the Commissioner, pursuit to guidelines of the Board. Fish species are restricted to species not protected by title 10 V.S.A. 4611. | | | | |

(t) WALLEYE

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag limits | | --- | --- | --- | --- | --- | | General Waters (except as listed below) | Angling | No closed season | No restriction | 5 fish | | Lakes, Ponds and reservoirs | Angling (Ice fishing - see special provisions) | Second Saturday in June through Nov. 30^th | Minimum length of 10 inches | 5 Fish | | Lakes, Ponds and reservoirs (seasonally closed) | Angling: Catch and release with artificial lures and flies only | Second Saturday in April through the Friday before the Second Saturday in June, both dates inclusive. | All bass must be released | Zero - All bass must be immediately released | | Lakes, Ponds and reservoirs (not seasonally closed) | Angling: Catch and release with artificial lures and flies only | Dec. 1 through the Friday before the Second Saturday in June, both dates inclusive. | All bass must be released | Zero - All bass must be immediately released | | Seasonally Closed Waters - streams | Angling | Only when such rivers and streams are open to trout fishing except as prohibited by Section 9.2 | No restriction | 5 fish | | Lake Morey, Fairlee | Angling (Ice fishing - see special provisions) | Second Saturday in June through Nov. 30 | Largemouth bass - Minimum length of 14 inches | 5 Fish | | Lake Morey, Fairlee | Angling: Catch and release with artificial lures and flies only | Dec. 1 through the Friday before the Second Saturday in June, both dates inclusive. | All bass must be released | Zero - All bass must be immediately released | | Kent Pond, Killington And Baker Pond, Brookfield | Angling | Second Saturday in June through Nov. 30. | Largemouth Bass - protected slot: 10-12 inches (all fish between 10 & 12 inches must be released) | 10 fish, only 1 fish greater than 12 inches. | | Kent Pond, Killington And Baker Pond, Brookfield | Angling: Catch and release with artificial lures and flies only | Dec. 1 through the Friday before the Second Saturday in June, both dates inclusive. | All bass must be released | Zero - All bass must be immediately released |

(u) SAUGER

| 1. Waters | 2. Methods | 3. Season | 4. Size Restrictions | 5. Daily Bag limits | | --- | --- | --- | --- | --- | | General Waters and Lake Champlain ( except as listed below ) | Angling, ice fishing | First Saturday in May through March 15. | Minimum length of 18 inches | 3 Fish | | Lake Carmi, Franklin | Angling, ice fishing | First Saturday in May through March 15 | Minimum length of 15 inches Protected lengths- 17 to 19 inches (all fish between 17 & 19 inches must be released | 5 fish, provided only 1 is over 19 inches | | Chittenden Reservoir, Chittenden | Angling, ice fishing | June 1 through March 15 | Minimum length of 22 inches | 2 fish |

7.7 Spawning grounds for game fish generally

(a) The below listed waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from second Saturday in April through May 31 annually.

Chittenden County

Joiner Brook, Bolton - From the confluence of the Winooski River upstream approximately 1900 feet to the first falls.

Pinneo Brook, Bolton -- From the confluence of the Winooski River upstream approximately 100 feet to the railroad crossing.

Preston Brook, Bolton - From the confluence of the Winooski River upstream approximately 2600 feet to the first falls.

Orleans County

Black River, Coventry - From 600 feet below the falls at Old Harman Mill in Coventry upstream to the top of falls at Old Harman Mill in Coventry.

Willoughby River, Orleans - From the downstream edge of bridge on Tarbox Hill Road in Orleans Village upstream to the top of the natural falls upstream of the bridge on Tarbox Hill Road in Orleans Village.

Dorin, Wells, Myers, Schoolhouse and Mill Brooks, all in Westmore - From mouth of brooks at Lake Willoughby upstream approximately 3/4 mile in Dorin Brook, all of Wells Brook, 1/2 mile in Myers Brook, 1/4 mile in the Schoolhouse Brook and, and 1/4 mile in Mill Brook and tributaries, all in Westmore. For identification purpose these brooks are arranged in order from north to south, and flow through Vermont Agency of Transportation structures on Route 5A number 10, 9, 8, 7 and 6, respectively.

Porter Brook, Greensboro -- From Caspian Lake upstream to its headwaters. (1987, Fish and Wildlife Commissioner's Reg. No. 970, eff. April 1, 1987.)

Washington County

Chase Brook, Berlin -- From its confluence with the Dog River upstream approximately 1/2 mile to the top of the natural falls in Berlin.

Ridley Brook, Duxbury -- From the confluence of the Winooski River upstream approximately 1700 feet to the first falls.

Windsor County

Lilliesville Brook, Stockbridge - From its confluence with the White River upstream to the 2nd bridge on the Lilliesville Brook Road.

Locust Creek, Bethel - From its confluence with the White River upstream to the 2nd bridge on Rt. 12.

(b) The below named waters are closed from March 16 through May 31.

Chittenden County

Lamoille River, Milton - From the downstream edge of the bridge on Bear Trap Road in Milton (referred to as the West Milton Bridge upstream to the top of first dam (Peterson Dam) in Milton.

Winooski River, Winooski and Burlington - From the Winooski One Hydro dam west of Main Street (US 7) in Winooski and Burlington and extending downstream to the downstream side of the first railroad bridge.

Franklin County

Missisquoi River, Swanton - From the top of the Swanton dam in the Village of Swanton downstream approximately 850 feet to the water treatment plant on the west side of the river, and downstream approximately 850 feet to the upstream end of the cement breakwater on the east side of the river. (1988, Fish and Wildlife Board Reg. No. 975, eff. April 7, 1988.)

(c) The below named waters are closed from March 16 to the Friday before the 1st Saturday in May, both dates inclusive:

Franklin County

Missisquoi River, Swanton - From the top of the Swanton Dam in the Village of Swanton extending downstream 5,120 feet to the Northwest corner (downstream) of the Riverside Cemetery and across the river to a pole on the Northeast bank.

(d) The below named waters are closed to fishing year-round:

Orleans County

Clyde River, Newport City - From 260 feet below the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City, upstream to the top of the abandoned Mill Dam immediately upstream of the Number 1, 2, 3 hydroelectric powerhouse in Newport City.

(e) The below named water is only open to fishing using artificial flies and lures from September 1 to October 31. All salmon caught must be released. Lake Trout may be harvest during this period. The daily limit is 2 lake trout with a minimum length of 18 inches

Clyde River - From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston

(f) The below named water is catch and release for trout from Second Saturday in April to October 31. All trout must be immediately released.

Batten Kill River - From the New York State line upstream

(approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester

(g) The below named water is catch and release for trout with artificial lures and flies only, anglers less than 15 years old may use live bait from Second Saturday in April to October 31. All trout must be immediately released.

Dog River - From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield.

(h) The below named waters are closed to fishing from November 1 to the Friday before the second Saturday in April.

Batten Kill River -- From the New York State line upstream (approximately 20.6 miles) to downstream side of Depot Street Bridge (Route 11/30) in Manchester.

Clyde River - From Lake Memphremagog upstream to Charleston Dam (Lubber Lake), West Charleston

Dog River -- From the downstream edge of the Junction Road Bridge in Berlin/Montpelier upstream to the top of the Northfield Falls Dam in Northfield.

History

• EFFECTIVE DATE:
• Original effective date not provided.
• AMENDED:
• June 6, 1986 Secretary of State Rule Log # 86-21; January 2, 1996 Secretary of State Rule Log # 95-92; October 3, 1996 Secretary of State Rule Log # 96-57; November 1, 1997 Secretary of State Rule Log # 97-49; March 1, 1999 Secretary of State Rule Log # 99-13; October 7, 2000 Secretary of State Rule Log # 00-58; December 6, 2002 Secretary of State Rule Log # 02-45; June 4, 2004 Secretary of State Rule Log # 04-21; August 6, 2005 Secretary of State Rule Log # 05-24; March 31, 2006 Secretary of State Rule Log # 06-007; September 1, 2006 Secretary of State Rule Log #06-026; February 19, 2008 Secretary of State Rule Log #08-E02 [Emergency]; April 25, 2008 Secretary of State Rule Log #08-015; January 1, 2009 Secretary of State Rule Log #08-023; January 1, 2011 Secretary of State Rule Log #10-014; February 2, 2013 Secretary of State Rule Log #13-004; January 1, 2014 Secretary of State Rule Log #13-021; January 1, 2016 Secretary of State Rule Log #15-019; January 1, 2018 Secretary of State Rule Log #17-040; January 1, 2020 Secretary of State Rule Log #19-024; January 1, 2022 Secretary of State Rule Log #21-009
• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081 to 4083; 4605

Chapter 036 TURKEY SEASONS (10 V.S.A. APP. Section 22)

12-036 Code Vt. R. 12-010-036-X TURKEY SEASONS (10 V.S.A. APP. Section 22)

Section 1.0 Authority.

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the turkey flock.

1.3 In accordance with 10 V.S.A. § 4084, this rule establishes daily, season and possession limits for game, territorial limits, and the manner and means of taking; to establish territorial limits for the taking of turkeys; and to establish restrictions on taking based upon sex, maturity or other physical distinction.

Section 2.0 Purpose.

The purpose of this regulation is to establish seasons for the taking of turkeys, to establish open Wildlife Management Units (WMUs) for the taking of turkeys, to establish methods of taking turkeys and to establish limits on the number of turkeys to be taken.

Section 3.0 Definitions.

3.1 "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.

3.2 "Crossbow" means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile for a crossbow that resembles an arrow and has a head that measures no less than 7/8 inch at its widest point. A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.

3.3 "Legal means" means the taking of a turkey by shotgun, crossbow, or archery equipment in conformance with Section 6 of this rule.

3.4 "Novice" means a person who obtained their first hunting license within the past 12 months and is 16 years of age or older.

3.5 "Wildlife Management Unit" (WMU) means one of 21 geographical areas in Vermont for which big game regulations may vary.

3.6 "Youth" means a person who is 15 years of age or younger.

Section 4.0 Spring Season.

4.1 Dates: May 1, through May 31, inclusive.

4.2 Shooting hours: One-half hour before sunrise to twelve noon.

4.3 Legal turkey: Only wild turkeys with beard(s).

4.4 Bag Limit: Two bearded wild turkeys per person per season.

4.5 Open WMUs: Open statewide

Section 5.0 Fall Season.

5.1 Dates and Open WMU's.

(a) Bow and Arrow, and crossbow only:

i. Dates: From the 1st Saturday in October to the beginning of the shotgun/bow and arrow/crossbow season.

ii. Open WMUs: Open Statewide

(b) Shotgun/Bow & Arrow/Crossbow Season

i. Dates: Nine consecutive days beginning 21 days prior to the regular deer season, inclusive.

ii. Open WMUs: B, D, G, H, I, J, L, M, O, P, and Q and their respective subunits:.

(c) Shotgun/Bow & Arrow/Crossbow Season

i. Dates: For 16 consecutive days beginning 21 days prior to the regular deer season, inclusive.

ii. Open WMUs: subunits: WMUs F, K, and N and their respective subunits:.

5.2 Shooting hours: One-half hour before sunrise to one-half hour after sunset.

5.3 Legal Turkey: Any wild turkey.

5.4 Bag limit: One turkey per person.

Section 6.0 Legal Method of Taking.

6.1 Only a shotgun, crossbow, or bow and arrow may be used.

6.2 Only number 2 or smaller size shot shall be used or possessed.

6.3 An arrowhead must be at least 7/8th of an inch in width and have two or more cutting edges.

6.4 Rifles shall not be used or carried by any person while hunting turkeys. A person taking a turkey with a crossbow or bow and arrow may carry a handgun in accordance with 10 V.S.A. § 4252(b), however, that person may not use the handgun to take turkey.

6.5 No person shall use dogs in the spring, nor electronic calling devices, bait, live decoys, or participate in cooperative drives during either season.

6.6 Any person wishing to hunt turkey with a crossbow or bow and arrow must hold proof of having held an archery license or a certificate of satisfactory completion of a bowhunter education course from Vermont or another state or province of Canada which is approved by the Commissioner.

6.7 Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled vehicle except as permitted in accordance with 10 V.S.A. § 4705.

Section 7.0 Youth Turkey Hunting Weekend.

7.1 Youth turkey hunting weekend shall be the Saturday and Sunday prior to opening day of spring turkey season on May 1. Legal shooting hours shall be one half hour before sunrise until 5 p.m.

7.2 Legal Turkey: Only bearded turkeys may be taken.

7.3 Bag limit: One bearded turkey per youth. A youth may also hunt during the spring season and take two bearded turkeys during that season.

7.4 To participate in the youth turkey hunt, a qualified youth must be 15 years of age or younger and have a valid Vermont hunting and turkey license and a youth turkey hunting weekend license.

7.5 The youth must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a youth under this section shall accompany no more than two young people at one time. As used in this section, "accompany," "accompanied," or "accompanying" means direct control and supervision, including the ability to see and communicate with the youth hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

7.6 No youth shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

Section 8.0 Novice Turkey Hunting Weekend.

8.1 Novice Turkey Hunting Weekend; This season shall be concurrent with the Youth Turkey Hunting Weekend as prescribed in 10 V.S.A. § 4908 and section 7.1 of this rule.

8.2 Limit: One bearded turkey per novice. A novice may also hunt during the spring season and take two bearded turkeys during that season.

8.3 To participate in the novice turkey hunting weekend, a qualified person must have a valid Vermont hunting and turkey license and a novice turkey hunting weekend license and follow the requirements of youth turkey hunting weekend.

8.4 The novice must be accompanied by an unarmed adult who holds a valid Vermont hunting license and who is 18 years of age or older. An adult accompanying a novice under this section shall accompany no more than two novice hunters at one time. As used in this section, "accompany," "accompanied," or "accompanying" means direct control and supervision, including the ability to see and communicate with the novice hunter without the aid of artificial devices such as radios or binoculars, except for medically necessary devices such as hearing aids or eyeglasses.

8.5 No novice shall hunt under this section on privately owned land without first obtaining the permission of the owner or occupant.

History

• EFFECTIVE DATE:
• February 17, 1994 Secretary of State Rule Log # 94-4
• AMENDED:
• October 1, 1994 Secretary of State Rule Log # 94-39; September 9, 1995 Secretary of State Rule Log # 95-59; February 7, 1998 Secretary of State Rule Log # 98-03; February 17, 1999 Secretary of State Rule Log # 99-05; October 7, 2000 Secretary of State Rule Log # 00-57; August 3, 2002 Secretary of State Rule Log # 02-29; February 12, 2003 Secretary of State Rule Log # 03-04; March 5, 2004 Secretary of State Rule Log # 04-07; July 9, 2010 Secretary of State Rule Log #10-026; January 1, 2016 Secretary of State Rule Log #15-039; January 1, 2017 Secretary of State Rule Log #16-024; January 1, 2020 Secretary of State Rule Log #19-045; 10/15/2020 Secretary of State Rule Log #20-036
• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4084

Chapter 037 TRAPPING, HARE AND RABBITS

12-037 Code Vt. R. 12-010-037-X TRAPPING, HARE AND RABBITS

Action 2. TRAPPING, HARE AND RABBITS

The Fish and Game Board hereby adds § 32 to Title 10 V.S.A. Appendix to read as follows:

Section 32 Trapping, Hare and Rabbits

(a) The commissioner may issue a permit to no more than 5 members of any beagle club or to a private owner of an enclosed area not less than 20 acres in size, maintained for the training of beagles, to take live snowshoe hare and cottontail rabbits by the method described in subsection (b) of this chapter.

(b) Snowshoe hare and cottontail rabbits taken under 2 permit must be captured or trapped by means of a box or cage trap which will not wound the animal. Box or cage traps used for this purpose must be identified with an attached tag made of rustless material, with the permit holder's name and address permanently and legibly stamped or engraved thereon. Prior to setting any trap, the permit holder must obtain written permission from the owner of the property where the trap is to be set. Said written permission, must accompany the application to the commissioner for the trapping permit. The owner of the property may, at any time, revoke the permission. Any person who traps snowshoe hare or cottontail rabbits by the permit shall visit his traps at least once in every twenty-four hours. The snowshoe hare and cottontail rabbits taken by such trap may be transported to the permit holder's training area any time during the permit period and must be released within twenty-four hours of taking. The permit must be carried on the permit holder's person during transportation.

(c) Snowshoe hare and cottontail rabbits taken by this permit are to be used solely for stocking of fenced beagle training areas. Any unathorized use shall result in revocation of the permit by the commissioner and shall be considered a violation of this regulation.

(d) The permit shall specify the time of year and number of snowshoe hare and/or cottontail rabbits to be taken.

History

• Effective Date: July 2, 1980 (SOS Rule Log #80-64)

Chapter 038 FISHING ACCESS AREA RULE (641)

12-038 Code Vt. R. 12-010-038-X FISHING ACCESS AREA RULE (641)

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4145(a) which authorizes the board to make rules to "regulate the use by the public of access areas, landing areas, parking areas or of other lands or waters acquired or maintained pursuant to 10 V.S.A. § 4144."

1.2 This rule applies to use of state controlled fishing access areas and to persons, businesses, or entities that use the fishing access areas.

Section 2.0 Purpose

The purpose of this rule is to:

2.1 Ensure current and future uses are orderly, sustainable, and in accordance with state and federal statutes and guidelines.

2.2 Manage conflict between users by clarifying authorized and prohibited activities and ensuring users share in the burdens and benefits of use.

2.3 Protect the fishing access areas for statutorily approved uses.

Section 3.0 Definitions

3.1 Commercial Activity is any activity or service that produces income to any entity or individual.

3.2 Non-Profit Charitable Organization means an entity organized and operated exclusively for exempt purposes set forth in section 501(c)(3) of the Internal Revenue Code.

3.3 Picnicking includes but is not limited to any activity that involves, cooking, grilling, food preparation and set-up associated with eating (including setting blankets or table clothes laid on the ground).

3.4 Camping includes any activity using a tent, camper, or motor home, any activity involving preparation of an area for sleeping or, any overnight sleeping.

3.5 Group use is use actually or potentially involving 10 or more people or 2 or more vehicles at a time.

3.6 Parking is the leaving of motor vehicles or trailers unattended in an access area.

3.7 Motor vehicles are all vehicles propelled or drawn by power other than muscle power.

3.8 Vessel means motor boats, boats, kayaks, canoes and sail boats.

Section 4.0 Authorized Activities

The following are authorized activities in order of priority:

4.1 Angling, ice fishing and the launching of any vessel to be used for fishing and parking of vehicles and trailers necessary for and contemporaneous with these purposes.

4.2 The launching of inboard and outboard motorboats engaging in any activity and parking of vehicles and trailers necessary for and contemporaneous with that purpose.

4.3 Trapping, hunting and parking of vehicles and boat trailers necessary for and contemporaneous with that purpose.

4.4 Launching of all non-motorized vessels not used for commercial purposes and parking of vehicles and boat trailers necessary for and contemporaneous with that purpose. Users shall launch from the designated non-motorized launch site, when such a site is identified.

4.5 ATV's and snowmobiles when being used solely for the purposes of ice fishing.

4.6 Permitted special uses.

Section 5.0 Prohibited Activities

5.1 Discarding of bottles, glass, cans, paper, junk, litter, food, or any other garbage or trash.

5.2 Discarding of dead fish, wildlife or portions thereof.

5.3 Washing or cleaning of vehicles and equipment other than for the purpose of removing aquatic plants and organisms.

5.4 Washing or cleaning of fish or wildlife.

5.5 Camping.

5.6 Picnicking.

5.7 Making or maintaining fire of any kind.

5.8 Water skiing.

5.9 Swimming.

5.10 Use of snowmobiles and ATV's, except for those being utilized solely for the purpose of ice fishing.

5.11 Parking of vehicles and/or trailers while the vehicle owner or user is not present at the access area or on the adjacent public waters except as otherwise permitted by the commissioner.

5.12 Storage of vehicles and/or trailers or placing of vehicles or trailers for sale.

5.13 Withdrawal of water except as authorized under paragraph 6.0.

5.14 Parking in excess of 72 consecutive hours except that the commissioner may issue permits for longer parking when the commissioner determines that there will be no adverse impact on authorized uses found in 4.0 above.

5.15 Commercial activity except as authorized by paragraph 7.0 and 8.2 below.

5.16 Activity that interferes with a priority use, such as, but not limited to the mooring or beaching of boats, using the ramp to rig a boat or boats thus obstructing use of the ramp, and the storing of boats or trailers at an access area.

5.17 Group use not specifically authorized by the Commissioner.

5.18 Launching and recovery of sailboards, rafts, snow kites, and the parking of vehicles and trailers supporting these activities.

5.19 All other activity that is not specifically permitted by this rule unless specifically authorized by the commissioner.

Section 6.0 Authorized Users

6.1 Any person who is engaged in any authorized activity.

6.2 Any group that has received approval for group use in accordance with this rule.

6.3 Fire departments that have executed a Memorandum of Agreement (MOA) with the commissioner for the installation and use of a dry hydrant. And then, only in accordance with their MOA. Fire departments may also use Access Areas without dry hydrants as emergency water sources to fight fires and will notify the local warden as soon as practicably possible.

6.4 Individuals participating in a fishing tournament permitted under 10 V.S.A. § 4613.

Section 7.0 Limited Commercial Activity

7.1 Commercial activity at fishing access areas is limited to entities and persons taking part in activities authorized by 4.1, 4.2 and 4.3 above.

Section 8.0 Special Permits

8.1 The commissioner may authorize special permits for entities or persons to use an access area for group use when the commissioner determines that there will be no adverse impact on authorized priority uses.

8.2 The Commissioner may authorize the use of access areas by an educational institution or a nonprofit charitable organization conducting a fundraising event of limited duration, provided that the event will not conflict with a priority use of the access area.

8.3 Special permits shall not be issued and may be revoked immediately for activities that substantially interfere with authorized uses.

8.4 Permit fees shall be in accordance with the schedule of fees established under 10 V.S.A. § 4132(e).

Section 9.0 Speed Limit

9.1 The maximum speed on access areas shall be 15 miles per hour.

History

• STATUTORY AUTHORITY: 10 V.S.A. § 4145
• EFFECTIVE DATE: May 1, 1962
• AMENDED: June 5, 1987 Secretary of State Rule Log #87-25; September 1, 2006 Secretary of State Rule Log #06-024; May 18, 2010 Secretary of State Rule Log #10-019 (10 V.S.A. APP. § 115 )

Chapter 039 WATERFOWL REFUGE-TOWN OF ADDISON

12-039 Code Vt. R. 12-010-039-X WATERFOWL REFUGE-TOWN OF ADDISON

REGULATION. 894 AGENCY OF ENVIRONMENTAL CONSERVATION FISH & GAME DEPT. MONTPELIER, VT.

Pursuant to the provisions of 3 V.S.A. 803, and under authority of 10 V.S.A. 4144, 4145 and 4148 the Fish and Game Board hereby adopts a regulation as follows:

A state Waterfowl Refuge is hereby established on lands owned by the State of Vermont, Fish and Game Department in the Town of Addison, County of Addison, containing the so-called Jerome Farm, certain lands adjacent to the western side of the so-called Jerome Farm, and the so-called Woodcock tract.

The boundaries of the lands concerned are marked by posters reading "State Waterfowl Refuge, Hunting, Shooting, Fishing, Trapping and Trespassing Prohibited."

Hunting, shooting, fishing, trapping, or trespassing is prohibited on these lands without a permit issued by an agent or the Commissioner. Such permits may be issued for certain hunting, fishing, trapping, and other activities compatible with refuge management objectives.

This regulation shall be effective September 25, 1976.

Dated at .....this 8 day of Sept. 1976.

Christopher Swezey Chairman

Fish & Game Board

History

• Effective Date: September 8, 1976

Chapter 040 WATERFOWL RETRIEVAL ZONES

12-040 Code Vt. R. 12-010-040-X WATERFOWL RETRIEVAL ZONES

Action 1. A new rule is added to read:

A new rule is added to read:

The Fish and Game Board may, when felt necessary, establish waterfowl retrieval zones on public or private lands adjacent to state owned and operated waterfowl refuge areas or controlled hunting areas. Such retrieval zones must be individually reviewed and approved by the Fish and Game Board and must meet the following criteria:

When such retrieval zones are established on private lands, written permission must be obtained from the landowner(s).

2. Retrieval zones must be clearly marked with signs spaced no further than 200 feet apart and on all corners, and will read:

"Waterfowl Retrieval Zone, Firearms Prohibitod In This Area, Dead or Crippled Waterfowl may be retrieved in the zone between this line and the posted refuge or controlled hunting boundary only by a person without a firearm, Regulation No. 918, Vermont Fish and Game Department."

History

• Effective Date: September 21, 1980
• Statutory Authority: Title 10 V.S.A. § 4082 & § 4084

Chapter 041 WEIGHTED HOOK-LAKE MEMPHREMAGOG & CLYDE RIVER

12-041 Code Vt. R. 12-010-041-X WEIGHTED HOOK-LAKE MEMPHREMAGOG & CLYDE RIVER

113. Weighted hook

(a) Winooski River - Repealed

EFFECTIVE DATE: 2/17/94

S.O.S. #94-5

(b) Lake Memphremagog and Clyde River. Between the opening of the general trout season established pursuant to Section 122A 1(a), and May 10, both dates inclusive, a person shall not take fish except by angling with not more than one line with an unweighted single pointed hook, and then only between 5:00 A.M. to 8:00 P.M. EST, or 6:00 A.M. to 9:00 P.M. EDST, in the below designated portions of the Clyde River and Lake Memphremagog:

Beginning at a line across the Clyde River approximately 292 feet downstream from the Clyde Street Bridge and extending downstream into its confluence with Lake Memphremagog to the westerly side of the so-called Causeway Bridge on U.S. Route 5 and to the southerly side of the so-called Long Bridge. - 1980, Fish and Game Board Reg. No. 923, eff. Jan. 1, 1981; amended 1983, Fish and Game Board Reg. No. 936, Section 3, 4 eff. Jan. 1, 1983.

History

• Effective Date: 10/22/88

Chapter 042 WILDLIFE REHABILITATORS

12-042 Code Vt. R. 12-010-042-X WILDLIFE REHABILITATORS

Section 1 Purpose

Section 5215(b) Title 10 V.S.A.

The proper care of distressed wildlife requires special knowledge and facilities not possessed by the general public. The purpose of this Regulation is to establish a licensed group of individuals collectively called Wildlife Rehabilitators to provide for the care of injured, debilitated, and in certain cases, orphaned wildlife so that such wildlife may be returned to the wild. Licensed pursuant to Vermont Fish and Wildlife Law, 10 V.S.A., Section 5215(b), the Wildlife Rehabilitator is authorized to possess sick or injured wildlife and provide necessary aid. It is, therefore, possible to achieve more humane care and an earlier return to the wild.

Nothing in this Regulation authorizes or is intended to authorize a licensed Wildlife Rehabilitator to practice veterinary medicine in violation of Vermont State Law, Title 26. However, a licensed veterinarian may apply to become a rehabilitator. A rehabilitator rendering gratuitous services in case of emergency should not attempt diagnosis or treatment beyond his or her level of skill and training. No member of the Fish and Wildlife Department shall become a Rehabilitator.

Section 2 Definitions

For purposes of this Part:

(a) Commissioner means the Commissioner of the Department of Fish and Wildlife.

(b) Department means the Department of Fish and Wildlife.

(c) Permit means the license to possess wildlife for a limited time issued pursuant to Fish and Wildlife Law, 10 V.S.A., Section 5215(b).

(d) Wild animals means all animals including birds, other than domestic animals, whether or not native to Vermont, including the family canidae, any hybrid with domestic dogs.

(e) Wildlife rehabilitation means the practice of providing care for injured or debilitated wild animals including their housing, feeding, emergency treatment and release to the wild.

(f) Big Game is defined as deer, bear, moose, wild turkey, caribou, elk.

(g) Orphaned wildlife is defined as the young of the year whose survival in the wild is not possible without the presence of the mother.

Section 3 Qualifications for appointment

(a) A Wildlife Rehabilitator must:

(1) be over the age of 18 years, a resident of Vermont of good character and reputation in the community as judged by two character references written by persons not related to the applicant or to each other;

(2) not have been convicted of or pleaded guilty to a violation of Vermont Fish and Wildlife Law within the previous three years, nor have been convicted of any misdemeanor or felony within the previous three years;

(3) be interviewed by a State Game Warden employed by the department to assess the applicant's proficiency in wildlife rehabilitation;

(4) must include in the application:

a. Name, address, telephone number and date of birth;

b. Location of facilities;

c. Related background experience;

d. Experience and training;

e. Species of interest (i.e.: mammals/raptors/ passerines/amphibians/reptiles/all);

f. Name and address of Veterinarian who has agreed to assist or advise the applicant.

g. Proof of adequate liability insurance to cover all handlers of wildlife.

Section 4 Appointment

(a) Application for appointment as wildlife rehabilitator must be submitted to the Chief Game Warden or his designee. The Chief Game Warden shall investigate and forward his recommendation along with the application to the Commissioner.

(b) Appointment as a wildlife rehabilitator will be made by the commissioner after a determination that eligibility requirements for appointment have been met.

(c) Appointment will continue until:

(1) terminated by the commissioner or his designee for just cause pursuant to Section 6.

(2) resignation, incapacity or death of the wildlife rehabilitator.

Section 5 Duties

(a) The wildlife rehabilitator must:

(1) practice wildlife rehabilitation in a humane and professional manner.

(2) consult licensed veterinarians as necessary to ensure that proper care is administered to injured or debilitated wildlife.

(3) not require payment for the care, treatment or maintenance of wildlife.

(4) comply with applicable provisions of Fish and Wildlife Law and rules and regulations adopted pursuant thereto and with the department's instructions concerning methods of wildlife rehabilitation, reporting requirements and any conditions contained in their license.

(5) display in a prominent place the license provided by the department.

(6) submit to the department in a timely manner all required records and reports properly executed.

(7) notify the department at least 90 days in advance of moving his/her place of operation to a new location.

(8) allow authorized department employees to inspect his/her wildlife rehabilitation operations and records at any reasonable time.

(9) participate in all training programs as may be required by the department.

(b) additionally, the wildlife rehabilitator may distribute, if appropriate, to persons who submit wildlife to them any material supplied by the department relating to wildlife rehabilitation.

Section 6 Termination of appointment

(a) Appointment as wildlife rehabilitator shall be terminated by the commissioner after a hearing at any time, for any of the following reasons:

(1) the wildlife rehabilitator has ceased to meet the appropriate eligibility requirements for appointment as set forth in this Regulation;

(2) the Wildlife Rehabilitator has failed to perform duties as provided in this Regulation;

(3) conviction of any Fish and Wildlife law in this state.

(4) conviction of any law relating to cruelty to animals.

(b) In cases where an appointment is terminated, the department must hold a hearing upon written request of the wildlife rehabilitator within 20 days of written receipt of the written request. The commissioner may: uphold the termination, or impose a period of probational approval of continued appointment.

Section 7 Limitations

(a) The Wildlife Rehabilitator permit is not an authorization for the handling of raptors or other wildlife requiring Federal permits, see Section 7(e), nor is the permit a blanket authorization for the rearing of orphaned wildlife. Orphaned wildlife, except for threatened or endangered species, shall be immediately returned to the wild as soon as they can survive on their own.

(b) Big Game Animals - Rehabilitators will not attempt to rehabilitate any big game animal except as delineated below. (Big game animals are as defined by 10 V.S.A. Section 4001.) Should the rehabilitator receive notification of an injured big game animal or receive an injured big game animal from any member of the public, the rehabilitator shall forthwith notify the nearest available state game warden. The state game warden shall handle the big game animal by either returning it to the wild, dispatching it in a humane manner, or, if the animal is a young of the year, he may allow the rehabilitator to possess the animal until it is well enough to be returned to the wild. If the officer feels the animal could survive if handled in this manner, the officer shall notify Fish & Wildlife Headquarters of the location and name of the licensed rehabilitator. The determination of whether a big game animal should be dispatched, because of its physical condition, is solely the responsibility of the officer or officers involved, as indicated by 10 V.S.A. 4749 relating to deer.

(c) The sale, trade, barter or giving away of any live or dead animal, or parts thereof, is prohibited.

(d) No human contact, other than the licensee, their assistants, and a licensed Veterinarian is permitted, nor will any wildlife be viewed by the general public. This section does not preclude Fish and Wildlife Department Wardens or biologists from inspecting the captive animals in the performance of their duties.

(e) All Rehabilitators wishing to handle raptors and threatened or endangered species must have the proper Federal and/or State permits in their possession prior to handling same.

(f) Records - submission. The wildlife rehabilitator shall submit such reports as required by the Commissioner. Such reports shall be filed with the Division of Law Enforcement in Waterbury, Vermont on a monthly basis indicating type of animal, reason for acceptance, name and address of individual submitting the animal and nature of injuries or illness.

Section 8 Housing and feeding of wildlife

Wild animals acquired and handled pursuant to this regulation shall be housed, fed and cared for as recommended by the Biologists of the Fish and Wildlife Department and the Rehabilitators' consulting Veterinarian.

History

• Effective Date: February 1, 1989 (SOS RUle Log #88-73)

Chapter 043 WILDLIFE MANAGEMENT UNITS (10 V.S.A. APP. SECTION 2B)

12-043 Code Vt. R. 12-010-043-X WILDLIFE MANAGEMENT UNITS (10 V.S.A. APP. SECTION 2B)

Section 1.0 Annual Public Meetings

Five Regions are established for annual public meetings on deer herd management pursuant to 10 V.S.A. § 4081(f). The Regions are comprised of Wildlife Management Units (WMU)s, as delineated in section 2.0 below, and are as follows:

a. Region 1-WMU's A, B, C, F1, F2, G

b. Region 2- WMU's D1, D2, E1, E2,

c. Region 3- WMU's H, I, J1, J2

d. Region 4- WMU's K, L, N, P

e. Region 5- WMU's M, O, Q

Section 2.0 WMU Boundaries

The WMU district boundaries are all those lands enclosed within the boundary lines described for each unit as follows:

Unit A - All of Grand Isle County including the islands.

Unit B - Beginning at the junction of the United States/Canadian Border and the Grand Isle/Franklin Counties Border proceed east along the Canadian Border to its intersection with State Route 139 in Richford. Then proceed southerly along that road to State Route 105. Continue southerly along Route 105 to State Route 108 in Enosburg Falls and then southerly along Route 108 to its intersection with the Upper Pleasant Valley Road (Cambridge #5) in Jeffersonville. Continue southerly along the Upper Pleasant Valley Road to the Pleasant Valley Road and then southerly along the Pleasant Valley Road (Cambridge #1, Underhill #1) which becomes River Road (Jericho T.H. #5) and along that road to State Route 15. Then south along Route 15 to the Brown's Trace Road (Jericho #1, #3, and #4) and along that road which becomes the Jericho Road (Richmond #4). Continue along the Jericho Road to Bridge Street in Richmond and along Bridge Street to the Winooski River. Then westerly along the Winooski River to its mouth at Lake Champlain and then in a northwesterly direction to the Grand Isle/Chittenden County Border. Then north along that border to the point of beginning.

Unit C - Beginning at the junction of the United States/Canadian Border and State Route 139 in Richford proceed east along the Canadian Border to State Route 243 in North Troy. Then proceed southerly along that road to State Route 105. Then southerly along Route 105 to State Route 101 and southerly along Route 101 to State Route 100 in Troy. Continue south along Route 100 to State Route 15 in Hyde Park then west along Route 15 to State Route 108 in Jeffersonville. Then north along Route 108 to State Route 105 in Enosburg Falls and north along Route 105 to State Route 139 and north along Route 139 to the point of beginning.

Unit D - Beginning at the United States/Canadian Border and State Route 243 in North Troy proceed east along the Canadian Border to Line Farm Road (Holland T.H. #13) in Holland. Then south along that road to Holland Pond Road (Holland T.H. #4 & #19). Then west, turning south on Holland Pond Road to Valley Road (Holland T.H. #1, Morgan T.H. #1). Continue south along Valley Road to State Route 111 in Morgan. Then east on Route 111 to State Route 114. Then proceed south along Route 114 to State Routes 114/105, and continue south on Route 114 to Mountain Road (Burke #7) in East Burke. Then east on Mountain Road to Kirby Road (Burke T.H. #8, Lyndon T.H. #7) then south on Kirby Road which becomes Ridge Road (Kirby T.H. #1), continue south on Ridge Road to Kirby Mountain Road (Kirby T.H. #29) and south on that road to Ranney Hill Road (Kirby T.H. #29) and east on that road to Wood Lane (Kirby T.H. #29) and then south on Wood Lane which becomes Brook Road (Concord T.H. #66) to U.S. Route 2 Concord. Then west along U.S. Route 2 to State Route 15 in West Danville and west along Route 15 to State Route 100 in Hyde Park. Then north along Route 100 to State Route 101 in Troy and north along it Route 101 to State Route 105. Continue north along Route 105 to State Route 243, then north along Route 243 to the point of beginning. Wildlife Management Unit D is subdivided into subunits D1 and D2.

Subunit D1 - is that part of Unit "D" lying West of a line commencing at the junction of State Routes 15 and 16 in Hardwick and proceeding northerly along State Route 16 to State Route 5A in Westmore, then northerly on Route 5A to Hudson Road (Charleston T.H. #1) in Charleston. Then southeast on Hudson Road to State Route 105. Continue southeast on Route 105 ending at its junction with State Route 114 in Brighton.

Subunit D2 - is that part of Unit "D" lying East of a line commencing at the junction of State Routes 15 and 16 in Hardwick and proceeding northerly along State Route 16 to State Route 5A in Westmore, then northerly on Route 5A to Hudson Road (Charleston T.H. #1) in Charleston. Then southeast on Hudson Road to State Route 105. Continue southeast on Route 105 ending at its junction with State Route 114 in Brighton.

Unit E - Beginning at the United States/Canadian Border and Line Farm Road (Holland T.H. #13) in Holland proceed east along the Canadian Border to the Vermont/New Hampshire Border at Canaan. Then south along the New Hampshire Border to U.S. Route 2 in Guildhall. Then west along U.S. Route 2 to Brook Road (Concord #66) in Concord. Then north on Brook Road which becomes Wood Lane (Kirby T.H. #29), then west on Ranney Hill Road (Kirby T.H. #29) to Kirby Mountain Road (Kirby T.H. #29) then north on that road to Ridge Road (Kirby T.H. #1). Continue north on Ridge Road which becomes Kirby Road (Burke T.H. #8, Lyndon T.H. #7) and north on that road to Mountain Road (Burke T.H. #7) and west on Mountain Road to State Route 114 in East Burke. Then north along Route 114 to State Routes 114/105, continue north on Route 114 to State Route 111 in Morgan. Then west along Route 111 to Valley Road (Morgan T.H. #1, Holland T.H. #1) and north on Valley Road to Holland Pond Road (Holland T.H. #4 & #19). Continue north, then east on Holland Pond Road to Line Farm Road (Holland T.H. #13) then north on that road to the point of beginning. Wildlife Management Unit E is subdivided into subunits E1 and E2.

Subunit E1 - All of the Unit E as described previously north of State Route 105.

Subunit E2 - All of the Unit E as described previously south of State Route 105.

Unit F - Beginning at the mouth of the Winooski River at Lake Champlain in Colchester proceed east along the river to Bridge Street in Richmond. Then south along Bridge Street to Huntington Road (Richmond #1), and south along it where it becomes Main Road (Huntington T.H. #1) continuing south to the Hinesburg Hollow Road (Huntington #2, Starksboro #2). Then west along the Hinesburg Hollow Road which becomes Hollow Road (Hinesburg T.H. #5) to State Route 116. Continue south along Route 116 to State Route 125 in East Middlebury and then east on that road to the Upper Plains Road (Middlebury #11, Salisbury #5). Then south along that road to State Route 53 and along it to State Route 73 in Forest Dale. Proceed westerly on Route 73 to Mount Independence Road (Orwell T.H. #2) in Orwell. Then westerly on that road to Chipman's Point Road (Orwell T.H. #2), and west on that road to Lake Champlain. Then on a west line to the Vermont/New York Border and then north along New York Border to the Grand Isle County Border. Then southeast to the mouth of the Winooski River and the point of beginning. Wildlife Management Unit F is subdivided into subunits F1 and F2.

Subunit F1 - is that part of Unit "F" lying West of a line commencing at the junction of State Routes 22A and 73 in the Town of Orwell, then proceeding northerly along Route 22A to State Route 74 in Shoreham, then northerly along Route 74 to State Route 30 in Cornwall. Continue northerly along Route 30 to U.S. Route 7 in Middlebury then northerly along U.S. Route 7 to the Monkton Road (Ferrisburg #2, Monkton T.H. #1) in Ferrisburg. Then northerly along the Monkton Road which becomes Silver Street (Hinesburg T.H. #4) to State Route 116 in Hinesburg and northerly along Route 116 to State Route 2A in St. George and then northerly along 2A ending at its junction with the Winooski River in Williston.

Subunit F2 - is that part of Unit "F" lying East of a line commencing at the junction of State Routes 22A and 73 in the Town of Orwell, then proceeding northerly along Route 22A to State Route 74 in Shoreham, then northerly along Route 74 to State Route 30 in Cornwall. Continue northerly along Route 30 to U.S. Route 7 in Middlebury then northerly along U.S. Route 7 to the Monkton Road (Ferrisburg #2, Monkton T.H. #1) in Ferrisburg. Then northerly along the Monkton Road which becomes Silver Street (Hinesburg T.H. #4) to State Route 116 in Hinesburg and northerly along Route 116 to State Route 2A in St. George and then northerly along Route 2A ending at its junction with the Winooski River in Williston.

Unit G - Beginning at the junction of State Route 108 and the Upper Pleasant Valley Road (#5) in Jeffersonville proceed north on Route 108 to State Route 15. Then east on Route 15 to State Route 100 in Morrisville and then south on that road to State Route 17 in Waitsfield. Continue westerly along Route 17 to State Route 116 in Bristol then north along that road to Hollow Road (Hinesburg #5). Proceed easterly along Hollow Road which becomes Hinesburg Hollow Road (Starksboro T.H. #2, Huntington T.H. #2) to Main Road (Huntington T.H. #1) then north on Main Road which becomes Huntington Road (Richmond #1) and along that road to Bridge Street in Richmond. Continue along Bridge Street to the Jericho Road (Richmond #4) and north along Jericho Road which becomes Brown's Trace Road (Jericho #1, #3, #4) to State Route 15 and along Route 15 to River Road (Jericho T.H. #5) which turns into the Pleasant Valley Road (Underhill #1, Cambridge #1). Continue on that road to the Upper Pleasant Valley Road (Cambridge T.H. #5) and northerly along it to the point of beginning.

Unit H - Beginning at the intersection of State Routes 15 and 100 in Morristown, proceed east along Route 15 to U.S. Route 2 in West Danville. Then east along U.S. Route 2 Peacham Road (Danville T.H. #3) in Danville, then south on the Peacham Road which becomes the Peacham Danville Road, then becomes the Bayley-Hazen Road (Peacham T.H. #1) to Peacham where it becomes South Main Street (Peacham T.H. #1). Continue south along that road which then becomes the Peacham Groton Road (Peacham T.H. #3) changing to Peacham Road (Barnet T.H. #4, Ryegate T.H. #4) to Groton where it becomes Minard Hill Road (Groton T.H. #2). Continue south on that road to U.S. Route 302. Proceed west on U.S. Route 302 to U.S. Route 2 in Montpelier and then westerly along U.S. Route 2 to State Route 100 in Waterbury. Then north along Route 100 to the point of beginning.

Unit I - Beginning at the intersection of State Routes 116 and 17 in Bristol, proceed east along Route 17 to State Route 100 in Waitsfield. Then south along Route 100 to U.S. Route 4 in Killington, and then west on U.S. Route 4 to U.S. Route 7 in Rutland. Then north along U.S. Route 7 to State Route 73 in Brandon. Then easterly along Route 73 to State Route 53 in Forest Dale and north along Route 53 to the Upper Plains Road (Salisbury #5, Middlebury #11). Proceed north along the Upper Plains Road to State Route 125 in East Middlebury and west along Route 125 to State Route 116, then north along Route 116 to the point of beginning.

Unit J - Beginning at the intersection of State Route 100 and U.S. Route 2 in North Moretown proceed east on U.S. Route 2 to U.S. Route 302 in Montpelier and along U.S. Route 302 to Minard Hill Road (Groton T.H. #2) in Groton. Then northerly on Minard Hill Road which then becomes Peacham Road (Barnet T.H. #4, Ryegate T.H. #4). Continue north along that road which then becomes the Peacham Groton Road (Peacham T.H. #3) to South Peacham where it becomes South Main Street (Peacham T.H. #1). Continue north on that road which becomes the Bayley-Hazen Road then becomes the Peacham Danville Road (Peacham T.H. #1) to Danville where it becomes the Peacham Road (Danville T.H. #3). Continue north on that road to U.S. Route 2. Proceed east along U.S Route 2 to the Vermont /New Hampshire Border in Guildhall. Then south along the New Hampshire border to U.S. Route 4 in White River Junction and then west on U.S. Route 4 to State Route 14 and west along Route 14 to State Route 107 in North Royalton. Continue west on Route 107 to State Route 100 in Stockbridge and north along Route 100 to the point of beginning. Wildlife Management Unit "J" is subdivided into subunits J1 and J2.

Subunit J1 - is that part of Unit "J" lying West of a line commencing at the junction of State Routes 14 and 110 in South Royalton, then proceeding northerly along Route 110 ending at its junction with U.S. Route 302 in East Barre.

Subunit J2 - is that part of Unit "J" lying East of a line commencing at the junction of State Routes 14 and 110 in South Royalton, then proceeding northerly along Route 110 ending at its junction with U.S. Route 302 in East Barre.

Unit K -Beginning at the Vermont/New York Border off Chipman's Point Road in Orwell, proceed east along Chipman's Point Road to Mount Independence Road (Orwell T.H. #2) and along that road to State Route 73. Continue east on Route 73-to U.S. Route 7 in Brandon. Then south along U.S. Route 7 to Mt Tabor Ave (Mt. Tabor T.H. #1) in Mt. Tabor and west along that road to Brook Road (Danby T.H. #1). Then west on Brook Road to the Danby/Pawlet Road (Danby # 1, Pawlet #4). Then west along that road to State Route 133 in Pawlet and along Route 133 to State Route 30, then westerly along Route 30 to State Route 149 and along Route 149 to the Vermont/New York Border. Then north along the New York Border to the point of beginning.

Unit L -Beginning at the intersection of U.S. Routes 4 and 7 in Rutland, proceed east along U.S. Route 4 to State Route 100 in Bridge water. Then south along Route 100 to State Route 30 in Rawsonville and then west along Route 30 to the junction of State Route 11 in Winhall. Continue west on Routes 11/30 to U.S. Route 7 in Manchester and north along U.S. Route 7 to the point of beginning.

Unit M - Beginning at the intersection of State Routes 100 and 107 in Stockbridge proceed east on Route 107 to State Route 12. Then south on Route 12 to U.S. Route 4 in Woodstock. Then west on U.S Route 4 to State Route 106 and continue south on Route 106 to State Route 131 in Weathersfield, proceed west on Route 131 to State Route 103 in Proctorsville. Then south on Route 103 to State Route 11 to State Route 35 in Chester. Continue south on Route 35 to State Route 35/121 in Grafton. Then south on Route 35 to State Route 30 in Townshend. Then northwesterly on Route 30 to State Routes 30 and 100. Then north on Vermont Routes 30/100 to Rawsonville, continuing north on Route 100 to the point of beginning.

Unit N - Beginning at the junction of State Route 149 and the Vermont/New York Border proceed east on Route 149 to State Route 30 then southeast on Route 30 to State Route 133. Continue easterly on Route 133 to the Danby/Pawlet Road (Pawlet #4) and easterly along that road to Brook Road (Danby T.H. #1). Continue east on Brook Road to Mt. Tabor Ave (Mt. Tabor T.H. #1) and continue east to its junction with U.S Route 7 in Mt. Tabor, then south on U.S. Route 7 to State Route 9 in Bennington. Then east on Route 9 to South Branch Street in Bennington and south to Beech Street and then south along it to South Stream Road (Bennington #3, Pownal #3) continuing south on that road which becomes Barber Pond Road and along it to U.S. Route 7 in Pownal. Then south along U.S. Route 7 to the Vermont/Massachusetts Border and then west along the Massachusetts Border to the Vermont/New York Border and north along the New York Border to the point of beginning.

Unit O - Beginning at the intersection of State Routes 107 and 14 in North Royalton proceed easterly along Route 14 to U.S. Route 4 in White River Jet. Then east along U.S. Route 4 to the Vermont/New Hampshire Border. Then south along the New Hampshire Border to the Vermont/Massachusetts Border. Then west along the Massachusetts Border to Stark Mountain Road in Halifax (Halifax T.H. 39). Then north on Stark Mountain Road to Amidon Road (Halifax T.H. 32). Continue north on Amidon Road to Jacksonville Stage Road (Halifax T.H. 2) in Grove. Then northeast along Jacksonville Stage Road which becomes Stage Road (Guilford T.H.1) to Guilford Center. Continue northeast on Guilford Center Road (Guilford T.H.1) to U.S. Route 5 in Guilford. Then north on U.S Route 5 to Interstate 91 at Exit 1. Then northerly along Interstate 91 to State Route 30 in Brattleboro and along Route 30 to State Route 35 in Townshend. Then north on Route 35 to State Route 35/121 in Grafton. Then north on Route 35 to State Route 11 to State Route 103 in Chester. Continue north on Route 103 to State Route 131 in Proctorsville. Then easterly on Route 131 to State Route 106 in Weathersfield. Then northerly on Route 106 to U.S. Route 4 in Woodstock. Then east on U.S. Route 4 to State Route 12 and north on Route 12 to State Route 107 near Stockbridge. Then easterly on Route 107 to the point of beginning.

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Unit P - Beginning at the intersection of U.S. Route 7 and State Routes 11 and 30 in Manchester proceed east on Routes 11/30 to their junction in Winhall. Continue southeast on Route 30 to State Routes 30 and 100 in Rawsonville and then south on Routes 30/100 to East Jamaica. Continue south on Route 100 to State Route 112 in Jacksonville. Then along Route 112 to State Route 8A and south along Route 8A to the Vermont/Massachusetts Border. Then west along the Massachusetts Border to U.S. Route 7 in Pownal and then north on U.S. Route 7 to Barber Pond Road (Pownal #3) then northeast along that road which becomes South Stream Road (Bennington T.H. #3) to Beech Street in Bennington and then on South Branch Street to State Route 9. Then west on Route 9 to U.S. Route 7 and then north on U.S. Route 7 to the point of beginning.

Unit Q - Beginning at the intersection of State Routes 100 and 30 in East Jamaica proceed southeast on Route 30 to Interstate 91, then proceed south along Interstate 91 to U.S. Route 5 at Exit 1. Then south on U.S Route 5 to Guilford Center Road (Guilford T.H.1). Then southwest on Guilford Center Road to Guilford Center. Continue southwest along Stage Road (Guilford T.H.1) which becomes Jacksonville Stage Road (Halifax T.H.2) to Grove. Then south on Amidon Road (Halifax T.H. 32) to Stark Mountain Road (Halifax T.H.39) and south on that road to the Vermont/Massachusetts Border and then west along the Massachusetts Border to State Route 8A. Then northerly along Route 8A to State Route 112 in Jacksonville and then north along Route 112 to State Route 100. Proceed north along Route 100 to the point of beginning.

History

• STATUTORY AUTHORITY: 33 V.S.A. § 1901
• STATUTORY AUTHORITY: 10 V.S.A. § 4084
• EFFECTIVE DATE: August 8, 1991 Secretary of State Rule Log #91-45
• AMENDED: May 4, 1996 Secretary of State Rule Log #96-30 February 20, 2014 Secretary of State Rule Log #14-006 [Renamed from Antlerless Deer Management District Boundaries.]

Subagency 004 NATURAL RESOURCES BOARD

Chapter 044 SHELBURNE BAY MOORING MANAGEMENT ZONE (UPW-28)

12-044 Code Vt. R. 12-004-044-X SHELBURNE BAY MOORING MANAGEMENT ZONE (UPW-28)

Rule No.1

All waters of Shelburne Bay located southerly and westerly of a line extending from the present location of the navigational buoy designated as RN 4 (latitude 44 [degrees] 26.2' N., longitude 73 [degrees] 14.7' W.) to a point on the easterly shore of Shelburne Bay, which point marks the boundary between the City of South Burlington and the Town of Shelburne (latitude 44 [degrees] 24.0' N., longitude 73 [degrees] 13.1' W) are hereby designated as a Mooring Management Zone. The Mooring Management Zone shall include that portion of the LaPlatte River extending from Shelburne Bay southerly to the Bay Road (Shelburne Town Highway # 1) overpass (latitude 43 [degrees] 23.9' N., longitude 73 [degrees] , 14.1' W).

Rule No.2

Within the Mooring Management Zone, moorings shall be prohibited within a triangularly - shaped area beginning at the Bay Road overpass (latitude 43 [degrees] 23.9' N., longitude 73 [degrees] 14.1' W.); thence northerly along the westerly shoreline to the easterly most point of the Shelburne Bay Boat Access Area (latitude 44 [degrees] 24.1' N., longitude 73 [degrees] 14.1' W.,); thence northerly to a point at Allen Hill (latitude 44 [degrees] 24.6' N., longitude 73 [degrees] 14.3' W); thence northerly to a point on the shoreline (latitude 44 [degrees] 25.9' N., longitude 73 [degrees] 14.8' W); thence north to a point in the bay (latitude 44 [degrees] 26.1' N, longitude 73 [degrees] 14.8' W.); thence northwesterly to a point on the shoreline (latitude 44 [degrees] 26.15' N., longitude 73 [degrees] 14.85' W.); thence northeasterly to the present location of the navigational buoy designated as RN 4 (latitude 44 [degrees] 26.2' N., longitude 73 [degrees] 14.7' W.); thence southeasterly to the point on the easterly shore which marks the boundary between the City of South Burlington and the Town of Shelburne (latitude 44 [degrees] 25.3' N., longitude 73 [degrees] 13.1' W); thence southwesterly to a point on the northwesterly most landfall on eastern shore at the mouth of the LaPlatte River (latitude 44 [degrees] 24.0' N., longitude 73 [degrees] 14.0' W.); thence southwesterly along the shoreline to the Bay Road (Shelburne Town Highway # 1) overpass, the point of beginning; all as generally depicted on Attachment A dated December 1982.

Rule No.3

Within the Mooring Management Zone, the placement of moorings shall be regulated on behalf of the Vermont Water Resources Board by the Town of Shelburne in those waters lying to the west of the line from a point at Allen Hill latitude 44 [degrees] 246' N, longitude 73 [degrees] 143' W to the easterly most point of the Shelburne Bay Boat Access Area latitude 44 [degrees] 241' N, longitude 73 [degrees] 141' W All moorings shall be placed so that no moored vessels will extend beyond the limit of this area

[See graphic or tabular material in printed version]

History

• Effective: 4/29/83

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 045 ANTLERLESS DEER SEASON (10 V.S.A. APP. section 2C)

12-045 Code Vt. R. 12-010-045-X ANTLERLESS DEER SEASON (10 V.S.A. APP. section 2C)

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081. In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance. This rule recognizes that "the fish and wildlife of Vermont are held in trust by the state for the benefit of the citizens of Vermont and shall not be reduced to private ownership."

1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the deer herd.

1.3 In accordance with 10 V.S.A. § 4084, the dates for the antlerless season are adopted under this rule.

1.4 In accordance with 10 V.S.A. § 4742a(c), the Board establishes the taking of antlerless deer during the youth deer hunting weekend.

Section 2.0 Purpose

The purpose of this rule is to authorize the taking of a certain number of antlerless deer by muzzleloader, authorize the taking of antlerless deer during the archery season, and the taking of antlerless deer during Youth Deer Hunting Weekend.

Section 3.0 Permitted Activities and Restrictions

3.1 The Fish and Wildlife Board hereby authorizes the taking of antlerless deer (deer with antlers less than three inches in length or no antlers) during the muzzleloader season, from December 7 through December 15, 2013.

3.2 The Fish and Wildlife Board hereby authorizes the taking of antlerless deer (deer with antlers less than three inches in length or no antlers) during the archery seasons, October 5th through October 27 and December 7 through December 15, 2013. All Wildlife Management Units (WMU)s are open to the taking of antlerless deer by means of archery except WMU E.

3.3 The Fish and Wildlife Board hereby authorizes that participants in the Youth Deer Hunting Weekend may take any deer. A deer taken with antlers three inches or greater in length shall apply to the annual buck limit established in Appendix 37 § 5.

3.4 The Board authorizes the issuance of a total of 14,400 antlerless deer permits, distribution to be made throughout the state on the basis of WMUs as provided for in section 4.0 of this rule.

3.5 Applications must be received prior to the deadline established by the Fish and Wildlife Department.

Section 4.0 Antlerless Permits by WMU

4.1 Muzzleloader antlerless permits to be issued, by WMU, for the 2013 deer season:

| WMU | 2013 Permits | | --- | --- | | A | 900 | | B | 3,400 | | C | 400 | | D1 | 450 | | D2 | 100 | | E | 0 | | F1 | 250 | | F2 | 500 | | G | 100 | | H1 | 150 | | H2 | 100 | | I | 50 | | J1 | 100 | | J2 | 850 | | K1 | 1,100 | | K2 | 2,800 | | L | 100 | | M1 | 0 | | M2 | 450 | | N | 2,100 | | O1 | 0 | | O2 | 300 | | P | 0 | | Q | 200 | | State | 14,400 |

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4084, 4742a
• EFFECTIVE DATE: September 13, 1992 Secretary of State Rule Log #92-46
• AMENDED: September 9, 1995 Secretary of State Rule Log #95-56; October 3, 1996 Secretary of State Rule Log #96-56; September 3, 1997 Secretary of State Rule Log #97-42; July 11, 1998 Secretary of State Rule Log #98-43; August 10, 1999 Secretary of State Rule Log #99-40; August 5, 2000 Secretary of State Rule Log #00-38; August 3, 2001 Secretary of State Rule Log #01-42; August 3, 2002 Secretary of State Rule Log #02-26; August 1, 2003 Secretary of State Rule Log #03-22; September 8, 2004 Secretary of State Rule Log #04-33; September 2, 2005 Secretary of State Rule Log #05-030; September 1, 2006 Secretary of State Rule Log #06-025; September 14, 2007 Secretary of State Rule Log #07-034; September 9, 2008 Secretary of State Rule Log #08-037; August 1, 2009 Secretary of State Rule Log #09-023; August 21, 2010 Secretary of State Rule Log #10-032; August 15, 2011 Secretary of State Rule Log #11-033; July 14, 2012 Secretary of State Rule Log #12-022; August 1, 2013 Secretary of State Rule Log #13-018

Chapter 046 SECOND ARCHERY DEER HUNTING LICENSES (10 V.S.A. APP. 2D)

12-046 Code Vt. R. 12-010-046-X SECOND ARCHERY DEER HUNTING LICENSES (10 V.S.A. APP. 2D)

Section 2d. Second Archery Deer Hunting Licenses.

Pursuant to Title 10 V.S.A. § 4084(a), relating to deer, the Fish and Wildlife Board establishes that:

1.0 A person taking a deer on a second archery license, pursuant to § 4084(a), may take7 an antlerless deer during the period from the first Saturday in October and running for 28 consecutive calendar days and the nine consecutive calendar days starting on the first Saturday after the completion of the regular rifle deer hunting season.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4084, 4744
• EFFECTIVE DATE: November 14, 1992 Secretary of State Rule Log #92-61
• AMENDED: August 2, 1997 Secretary of State Rule Log #97-35; January 1, 2016 Secretary of State Rule Log #15-025

Chapter 049 MOOSE MANAGEMENT (10 V.S.A. APP Section 33)

12-049 Code Vt. R. 12-010-049-X MOOSE MANAGEMENT (10 V.S.A. APP Section 33)

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the moose herd.

1.3 In accordance with 10 V.S.A. § 4082, the Vermont Fish and Wildlife Board may: establish open seasons; daily, season and possession limits for game; territorial limits; prescribe the manner and means of taking moose; establish territorial limits for the taking of moose; and establish restrictions on taking based upon sex, maturity and other physical distinctions.

1.4 In accordance with 10 V.S.A. § 4254(i)(l), this rule establishes a process to auction five (5) moose permits to be awarded to the highest bidders.

1.5 In accordance with 10 V.S.A. § 4254(i)(2), this rule establishes a separate drawing for eligible Vermont veterans through a special priority drawing through the permit lottery system.

Section 2.0 Purpose

The purpose of this regulation is to establish two annual moose seasons, to establish the procedures to be used in applying for and issuing moose permits, and to establish the administrative framework for regulating the taking of moose.

Section 3.0 Definitions

3.1 "Antlered moose" means a moose which has at least one antler 6 inches or more in length measured from the tip of the main beam along the distal edge of the antler to the base of the antler burr at the skull.

3.2 "Antlerless" means those moose without antlers or antlers less than six inches in length.

3.3 "Applicant" means a person who has submitted a completed legal application to the lottery.

3.4 "Application" means the form provided by the Department that allows a person to be entered into the lottery.

3.5 "Board" means the Vermont Fish and Wildlife Board.

3.6 "Bonus point" means:

1. a point accrued for successfully applying for a permit, but not being drawn, or

2. a point accrued by indicating on the application that the person should not be entered into that year's drawing, but wishes to accrue a point.

3.7 "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.

3.8 "Crossbow" means a device consisting of a bow mounted to a rigid stock for discharging bolts or arrows and having a mechanical means to hold and release the drawn string, which must be fired from the shoulder. A bolt means a short projectile for a crossbow that resembles an arrow and has a head that measures no less than 7/8 inch at its widest point. A crossbow shall have a minimum pull of 125 pounds, a working mechanical safety and a stock no less than 23 inches in length.

3.9 "Department" means the Vermont Fish and Wildlife Department.

3.10 "Either sex" means a moose of any sex.

3.11 "Guide" means a person authorized to accompany, direct, aid, assist, and/or instruct a Permittee during a moose hunt.

3.12 "Guide Permit" means a document, provided by the Department to the Permittee, to allow for a guide to assist in a moose hunt.

3.13 "Legal means" means the taking of a moose by muzzleloader, rifle, handgun, shotgun, a crossbow, or bow and arrow in conformance with this rule.

3.14 "Permit" means a document issued by the Department authorizing the taking of a moose.

3.15 "Permittee" means a person who has successfully acquired a legal permit through the lottery or auction as described in this rule.

3.16 "Subpermittee" means an individual designated by a Permittee, whose name has been provided to the Department in conformance with this rule, who may be permitted to take a moose.

3.17 "Wildlife Management Unit" (WMU) means one of twenty-five geographical areas in Vermont established for managing wildlife through regulation.

Section 4.0 Moose Seasons

There shall be two moose seasons annually.

4.1 Archery. The first moose season shall be by archery only:

a) This season shall be open for seven consecutive days, beginning the first day of October.

b) To take an animal during this season a person must possess a valid archery moose permit as prescribed in Section 9 of this rule.

4.2 Regular. The second moose season shall be for any legal means of take:

a) This season shall be open for six consecutive days beginning the third Saturday in October.

Section 5.0 Possession Limit

5.1 The bag limit for moose shall be one moose per moose hunting permit.

5.2 The possession limit for moose shall be one moose per moose hunting permit.

Section 6.0 Permit Application Process

6.1 Applications must be made on an official moose hunting application form provided by the Department.

6.2 Only applications received by the Department's central office during the official application period will be considered. Applications must be received prior to the deadline established by the Department.

6.3 The Department will consider only complete applications. For an application to be complete it must be legible, must contain all the information requested by the Department, must bear the applicant's original signature, or, in the case of electronic or facsimile applications, attestation under the pains and penalties of perjury. To be considered complete the form must be accompanied by any required application fee, or means of payment, such as a valid credit card payment.

6.4 The Department will consider no more than one complete application from any applicant per year for each of the two separate lotteries held. A lottery will be held for both the regular and archery seasons. Only one permit may be issued per person per calendar year.

6.5 Ten (10) percent of the moose hunting permits may be issued to non-resident hunters.

6.6 No person who has held a valid Vermont moose hunting permit in any of the previous five (5) years may apply for a moose hunting permit or a bonus point in the current calendar year. The application of the five (5) year waiting period shall only be effective for persons who hold a moose hunting permit after January 1, 2016.

Section 7.0 Lottery Points

7.1 A person may accumulate one additional chance, or "bonus point" to win the lottery for each consecutive year that person legally submits and provides the fee for an application but is not selected to receive a permit.

7.2 Two separate lotteries may be held, one for the archery season and one for the regular season. Applicants may accumulate up to one bonus point per year in each of the two separate lotteries, provided a complete application is submitted.

7.3 Applicants may elect to accrue a bonus point without entering the moose hunt lottery by submitting a completed application and fee and indicating at the appropriate place on the application form that they do not wish to be entered in the lottery for the current calendar year.

7.4 To accrue bonus points, a person must provide a complete application for the given year's lottery for which the person wishes to receive a permit (archery or regular). All bonus points in both lotteries are lost upon receipt of a valid permit or failure to provide a complete application for each designated lottery

• a person may continue to accrue bonus points in one lottery, even if he or she fails to provide a valid application for the other.

Section 8.0 Permit Selection Process

8.1 All those who have submitted completed applications and who wish to be entered into the lottery will be entered into the lottery. The Department will hold, or cause to be held, a transparent, random drawing to include all persons who have submitted a complete application.

8.2 Selected regular season applicants will receive a permit for their WMU of preference until the permit quota for their preferred WMU is filled at which time a permit will be awarded for their second choice WMU, and so on.

8.3 Selected regular season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee, and their Subpermittee's name, if any.

8.4 Selected archery season applicants will be notified by mail, and will receive a permit form to complete. Successful applicants have 15 calendar days to return the completed forms with the appropriate fee and indicate the name of their Subpermittee, if any.

Section 9.0 Moose Hunting Permits

9.1 An applicant who is chosen by lottery, or is the successful auction bidder may purchase a moose hunting permit from the Department.

9.2 At the time of issuance, moose season permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.

9.3 At the time of issuance, archery season permit recipients and designated Subpermittees must show proof of having held an archery deer license and/or a certificate of satisfactory completion of a bowhunter education course from Vermont or another state or province of Canada which is approved by the Commissioner. Archery season permit recipients and designated Subpermittees must hold a valid Vermont big game hunting license.

9.4 Moose hunting permits are valid only within the WMU or WMUs designated on the permit, for the specified season, and for the type (either sex, antlered, or antlerless) specified on the permit.

Section 10.0 Deferments

10.1 The Commissioner may grant a one time, one-year deferment to successful applicants for reasons of personal or family illness, temporary disability, or military deployment.

10.2 Requests for deferment shall be made on the Department-issued form to the Commissioner and received no later than three days prior to the start of the moose season for which a permit has been issued. Requests shall contain information required by the Commissioner to substantiate the request. 10.3 Deferred permits shall be issued for the same WMU and permit type (either sex, antlered, antlerless, archery or regular) as the originally issued permit.

Section 11.0 Subpermittees

11.1 A person holding a valid moose hunting permit may designate one (1) Subpermittee who shall be permitted to hunt moose pursuant to the permit.

11.2 The Subpermittee must always be accompanied by the permit holder. For these purposes, "accompanied," means being able to communicate without the aid of artificial devices except medically-prescribed eyeglasses or hearing aids.

11.3 Once the applicant has provided the name of their selected Subpermittee to the Department, no change to this selection will be allowed except for personal or family illness, temporary physical disability, or military deployment.

11.4 Any request for change of Subpermittee must be made in writing to the Commissioner and received no later than three (3) days prior to the start of the moose season for which a permit has been issued.

11.5 Subpermittee Ineligibility

a) Subpermittee Ineligibility No person who has held a Vermont moose hunting permit in any of the previous five (5) years may be designated as a Subpermittee in the current calendar year.

b) No person who holds a valid moose hunting permit in one year may be designated as a Subpermittee in the same year.

c) No person may be named as a Subpermittee on more than one permit during the same year.

Section 12.0 Guides and Guide Permits

12.1 The Guide shall be allowed to direct, aid, assist and instruct the Permittee and Subpermittee during the hunt.

12.2 A Guide may not carry any other firearm, muzzleloader, or archery equipment.

12.3 Each Permittee shall be issued a Guide Permit by the Department. The Guide Permit must be carried by the guide at all times while accompanying the Permittee while hunting moose.

12.4 A person serving as a Guide must hold a current valid Vermont big game hunting license.

12.5 A Guide Permit may be carried by different persons at any time during the moose hunt, but only one person at a time may serve as a Guide for each moose hunting party.

12.6 A person may simultaneously serve as a Guide for more than one moose Permittee but must be carrying the proper Guide Permit for each guided party.

Section 13.0 Control Measures

13.1 In addition to all relevant laws and regulations pertaining to the hunting and taking of big game in Vermont, the following additional restrictions apply:

a) No persons other than the Permittee, Subpermittee and Guide shall participate in a hunt to take moose.

b) Portable radio transceivers, GPS, and/or cell phones shall not be used to communicate during the hunting or taking of moose. Such devices may be used, however, after the moose is legally tagged.

c) No electronic devices such as radio telemetry equipment shall be used to take moose.

d) No electronic devices may be used to attract moose.

e) No person shall shoot or attempt to shoot a moose when the moose is within 100 yards of any town, state, or federal highway as defined in 10 V.S.A. § 470S(f).

f) Pursuant to 10 V.S.A. App. § 12, notwithstanding 10 V.S.A. App. § 12, Section l(g), a person may employ the licensed handler of an authorized leashed tracking dog to track a moose wounded while lawfully hunting under this rule.

g) Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled vehicle except as permitted in accordance with 10 V.S.A. § 4705.

13.2 Regular Season: Moose may be taken only with the following implements and restrictions:

a) Centerfire rifles or handguns not less than.25 caliber.

b) A muzzleloading firearm of not less than.45 caliber, with a minimum barrel length of 20 inches and designed to be fired from the shoulder, or a muzzleloading handgun of not less than.45 caliber and with a minimum barrel length of 10 inches.

c) Bows of not less than 50 pound draw weight, based on the archer's normal draw length for traditional bows, and using arrowheads with a minimum of 7 /8 of an inch in width with two or more cutting edges. A person taking moose may use a crossbow as a means of take during any season that permits the use of a bow and arrow-only; and the crossbow is used in accordance with this subsection.

13.3 Archery Season: Moose may be taken only with the following implements and restrictions:

a) Bows of not less than 50 pound draw weight, based on the archer's normal draw length for traditional bows, and using arrowheads with a minimum of 7 /8 of an inch in width with no fewer than two or more cutting edges.

b) Crossbow bolts shall have arrowheads with a minimum of 7/8 of an inch in width with two or more cutting edges.

Section 14.0 Tagging and Reporting

14.1 The transporting of moose shall be in accordance with current regulations and statutes pertaining to big game.

14.2 Once a moose is legally tagged, pursuant to 10 V.S.A. Appendix § 2a., there is no limit to the number of persons that can assist with the field dressing and removal of the moose from the kill site.

14.3 Moose taken under this rule must be reported, pursuant to 10 V.S.A. Appendix § 2, by exhibiting the eviscerated carcass, or parts thereof, to a Department official at a Department-authorized moose check station during its scheduled days and hours of operation within 48 hours of tagging.

14.4 The moose head hide, lower legs, and boned-out ribcage and/or bones need not be reported, however, both complete central incisors must be presented.

14.5 The permittee shall bring the following to the biological check station:

(a) The lower jaw, including incisors, one of which shall be taken for aging purposes;

(b) The intact antler rack on an antlered moose;

(c) The portion of the skull on a male antlerless moose where antlers would be attached;

(d) The female reproductive tract including both of the ovaries;

(e) The udder; and

(f) All edible portions of the moose not including organs.

14.6 No moose shall be transported out of the State without first being reported as required herein.

14.7 The Permittee and/or Subpermittee must identify the exact kill site on a Department map, and if requested, shall be required to take Department personnel to the kill site and/or the site of carcass evisceration for purposes such as, but not limited to, verification of the cause of death and site of kill, or to obtain ovaries or other biological samples left behind.

Section 15.0 Permit Allocation

15.1 The number of either- sex and/or antlerless permits or bull only permits to hunt and take moose during both the regular and archery seasons will be set by the Board.

Section 16.0 Special Priority for Eligible Vermont Veterans

16.1 Pursuant to 10 V.S.A. § 4254, eligible for Vermont veterans will receive special priority drawing in the regular moose season lottery drawing.

16.2 A total of five (5) regular season permits will be allocated for this special priority drawing. These five permits will be included in the total permits authorized by separate Board Rule.

16.3 Vermont residents who qualify for the special priority drawing must submit a complete application approved by the Department. A person applying for the special priority drawing permits must have marked the appropriate box on the application indicating that they comply with the provisions of this section.

16.4 Vermont residents who qualify for the special priority drawing and who are not drawn for a moose permit in that special priority drawing shall be entered into the subsequent regular drawing.

16.5 Vermont residents who qualify for the special priority drawing and who do not receive a moose permit shall be awarded preference points for the subsequent special priority drawing.

Section 17.0 Moose Permit Auction

17.1 Pursuant to 10 V.S.A. § 4254(i), five moose permits shall be set aside to be issued by auction. These permits are in addition to the permits authorized by separate Board rule.

17.2 Complete bids must be received by the Department's central office prior to the deadline established by the Department.

17.3 Permits will be awarded to individuals that submit the five (5) highest bids. Individuals submitting the next five (5) highest bids will be eligible, in order of declining bid value, to receive a permit if higher-ranked bidders do not submit payment within 15 calendar days following notification.

17.4 An individual may submit more than one bid; however he/she may only receive one moose permit. If an individual submits multiple bids, only the highest value bid will be included in the auction as an official bid.

17.5 Once notified of winning a moose permit, successful bidders have 15 calendar days to submit their bid payment, and to indicate: the season they will hunt in, the Wildlife Management Unit they will hunt in; and their Subpermittee, if any.

17.6 If an individual receives a moose permit from the regular moose lottery or archery moose lottery, and is also a successful auction bidder, the person may choose either permit. Should a person choose the regular moose lottery permit or the archery moose lottery permit, the bid amount will be refunded and the next highest unsuccessful bidder will be offered the auction permit.

17.7 Individuals who have held a valid moose permit acquired by the regular or archery moose lottery or auction are ineligible from participating in the moose permit auction for five years.

History

• EFFECTIVE DATE:
• April 8, 1994 Secretary of State Rule Log #94-16
• AMENDED:
• May 15, 1995 Secretary of State Rule Log #95-33; May 14, 1996 Secretary of State Rule Log #96-29; June 5, 1999 Secretary of State Rule Log #99-25; June 16, 2000 Secretary of State Rule Log #00-33; May 4, 2002 Secretary of State Rule Log #02-15; August 6, 2005 Secretary of State Rule Log #05-23 [combined with 12 010 048 Moose Regulation #1000]; July 8, 2006 Secretary of State Rule Log #06-022; July 6, 2007 Secretary of State Rule Log #07-021; July 7, 2008 Secretary of State Rule Log #08-028; June 18, 2009 Secretary of State Rule Log #06-016; July 9, 2010 Secretary of State Rule Log #10-025; March 5, 2011 Secretary of State Rule Log #11-011; June 3, 2012 Secretary of State Rule Log #12-013; January 1, 2016 Secretary of State Rule Log #15-040; January 1, 2020 Secretary of State Rule Log #19-046
• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4084, 4254

Chapter 050 FISHING TOURNAMENTS

12-050 Code Vt. R. 12-010-050-X FISHING TOURNAMENTS

(A) The permit for a fishing tournament as required by Section 4613 shall be applied for no less than 30 days before the date of the tournament. The following information will be supplied to the Vermont Fish and Wildlife Department:

Name of organization, contact person(s), address and phone number(s), dates and times of the tournament, body of water, location of headquarters and check stations, number of anglers expected, fish species involved, a dopy of the tournament rules, name and address permit is to be mailed to.

(B) Within thirty (30) days after the tournament ends a report of the following information shall be provided to the Department:

Total number of tickets sold, estimated number of anglers, number of anglers that registered catch, number of each species of fish registered, and the number of registered fish released alive following registration.

Tournament sponsors may be requested to cooperate further with the Department in gathering additional information.

All tournaments rules shall be structured within the laws of the State of Vermont. A fishing license is required by anyone 15 years of age and older. All legal fishing methods and limits shall apply.

History

• Effective Date: 2/17/94

Chapter 051 REGULATIONS GOVERNING THE INDUSTRY OF FISH PROPAGATION

12-051 Code Vt. R. 12-010-051-X REGULATIONS GOVERNING THE INDUSTRY OF FISH PROPAGATION

1. Purpose - The purpose of this regulation is to carry out the mandate of the Vermont General Assembly to control, through a permit program, the propagation of fish, 10 V.S.A. Chapter 119, 5207 - 5209. In addition, a Memorandum of Understanding of the operation of the fish health inspection program was adopted July 21, 1992, by the commissioners of the Fish and Wildlife Department and the Department of Agriculture. The Department of Fish and Wildlife will review the Fish and Wildlife regulation governing the industry of fish propagation annually. This review will consider the recommendations of the Vermont Aquaculture Advisory Board to include testimony and data.

2. Scope of Regulations - The provisions of this part are in addition to, and not in lieu of, any present State law or regulation pertaining to the taking of any fish in a lawful means and lawful manner. These regulations provide for the establishment of an application process, investigation process, permit issuance process and conditions under which the propagated species may be sold or purchased.

3. Definitions -

A) Fish - All fresh water fish and any salt water fish capable of adapting to fresh water. Also includes live fish, viable fish eggs, and viable sperm.

B) Propagation - To cause to multiply or breed. To increase the species, or to cause to spread.

C) Endangered Species - All fish named as threatened or endangered by the Federal Endangered Species Act ( PL 93-205) and those listed as threatened or endangered pursuant to 10 V.S.A., Chapter 123.

D) Commissioner - Commissioner of the Vermont Fish and Wildlife Department, with the exception of when the language "Commissioner of Agriculture" is used pursuant to the established Memorandum of Understanding signed July 21, 1992, by the commissioners of the Fish and Wildlife Department and the Department of Agriculture.

E) Department - Vermont Fish and Wildlife Department.

F) Injurious Fish - Fish determined by the Vermont Fish and Wildlife Department or the United States Fish and Wildlife Service to be a danger to or potential danger to, Vermont's fish or wildlife.

G) Annual Fish Health Inspection - Annual inspection (minimum once a year) for fish pathogens using inspection procedures approved by the Department, such as those provided for in the most recent addition of the "Blue Book," which is developed by the Fish Health Section of the American Fisheries Society (AFS) or the most recent addition of the "Fish Health Protection Regulations Manual of Compliance," of the Department of Fisheries and Oceans, Canada.

H) Fish Health Inspector - Person responsible for carrying out fish health inspections based on the standards approved by the Department, such as those provided for by the Fish Health Section of the American Fisheries Society and/or the New England Salmonid Health Guidelines.

Fish health inspectors shall have access to adequate laboratory facilities and qualified personnel to assure the prompt conduct of inspections, diagnosis, and reporting.

I) Fish Lot - A group of fish of the same species and age that originated from the same discrete spawning population during the same year, and are being raised on the same water source.

4. Permit Requirements -

A) A person shall not rear for sale or distribution, any species of live fish within this state without first procuring a permit from the Commissioner to do so (10 V.S.A., Chapter 119, 5207

• 5209). Persons maintaining fish in a closed rearing aquarium (no water discharge) may request exemptions (on the fish propagation application form) from the Annual Fish Health Inspection and/or the Breeders License.

B) All individuals holding a Breeders Licence for trout and/or salmon will be required to have annual fish health inspections, conducted by a qualified fish health inspector acceptable by the Department. However, persons maintaining fish in a closed rearing unit may be exempt from the annual fish health inspection. All fish lots on the facility shall be tested for VHS (Viral Hemorrhagic Septicemia), IPN (Infectious Pancreatic Necrosis), IHN Infectious Hematopoietic Necrosis), BKD (Renibacterium salmoninarum), ERM (Yersinia ruckeri), Aeromonas salmonicida (Furunculosis), Myxobolus cerebralis (Whirling disease), and other disease agents, that may be deemed necessary by the Commissioner. Fish health inspections will be scheduled by the fish health inspector.

Individuals holding a Breeders License will be responsible for providing aid to help the fish health inspector with the collection of fish during the scheduled date of the inspection.

C) Other species will be required to be inspected for those pathogens deemed necessary by the Commissioner with the approval of the Commissioner of Agriculture.

D) Sample sizes for each lot must be approved by the Department such as those provided for by the Fish Health Section of the (AFS) and/or the New England Salmonid Health Guidelines (mixed fish lots will be sampled according to the discretion of the Department.)

E) If at any time fish are found to be infected with the causative agents of VHS (Viral Hemorrhagic Septicemia), IHN (Infectious Hematopoietic Necrosis), Whirling Disease (Myxobolus cerebralis) and/or other diseases as determined by the Commissioner to be a serious threat to the fishery resources of the State of Vermont, the Commissioner shall have the authority to impose an immediate prohibition on moving any fish. During the prohibition a compliance agreement stating the appropriate procedures for the disposal of fish and the disinfection of the facility shall be determined by the Department's appropriate representative and in consultation with the owner/operator in cooperation with a non-affiliated fish health specialist. Other diseases as determined by the Commissioner, with the approval of the Commissioner of Agriculture, to be a serious threat to the fisheries resources of the State of Vermont may also result in this action.

The action shall be designed to bring the least amount of economic hardship to the affected party, while affording maximum protection to other operators, growers, and the fishery resources of the State of Vermont.

A) Application

1. The applicant for a Breeders License shall apply on a form supplied by the Department and include appropriate fee. Such forms must be complete in all respects and shall contain the following information:

a) License number

b) A description of the land or water to be utilized for propagation.

c) Information on whether the applicant is the owner or lessee of such lands or waters. If the applicant is not the owner, list the owner's name and address.

d) A map of the property and waters indicating any ingress and egress to his/her waters by public waters.

e) A map of existing and/or proposed fish rearing units, including water sources. Unit type, volume, and available water supply (gallons per minute) should be included.

f) Reason for propagating species: food fish or live sale (percent of each).

g) The complete name, common and scientific, of each fish species will be listed on the application.

h) A copy of the latest annual fish health inspection report and the fish health inspection reports of fish lots introduced to the station in the past year must be included. (See Page 2, B through E.)

i) The applicant shall sign the application.

j) A report shall be sent to the Department 30 days prior to the anniversary date of initial issuance. The report shall have an annual accounting (since submission of previous application) of all fish lots and/or eggs purchased or obtained, from who purchased or obtained, number, kind, and size of fish and/or eggs. The applicant shall sign the report. (Failure to comply will disqualify the permittee for issuance of a subsequent permit.)

2. Upon receipt of the application the Department shall, within 30 working days, investigate and determine if the information on the application is correct and approve or deny the application.

B) Issuance of Permit

1. Breeders Licenses will not be issued for: Endangered Species or Injurious Fish.

2. If the permit application is denied, the applicant may appeal to the Commissioner for a hearing pursuant to Title 3, Chapter 25.

3. Conditional permits may be issued, based on specifications and requirements set forth by the Department.

4. All Breeders Licenses shall expire on the anniversary date of initial issuance. Subsequent applications for a propagation permit will, if approved, receive the same breeders permit number assigned in the past.

6. Marking - Invoices - All persons licensed to propagate fish pursuant to this part shall provide an invoice and/or mark any box, carton, barrel, can, or other type container or wrapper containing any propagated fish with the following information:

a) Name and address of propagator, supplier, or producer

b) License number

c) Species

d) Number and/or total weight

History

• Effective Date: March 11, 1994 (Secretary of State Rule # 94-12)

Subagency 004 NATURAL RESOURCES BOARD

Chapter 052 WATER QUALITY CLASSIFICATIONS

12-052 Code Vt. R. 12-004-052-X WATER QUALITY CLASSIFICATIONS

CHAPTER 1 GENERAL POLICY

Section 01 Applicability and Definitions

A. Applicability

1. Pursuant to 10 V.S.A. Chapter 47, after the classification of any waters has been established, those waters shall be managed by the Secretary in order to obtain and maintain the classification. The Secretary may enforce a classification and these rules against any person affected thereby who, with notice of the classification, has failed to comply.

2. Concerning any application, the Water Quality Standards in effect at the time of the filing shall apply. These Water Quality Standards shall apply to those applications, including applications for the renewal of existing approvals, that are filed on or after the date upon which the amended standards become effective, and to all other activities that occur after that date. These rules shall apply to all "waters of the United States" as defined in 40 C.F.R. § 122.2 (1995). Application of these rules to waters of the United States shall not require the issuance of a state or federal permit, license, certification or approval for discharges or activities where no such permit, license, certification or approval requirement exists under applicable state or federal law, including, but not limited to, discharges and activities that satisfy the exemptions and exclusions set forth at 40 C.F.R. § 122.3 and § 232.3 (1995).

3. In the event any of these rules, or any portion thereof, is found by a court of competent jurisdiction to be illegal or void, the remainder thereof shall be deemed unaffected and shall continue in full force and effect.

4. The following exclusions apply only to artificial bodies of water that were not originally created in waters or did not result from impoundment of waters:

a. Off stream reservoirs (such as snowmaking ponds) may be subject to water level fluctuations that are necessary to achieve the purposes for which the reservoir was constructed and accordingly, shall not be required to meet the criteria of these rules impacted by water level fluctuations in the reservoir;

b. Waste treatment systems (including waste management systems constructed as part of Best Management Practices under 6 V.S.A. Chapter 215 and treatment ponds, lagoons, or wetlands created solely to meet the requirements of a permit issued for a discharge) determined to be necessary to achieve compliance with these rules shall not be required to be managed as waters under these rules.

5. Waters created exclusively by rainfall or snowmelt events, such as puddles and overland flow, that are so temporary in nature that they do not support the existing and designated uses, shall not be considered waters.

B. Definitions

For the purposes of these Water Quality Standards, the terms below shall have the following meanings unless a different meaning clearly appears from the context.

1. Accepted agricultural or silvicultural practices means those land management practices adopted by the secretary of agriculture, food and markets, and the commissioner of forests, parks and recreation, respectively, in accordance with applicable state law.

2. Act means the "Vermont Water Pollution Control Act." See , 10 V.S.A., Chapter 47.

3. Applicable water quality criteria means all criteria specified in § 3-01, as well as those specified in §§ 3-02(B), 3-03(B) and 3-04(B) that are applicable to the classification and Water Management Type of the waters in question.

4. Application means any request for a permit required by state or federal law when filed with, and deemed complete by, the reviewing authority.

5. Aquatic biota means all organisms that, as part of their natural life cycle, live in or on waters.

6. Aquatic habitat means the physical, chemical, and biological components of the water environment.

7. Assimilative capacity means a measure of the capacity of the receiving waters to assimilate wastes without lowering their quality below the applicable water quality criteria.

8. Basin plan means a plan prepared by the Secretary for each of Vermont's 17 basins (see Chapter 4 of these rules) in conjunction with the basin planning process required by the Federal Clean Water Act and 40 C.F.R. Part 130, the Act, and the provisions of § 1-02(D) of these rules.

Best management practices means a practice or combination of practices that may be necessary, in addition to any applicable Accepted Agricultural or Silvicultural Practices, to prevent or reduce pollution from nonpoint source wastes to a level consistent with the applicable provisions of these rules.

10. Biological integrity means the ability of an aquatic ecosystem to support and maintain, when consistent with reference conditions, a community of organisms that is not dominated by any particular species or functions (balanced), is fully functional (integrated), and is resilient to change or impact (adaptive), and which has the expected species composition, diversity, and functional organization.

11. Board means the Vermont Water Resources Board.

Classification means the water quality classification designated for a specific body of water in accordance with the provisions of 10 V.S.A. § 1253.

13. csm (cubit feet per second per square mile) means the streamflow from each square mile of area drained, assuming the runoff is distributed uniformly in time and area.

14. Designated use means any value or use, whether presently occurring or not, that is specified in the management objectives for each class of water as set forth in §§ 3-02(A), 3-03(A), and 3-04(A) of these rules.

15. Discharge means the placing, depositing, or emissions of any wastes, directly or indirectly, into an injection well or into waters.

16. EPA means the U.S. Environmental Protection Agency.

17. Existing discharge means any discharge to the extent authorized by a valid permit issued under the provisions of 10 V.S.A. § 1263 or § 1265 as of January 7,

19. Existing use means a use which has actually occurred on or after November 28, 1975, in or on waters, whether or not the use is included in the standard for classification of the waters, and whether or not the use is presently occurring.

20. Full support of uses, or fully support uses means the achievement of the level of water quality necessary to consistently maintain and protect existing and designated uses.

21. Functional component of the aquatic ecosystem means a portion of the aquatic biological community identified by its role in the processing of energy within the aquatic ecosystem (e.g., primary producers, predators, detritivores, etc.).

22. Groundwater means water below the land surface.

23. Indirect discharge means any discharge to groundwater, whether subsurface, land-based or otherwise.

24. Intolerant aquatic organisms means those organisms which are particularly sensitive to, and likely to be adversely affected by, the stress of pollution, flow modification or habitat alteration (e.g., mayflies and stoneflies).

25. Low median monthly flow means the median monthly flow for that month having the lowest median monthly flow.

26. Mean daily flow means the arithmetic mean of the sum of individual flow values measured over a calendar day which is representative of the total flow over that 24-hour period.

27. Median monthly flow means, for a given calendar month, the mean daily flow that is equaled or exceeded 50 percent of the time, based on a long-term record.

28. Median annual flow means that mean daily flow which is equaled or exceeded 50 percent of the time.

29. Mixing zone means a length or area within the waters of the state required for the dispersion and dilution of waste discharges adequately treated to meet federal and state treatment requirements and within which it is recognized that specific water uses or water quality criteria associated with the assigned classification for such waters may not be realized. A mixing zone shall not extend more than 200 feet from the point of discharge.

30. Natural condition means the condition representing chemical, physical, and biological characteristics that occur naturally with only minimal effects from human influences.

31. Natural flow regime means a water's characteristic variability in flow rates and water levels, annually, seasonally, and daily, without the influence of artificial flow regulation.

32. New discharge means any discharge not authorized under the provisions of 10 V.S.A. § 1263 as of January 7, 1985 or any increased pollutant loading or demand on the assimilative capacity of the receiving waters from an existing discharge that requires the issuance of a new or amended permit.

33. Nonpoint source waste means waste that reaches waters in a diffuse manner from any source other than a point source including, but not limited to, overland runoff from construction sites, or as a result of agricultural or silvicultural practices.

34. Nonpolluting waste means waste that prior to treatment does not have the potential to impair the condition of waters.

35. Permit means a certification, dam order, or other authorization in which during the application review process, compliance with the Vermont Water Quality Standards is evaluated pursuant to applicable state or federal law.

36. Point Source means any discernable, confined and discrete conveyance including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, landfill leachate collection system, vessel or other floating craft from which either a pollutant or waste is or may be discharged.

37. Public Interest means that which shall be for the greatest benefit to the people of the state as determined by the Secretary in accordance with the criteria set forth in subsection (e) of § 1253 of the Act.

38. Publicly owned treatment works means any device or system used in the storage, treatment, disposal or recycling of wastes that is owned by any governmental unit.

39. Receiving waters means all waters adjacent to a discharge, and all downstream or other waters the quality of which may be affected by that discharge.

40. Reference condition means the range of chemical, physical, and biological characteristics of waters minimally affected by human influences. In the context of an evaluation of biological indices, or where necessary to perform other evaluations of water quality, the reference condition establishes attainable chemical, physical, and biological conditions for specific water body types against which the condition of waters of similar water body type is evaluated.

Riparian vegetation means the vegetation adjacent to surface waters.

41. Riverine impoundment means a reach of river or stream subject to the backwater influence of a human-made dam with the water remaining generally within the natural channel.

42. Seven day low flow, ten year return period (7Q10) means a drought flow equal to the lowest mean flow for seven consecutive days, adjusted to nullify any effects of artificial flow regulation, that has a 10% chance of occurring in any given year.

43. Secretary means the Secretary of the Agency of Natural Resources or the Secretary's duly authorized representative.

44. Taxonomic component of the aquatic ecosystem means a portion of the biological community identified by a hierarchical classification system for identifying biological organisms that uses physical and biological characteristics (e.g., Insecta: Plecoptera: Perlidae: Agnetina capitata).

45. Tolerant aquatic organisms means organisms (e.g., midges and annelids) that, although they may be affected by the stress of pollution, flow modification or habitat alteration, are less sensitive and less likely to be adversely affected than are intolerant aquatic organisms.

46. Toxic wastes means those wastes combinations of wastes which, after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will, on the basis of available information cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological or reproductive malfunctions or physical deformations in such organisms or their offspring.

47. Waste means effluent, sewage, or any substance or material, liquid, gaseous, solid or radioactive, including heated liquids, whether or not harmful or deleterious to waters; provided however, the term "sewage" as used in 10 V.S.A. Chapter 47 shall not include the rinse or process water from a cheese manufacturing process.

48. Waste Management Zone means a specific reach of Class B waters designated by a permit to accept the discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings. Throughout the receiving waters, water quality criteria must be achieved, but increased health risks exist in a waste management zone due to the authorized discharge.

Waters include all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs and all bodies of surface waters, artificial or natural, which are contained within, flow through or border upon the State or any portion of it.

Section 02 General Policy

These rules are intended to achieve the goals of the Vermont Water Quality Policy set forth below, as well as the objective of the federal Clean Water Act ( 33 U.S.C. § 1251 et seq.) which is to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.

A. Water Quality Policy (See 10 V.S.A. § 1250)

It is the policy of the State of Vermont to:

1. protect and enhance the quality, character and usefulness of its surface waters and to assure the public health;

2. maintain the purity of drinking water;

3. control the discharge of wastes to waters, prevent degradation of high quality waters and prevent, abate or control all activities harmful to water quality;

4. assure the maintenance of water quality necessary to sustain existing aquatic communities;

5. provide clear, consistent and enforceable standards for the permitting and management of discharges;

6. protect from risk and preserve in their natural state certain high quality waters including fragile high-altitude waters, and the ecosystems they sustain;

7. manage waters to promote a healthy and prosperous agricultural community, to increase the opportunities for use of the state's forest, parks and recreational facilities, and to allow beneficial and environmentally sound development.

It is further the policy of the state to seek over the long term to upgrade the quality of waters and to reduce existing risks to water quality.

B. Water Conservation Policy

Water is a natural resource that should be managed efficiently to reduce waste through promotion of water conservation. It shall be the policy of the state to conserve the water resources of Vermont through technology, methods, and procedures designed to promote efficient use of water; to consider water conservation in all water use decisions; and to reduce or minimize the waste of water through water supply management practices.

C. Riparian Policy

The State of Vermont recognizes the importance of conserving riparian vegetation adjacent to surface waters to provide benefits that include but are not limited to:

a) shading of surface water to maintain cooler summer temperatures;

b) reducing soil loss, streambank and shoreline erosion, and sedimentation of aquatic habitat;

c) filtering sediment, nutrients, and pollutants in runoff; and

d) providing cover habitat for aquatic biota.

D. Basin Planning

1. The Secretary is required to adopt basin plans. Such plans inventory the existing and potential causes and sources of pollution that may impair the waters. Basin plans establish a strategy to improve or restore waters, and to ensure full support of uses. Basin plans serve as the guide, consistent with applicable state and federal law, for how various sources of pollution within each basin will be managed in order to achieve compliance with the Vermont Water Quality Standards and the Vermont water quality policy. The Secretary is required by state law to revise all 15 basin plans by January 1, 2000 and to complete at least one basin plan per year beginning in 1992. Basin plans shall be updated every five years.

2. As part of the basin planning process, public participation shall be sought to identify and inventory problems, solutions, high quality waters, existing uses, other water uses, and significant resources of high public interest.

3. In preparing basin plans, the Secretary shall, to the extent required by applicable law, consider all relevant aspects of approved municipal plans and regional plans adopted under 24 V.S.A. Chapter 117 and coordinate and cooperate with the Secretary of the Agency of Agriculture, Food, and Markets as provided for in 6 V.S.A. Chapter

5. Each basin plan shall identify strategies, where necessary, by which to allocate levels of pollution between various sources as well as between individual discharges. Basin plans should, to the extent appropriate, contain specific recommendations by the Secretary that include but are not limited to the identification of all known existing uses, salmonid spawning or nursery areas important to the establishment or maintenance of such fisheries, reference conditions appropriate for specific waters, any recommended changes in classification and designation of waters, schedules and funding or remediation, stormwater management, riparian zone management, and other measures or strategies pertaining to the enhancement and maintenance of the quality of waters within the basin.

6. In basins that include Class B waters which have not been allocated into one or more Water Management Types pursuant to § 3-06 of these rules, the basin plan shall propose the appropriate Water Management Type or Types based on both the existing water quality and reasonably attainable and desired water quality management goals.

7. Upon adoption of a basin plan, the Secretary shall promptly initiate rulemaking and shall give due consideration to the recommendations contained in the basin plan.

E. Hydrology Policy

1. The proper management of water resources now and for the future requires careful consideration of the interruption of the natural flow regime and the fluctuation of water levels resulting from the construction of new, and the operation of existing, dams, diversions, and other control structures. These rules, in conjunction with other applicable law, provide a means for determining conditions which preserve, to the extent practicable, the natural flow regime of waters.

2. When determining necessary streamflows or conditions necessary to further the goals of this policy through application of the applicable Agency of Natural Resources procedures or regulations, the Secretary, as provided for in 10 V.S.A. § 1003, may cooperate with appropriate federal, state, municipal, and private interests in achieving voluntary agreements relating to artificial streamflow regulation that assure consistency with these rules.

F. Classification of Waters

Existing classifications of waters shall be maintained unless reclassified in a manner consistent with the Act and in compliance with all applicable federal requirements including 40 C.F.R. § 131.10(g).

Section 03 Anti-Degradation Policy

A. General Policy

All waters shall be managed in accordance with these rules to protect, maintain, and improve water quality.

B. Determination of Existing Uses

1. General

Existing uses of waters and the level of water quality necessary to protect those existing uses shall be maintained and protected regardless of the water's classification. Determinations of what constitute existing uses of particular waters shall be made either during the basin planning process or on a case-by-case basis during consideration of an application. The use of waters to receive or transport discharges of waste shall not constitute an existing use for purposes of these rules. In making a determination of the existing uses to be protected and maintained under this section and all other sections of these rules, the Secretary shall consider at least the following factors:

a. Aquatic biota and wildlife that utilize or are present in the waters;

b. Habitat that supports existing aquatic biota, wildlife, or plant life;

c. The use of the waters for recreation or fishing;

d. The use of the water for water supply, or commercial activity that depends directly on the preservation of an existing high level of water quality; and

e. with regarding to the factors considered under paragraphs (a) and (b) above, evidence of the use's ecological significance in the functioning of the ecosystem or evidence of the use's rarity.

C. Protection and Maintenance of High Quality Waters

1. Waters the existing quality of which exceeds any applicable water quality criteria provide important environmental, economic, social and other benefits to the people of the state. Except as provided in subsection 2 of this part, such waters shall be managed to maintain and protect the higher water quality and minimize risk to existing and designated uses. In all cases, the level of water quality necessary to maintain and protect all existing uses as well as applicable water quality criteria shall be maintained.

2. A limited reduction in the existing higher quality of such waters may be allowed only when it is shown that:

a. the adverse economic or social impacts on the people of the state specifically resulting from the maintenance of the higher quality of the waters would be substantial and widespread;

b. these adverse impacts would exceed the environmental, economic, social, and other benefits of maintaining the higher water quality; and

c. there shall be achieved the highest statutory and regulatory requirements for all new or existing point sources, and all cost effective and reasonable accepted agricultural practices and best management practices, as appropriate for nonpoint source control, consistent with state law.

3. To the extent any reduction in the quality of high quality waters is allowed, such reduction shall be limited to that which is necessary to comply with subsections C(2) above.

D. Protection of Outstanding Resource Waters

The Secretary may under 10 V.S.A. § 1424a designate certain waters as Outstanding Resource Waters. Where the Secretary so designates such waters because of their water quality values, their existing quality shall, at a minimum, be protected and maintained.

Section 04 Discharge Policy

A. Discharge Criteria

In addition to the other provisions of these rules, new discharges of wastes may be allowed only when all the following criteria are met:

1. The proposed discharge is in conformance with all applicable provisions of these rules including the classification of the receiving waters adopted by the Secretary as set forth in Chapter 4 of these rules.

2. There is neither an alternative method of waste disposal, nor an alternative location for waste disposal, that would have a lesser impact on water quality including the quality of groundwater, or if there is such an alternative method or location, it would be clearly unreasonable to require its use.

3. The design and operation of any waste treatment or disposal facility is adequate and sufficiently reliable to ensure the full support of uses and to ensure compliance with these rules and with all applicable state and federal treatment requirements and effluent limitations.

4. Except as provided for in 10 V.S.A. § 1259(d) and (f), the discharge of wastes other than nonpolluting wastes and stormwater runoff is prohibited in Class A waters regardless of the degree of treatment provided.

5. Except as provided for in 10 V.S.A. § 1259, the discharge of wastes that, prior to treatment, contained organisms pathogenic to human beings into waters is prohibited.

6. The receiving waters will have sufficient assimilative capacity to accommodate the proposed discharge.

7. Assimilative capacity has been allocated to the proposed discharge consistent with the classification set forth in Chapter 4 of these rules.

8. The discharge of wastes to the thermocline or hypolimnion of any lake in manner that may prevent the full support of uses is prohibited.

9. The discharge of sewage into Class B waters shall not pose more than a negligible risk to public health. Compliance with this criterion shall include an assessment of both the level and reliability of treatment achieved and the impact of the discharge on the water quality of the receiving waters.

B. Assimilative Capacity

The capacity of waters to assimilate both the discharge of wastes and the impact of other activities that may adversely affect water quality, and at the same time to be maintained at a level of water quality that is compatible with their classification, is finite. The Secretary may hold a portion of the assimilative capacity in reserve to provide for future needs, including the abatement of future sources of pollution and future social and economic development.

Accordingly, the assimilative capacity of waters shall be carefully allocated in accordance with the "Wasteload Allocation Process" as adopted by the Secretary.

C. Compliance Schedules

A permit issued pursuant to Vermont's federally-delegated National Pollutant Discharge Elimination System (NPDES) program may, when appropriate, specify a schedule leading to compliance with the Vermont and Federal Clean Water Acts and regulations. The purpose of a schedule of compliance generally is to afford a permittee adequate time to comply with one or more permit requirements or limitations that are based on new, newly interpreted or revised water quality standards that became effective after both issuance of the initial permit for a discharge and July 1, 1977. For a permit requirement or limitation that is based on such a new, newly interpreted, or revised water quality standard, the Secretary may include a schedule of compliance in a permit at the time of permit reissuance or modification where the permittee either cannot comply with the permit requirement or limitation, or there is insufficient information available to determine whether the permittee can comply with the permit requirement or limitation. A schedule of compliance shall require compliance at the earliest possible time, as determined by the Secretary. A schedule of compliance shall include dates for specified tasks or activities leading to compliance and may include interim effluent limitations, as the Secretary deems appropriate. This provision does not limit the Secretary's authority to include compliance schedules in permits as provided by state law.

Section 05 Interpretation

The Secretary may issue declaratory rulings regarding the water quality standards pursuant to 10 V.S.A. § 1252(f).

Section 01 Sampling and Analysis

All numeric water quality criteria shall be applied by rounding to the nearest significant number in accordance with standard mathematic practice. For the purposes of these rules, sample collection, preservation, handling and analysis shall conform as closely as practicable to methods established in the most current edition or publication of any of the following sources:

(a) "Standard Methods For the Examination of Water and Wastewaters," Public Health Association, New York.

(b) "American Society for Testing and Materials," part 23, "Water; Atmospheric Analysis," American Society for Testing and Materials.

(c) "Methods for Chemical Analysis of Water and Wastes," U.S. Environmental Protection Agency.

(d) "Microbiological Methods for Monitoring the Environment - Water and Wastes," U.S. Environmental Protection Agency.

(e) The "Quality Assurance Program and Project Plan" prepared by the Secretary and as approved by EPA.

(f) Any applicable practice or procedure adopted by the Secretary under the provisions of 3 V.S.A. § 835 or any rule adopted as part of the "Vermont Water Pollution Control Permit Regulations" under the provisions of 3 V.S.A. § 836.

(g) Any applicable practices or procedures adopted by the Secretary for conducting nonpoint source pollution monitoring. Such procedures shall be adopted after public notice and comment. Until such procedures are adopted, nonpoint source pollution monitoring shall be conducted in accordance with generally accepted scientific monitoring or evaluation methodologies which the Secretary determines to be appropriate.

Section 02 Flow Values Used to Evaluate Compliance with Applicable Numeric Criteria for Rivers, Streams, Brooks, Creeks, and Riverine Impoundments

A. Natural Flow Regime

Where the natural flow regime is not altered or substantially influenced by any human-made structure or device, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value unless an alternate flow statistic is specified in Section 3-01 of these rules. This rule shall not be construed to allow less than normal design operation of any treatment facility during periods of low streamflow or to otherwise waive the terms of any permit.

B. Natural Flow Regime Altered by Human-made Structures

1. Where there is a Minimum Flow Agreement/Requirement

For waters where the natural flow regime is altered by a human-made structure and where a minimum flow agreement or requirement has been established under 10 V.S.A. § 1003, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value or at the agreed/required minimum flow, whichever is less, unless an alternative flow statistic is specified in Section 3-01 of these rules.

2. Where there is No Minimum Flow Agreement/Requirement

For waters where the natural flow regime is altered by human-made structures and where no minimum flow agreement or requirement has been established, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value or at the absolute low flow resulting from flow regulation, whichever is less, unless an alternative flow statistic is specified in Section 3-01 of these rules.

Section 03 Nonpoint Source Pollution

A. Policy

1. It is the policy of the State of Vermont to recognize that certain wastes from nonpoint sources, including but not limited to nonpoint source waste from agricultural or silvicultural practices, are of such a nature that strategies required by the Act or by 6 V.S.A. Chapter 215, and those strategies developed in the basin planning process, represent a practicable basis for achieving compliance with these rules.

2. In implementing Section 2-03(A), the Secretary and the Commissioner of the Department of Agriculture, Food and Markets are encouraged to exercise the full range of discretion authorized by the Act and 6 V.S.A. Chapter 215 and to manage discharges of nonpoint source waste in as cost-effective a manner as possible consistent with the provisions of these rules.

B. Use of Management Practices and Planning

1. The requirements of these rules for any activity causing a nonpoint source discharge shall be presumed to be satisfied when the activity:

(a) Is conducted in accordance with the Accepted Agricultural Practice Rules (6 V.S.A. Chapter 215) or, where required, agricultural best management practices; the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont; or is conducted in accordance with a best management practice (BMP) for nonpoint source wastes when the best management practice has been approved by the Board and is:

(i) Adopted as a procedure by the Secretary after public notice and the opportunity for public comment;

(ii) Filed by the Secretary with the Board along with a written request that the BMP in question be entitled to a presumption of compliance with these rules;

(iii) Accompanied by documentation adequately supporting the request. Upon receipt fo the Secretary's request, public notice of the request shall be issued by the Board and reasonable opportunity shall be afforded for public comment on the advisability of granting the Secretary's request; and

(iv) Any proposed best management practice that meets each of the above requirements shall be deemed approved on the 60th day after the date of the Board's public notice, unless prior to the 60th day, the Board either extends the period for its review or denies the Secretary's request.

(b) Is consistent with the strategy for managing nonpoint source wastes within any applicable basin plan.

2. Any presumption provided by this section shall be negated when a water quality analysis conducted according to Section 2-01(g) of these rules demonstrates that there is a violation of these rules.

Section 04 Special Zones

A. Mixing Zones

1. Designation

Mixing zones shall not be created in any Class A water. In Class B waters the Secretary may, in conjunction with the issuance of a permit, designate a specific portion of the receiving waters not exceeding 200 feet from the point of discharge as a mixing zone for any waste that has been properly treated to comply with all applicable state and federal treatment requirements and effluent limitations. Within any mixing zone the Secretary may, in accordance with the terms of a permit, waive specific provisions of §§ 1-03, 3-01, and 3-04(B) when consistent with the criteria in § 2-04(A)(2) of these rules, provided that the quality of the waters outside of the mixing zone complies with all applicable provisions of these rules.

2. Mixing Zone Criteria

The Secretary shall insure that conditions due to discharges of waste within any mixing zone shall:

a. Not result in a significant increase in public health risk when evaluated using reasonable assumptions about exposure pathways;

b. Not constitute a barrier to the passage or movement of fish or prevent the full support of aquatic biota, wildlife, and aquatic habitat uses in the receiving waters outside the mixing zone;

c. Not kill organisms passing through the mixing zone;

d. Protect and maintain the existing uses of the waters;

e. Be free from materials in concentrations that settle to form objectionable deposits;

f. Be free from floating debris, oil, scum, and other material in concentrations that form nuisances;

g. Be free from substances in concentrations that produce objectionable color, odor, taste, or turbidity; and

h. Be free from substances in concentrations that produce undesirable aquatic life or result in a dominance of nuisance species.

B. Waste Management Zones

1. Designation

The designation of waste management zones is provided for in 10 V.S.A. § 1252(b)-(d). In Class B waters the Secretary may, in conjunction with the issuance of a permit for the direct discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings, designate a specific portion of the receiving waters as a waste management zone when the criteria in subsection 2 of this section are met. Waste management zones shall not be created in any Class A water. Within such zones, all water quality criteria shall be met.

2. Waste Management Zone Criteria

The Secretary shall insure that, in addition to complying with all other applicable provisions of the statute and these rules, any waste management zone meets the following criteria:

a. It shall be the minimum length necessary to accommodate the authorized discharge;

b. It shall be consistent with the anti-degradation policy ( Section 1-03) of these rules;

c. It shall not result in significantly increased health risks when evaluated using reasonable assumptions about exposure pathways;

d. It will be located and managed so as to not result in more than a negligible increased risk to public health adjacent to or downstream of the waste management zone; and

e. It will not constitute a barrier to the passage or movement of fish or prevent the full support of aquatic biota, wildlife, and aquatic habitat uses.

Section 05 Public Water Supply

A. Designation

In accordance with 10 V.S.A. § 1252, waters that are managed for the purpose of public water supplies may be designated in Chapter 4 as Class A(2) Public Water Supplies.

B. Public Water Supply Management

In accordance with 10 V.S.A. § 1250, it is the policy of the State of Vermont that public water supplies shall be managed in a manner that assures compliance with these rules. The Secretary is encouraged to exercise the full range of discretion consistent with 10 V.S.A., Chapters 47 and 56 to manage public water supplies to achieve such compliance.

Section 01 Water Quality Criteria and Indices- General

A. Natural Influences

Waters in which one or more applicable water quality criteria are not met due to natural influences shall not be considered to be in noncompliance with respect to such criteria. In such waters, activities may be specifically authorized by a permit, provided that those activities do not further reduce the quality of the receiving waters and would comply with all other applicable criteria.

B. General Criteria

The following water quality criteria shall be achieved in all waters, regardless of their classification:

1. Temperature

a. General

The change or rate of change in temperature, either upward or downward, shall be controlled to ensure full support of aquatic biota, wildlife, and aquatic habitat uses. For the purpose of applying this criterion, ambient temperature shall mean the water temperature measured at a control point determined by the Secretary to be outside the influence of a discharge or activity.

b. Cold Water Fish Habitat

The total increase from the ambient temperature due to all discharges and activities shall not exceed 1.00F except as provided for in paragraph (d) below.

c. Warm Water Fish Habitat

The total increase from the ambient temperature due to all discharges and activities shall not exceed the temperature criteria derived from tables 1 or 2 except as provided for in paragraph (d) below:

Table 1. Lakes, Ponds, and Reservoirs not including Riverine impoundments

| Ambient temperature | Total allowable increase above ambient temperature | | --- | --- | | Above 60°F. | 1°F | | 50°F - 60°F. | 2°F | | Below 50°F. | 3°F |

Table 2. All Other Waters

| Ambient temperature | Total allowable increase above ambient temperature | | --- | --- | | Above 66°F. | 1°F. | | 63° to 66°F. | 2°F. | | 59° to 62°F. | 3°F. | | 55° to 58°F. | 4°F. | | Below 55°F. | 5°F. |

d. Assimilation of Thermal Wastes

The Secretary may, by permit condition, specify temperature limits that exceed the values specified above in order to authorize discharges of thermal wastes when it is shown that:

(1) The discharge will comply with all other applicable provisions of these rules;

(2) A mixing zone of 200 feet in length is not adequate to provide for assimilation of the thermal waste; and

(3) After taking into account the interaction of thermal effects and other wastes, that change or rate of change in temperature will not result in thermal shock or prevent the full support of uses of the receiving waters.

2. Phosphorus

a. All waters - general policy

In all waters, total phosphorous loadings shall be limited so that they will not contribute to the acceleration of eutrophication or the stimulation of the growth of aquatic biota in a manner that prevents the full support of uses,

b. Upland Streams

In addition to compliance with the general policy above, for all streams above 2,500 feet in elevation, total phosphorus shall not exceed 0.010 mg/l at low median monthly flow.

c. Lake Champlain and Lake Memprehremagog

(1) It is the policy of the State of Vermont to accomplish those net reductions in current phosphorus loadings to Lake Champlain and Lake Memphremagog that are necessary to achieve the in-lake total phosphorus concentration criteria specified in Table 3 below. To support this policy, the following requirements shall apply.

(2) In the watersheds of Lake Champlain and Lake Memprehagog, there shall be no significant increase over currently permitted phosphorus loadings. "No significant increase" may be defined by the Secretary, as part of the applicable basin plans, other applicable plans, permit limitations, or other measures to allow new or increased discharges of phosphorus, only when the permit for such discharges provides for a corresponding reduction in phosphorus loadings from other sources within the watershed of the same lake segment.

(3) All discharges into each of the lake segments identified below, or into tributaries within the basin, shall comply with the applicable basin plans, other applicable plans, permit limitations and any other measures adopted or approved by the Secretary reasonably designed to achieve the following criteria:

Table 3

| Lake Segment (See Appendix B) | Phosphorus Criterion | | --- | --- | | Lake Champlain | | | Main Lake | 0.010 mg/l as P | | Malletts Bay | 0.010 mg/l | | Burlington Bay | 0.014 mg/l | | Shelburne Bay | 0.014 mg/l | | Northeast Arm | 0.014 mg/l | | Isle La Motte | 0.014 mg/l | | Otter Creek | 0.014 mg/l | | Port Henry | 0.014 mg/l | | St. Albans Bay | 0.017 mg/l | | Missisquoi Bay | 0.025 mg/l | | South Lake A | 0.025 mg/l | | South Lake B | 0.054 mg/l | | Lake Memphremagog | | | Main Lake | 0.014 mg/l | | South Bay | 0.025 mg/l |

The above criteria shall be achieved as the annual mean total phosphorus concentration in the photosynthetic depth (euphotic) zone in central, open water areas of each lake segment.

d. Lakes, ponds, or reservoirs that have drainage areas of less than 40 square miles and a drainage area to surface area ratio of less than 500:1, and their tributaries.

(1) In addition to compliance with the general policy above, there shall be no significant increase over currently permitted phosphorus loadings. Discharges to tributaries shall not increase in-stream conditions by more than 0.001 mg/l at low median monthly flow. Indirect discharges to lakes, ponds, or reservoirs shall not increase total dissolved phosphorus as measured in the groundwater 100 feet from the mean water level of the lake, pond, or reservoir by more than 0.001 mg/l.

(2) Applicable basin plans, other applicable plans, permit limitations, and other measures adopted or approved by the Secretary, may define "no significant increase" so as to allow new or increased discharges of phosphorus, only when the permit for such discharges provides for a corresponding reduction in phosphorus loadings to the receiving waters in question.

Nitrates

a. General Policy

In all waters nitrates shall be limited so that they will not contribute to the acceleration of eutrophication, or the stimulation of the growth of aquatic biota, in a manner that prevents the full support of uses.

b. Lakes, Ponds and Reservoirs not including Riverine Impoundments

Not to exceed 5.0 mg/l as NO3-N regardless of classification.

c. All Other Waters

(1) Not to exceed 0.20 mg/l, as nitrate-nitrogen (NO3-N) at flows exceeding low median monthly flows, in Class A(1) and A(2) waters above 2,500 feet altitude, National Geodetic Vertical Datum.

(2) Not to exceed 2.0 mg/l as NO3-N at flows exceeding low median monthly flows, in Class A(1) and A(2) waters at or below 2,500 feet altitude, National Geodetic Vertical Datum.

(3) Not to exceed 5.0 mg/l as NO3-N at flows exceeding low median monthly flows, in Class B waters.

Sludge deposits or solid refuse

None

Settleable solids, floating solids, oil, grease, scum, or total suspended solids

None in such concentrations or combinations that would prevent the full support of uses.

6. Taste and Odor

None that would prevent the full support of any designated uses or existing use or have an adverse effect on the taste or odor of fish.

7. Color

None that would prevent the full support of uses.

8. Alkalinity

No change from reference conditions that would prevent the full support of the aquatic biota, wildlife, and aquatic habitat uses.

9. pH

pH values shall be maintained within the range of 6.5 and 8.5. Both the change and the rate of change in pH values shall be controlled to ensure the full support of the aquatic biota, wildlife, and aquatic habitat uses.

10. Toxic substances

a. General

Where necessary to fully support uses an existing or designated use, waters shall be managed to prevent the discharge of toxic substances in concentrations, quantities or combinations that exceed:

(1) For toxic substances that are carcinogenic, a maximum individual lifetime risk to human health greater than 10-6;

(2) For toxic substances that are noncarcinogenic, a maximum individual life time risk of no adverse effect to human health; or

(3) Acute or chronic toxicity to aquatic biota or wildlife.

b. Human health based criteria

In rivers, streams, brooks, creeks, and riverine impoundments, the human health based toxic pollutant criteria listed in Appendix C shall be applied at the median annual flow for toxic substances that are classified as known, probable, or possible human carcinogens or at the 7Q10 flow for toxic substances that are classified as threshold toxicants (not known or probable carcinogens). In all other waters, the human health based toxic pollutant criteria listed in Appendix C shall apply at all times.

c. Aquatic biota based criteria

In rivers, streams, brooks, creeks, and riverine impoundments, the aquatic biota based toxic pollutants criteria that prevent acute or chronic toxicity listed in Appendix C shall be applied at 7Q10 flows. In all other waters, the aquatic biota based toxic pollutant criteria for acute or chronic toxicity listed in Appendix C shall apply at all times.

d. Other toxic substances

Where numeric criteria for a toxic substance are not established by these rules, the Secretary may establish such criteria consistent with general policy in subsection 10 (a.) above, based on the procedures set forth in the Vermont Toxic Discharge Control Strategy (1994).

In establishing such limits the Secretary shall give consideration to the potential for bio-accumulation as well as any antagonistic or synergistic relationship that may exist between the wastes being discharged and the concentration of other wastes or constituents in the receiving waters.

In implementing these criteria, the Secretary should consider the full range of discretion authorized by the Act and apply these criteria in as cost effective a manner as possible consistent with the provisions of this subsection.

Radioactive Substances

Waters shall be managed so as to prevent the discharge of radioactive substances in concentrations, quantities or combinations that may create a significant likelihood of an adverse impact on human health or a risk of acute or chronic toxicity of aquatic biota or wildlife. Unless otherwise required by these rules, the Secretary shall determine limits for discharges containing radioactive substances based on the results of biological toxicity assessments and the appropriate available scientific data, including but not limited to:

a. The Vermont State Health Regulation, Part 5, Chapter 3 "Radiological Health," effective as of 12/10/77

b. 10 R 50, Appendix I

The discharge of radioactive substances shall not exceed the lowest limits which are reasonably achievable.

C. Hydrology Criteria

In order to effectively implement the water conservation and hydrology policies set forth in Section 1-02(E) of these rules, and to ensure full support of uses, the following hydrology criteria shall be achieved and maintained where applicable. Where there are multiple activities that affect flow in a basin, a determination of compliance with the following criteria shall include consideration of the cumulative effects of these activities.

1. Streamflow Protection

a. Class A(1) Waters - Changes from the natural flow regime shall not cause the natural flow regime to be diminished, in aggregate, by more than 5% of 7Q10 at any time;

b. Class B WMT 1 Waters - Changes from the natural flow regime, in aggregate, shall not result in natural flows being diminished by more than a minimal amount provided that all uses are fully supported; and when flows are equal to or less than 7Q10, by not more than 5% of 7Q10.

c. Class A(2) Waters and Class B Waters other than WMT1 - Any change from the natural flow regime shall provide for maintenance of flow characteristics that ensure the full support of uses and comply with the applicable water quality criteria. The preferred method for ensuring compliance with this subsection is a site-specific flow study or studies. In the absence of site specific studies, the Secretary may establish hydrologic standards and impose additional hydrologic constraints, consistent with any applicable Agency of Natural Resources rule or procedure, to ensure compliance with the requirements of this subsection.

2. Flow Study Requirements

a. Parameters for study-based, site specific streamflow protection requirements:

Site specific studies shall be sufficiently based on scientific knowledge so that the study will aid in the Secretary's consideration of appropriate site-specific flow criteria. In the case of aquatic habitat studies, those methodologies that are acceptable for determining streamflow protection requirements pursuant to this section include the Instream Flow Incremental Methodology (IFIM), as well as other comparable methods of evaluation deemed appropriate by the Secretary, provided that such evaluation complies with each of the following requirements:

(1) the methodology is tailored to provide information from which to determine the relationship between aquatic habitat and streamflow;

(2) the methodology, or the scientific evaluations upon which it is based, have been subjected to peer review and evaluation, and the results of such peer review and evaluation support the conclusion that the methodology is generally acceptable.

b. When considering proposals for developing site-specific flow criteria in conjunction with review of an application, the Secretary may first require the filing of a study plan that defines the method to be used and provides any study details that the Secretary deems necessary, and, in the case of a study designed to evaluate the relationship between aquatic habitat and streamflow, the Secretary shall make a ruling as to the acceptability of the methodology. The Secretary need not consider any flow study unless the study plans have obtained the Secretary's approval. The plan may include Agency of Natural Resources oversight during study execution and study refinement and modification as the study proceeds. The Secretary should also establish a procedure by which completeness of the evidence in support of the proposed study based flow could be determined prior to the Secretary's determination on the application. If the proposal is determined to be incomplete, or if the methodology which is employed is unacceptable to the Secretary, the Secretary shall issue a written request for the submission of additional evidence, with general instructions to the applicant as to the deficiency of the evidence previously submitted.

3. Water Level Fluctuations

a. Class A(1)/Class B WMT 1 Waters - Manipulation of the water level of lakes, ponds, reservoirs, riverine impoundments, and any other waters shall result in no more than a minimal deviation from the natural flow regime.

b. Class A(2) Class B WMT 2/Class B WMT 3 Waters - Lakes, ponds, reservoirs, riverine impoundments, and any other waters may exhibit artificial variations in water level when subject to water level management, but only to the extent that such variations ensure full support of uses.

4. High Flow Regime

a. Class A(1)/Class B WMT 1 Waters - No change from the natural flow regime that would result in more than a minimal impact upon these waters.

b. Class A(2)/Class B WMT 2/Class B WMT 3 Waters - No change from the natural flow regime that would result in runoff causing an increase in the frequency, magnitude, or duration of peak flows adversely affecting channel integrity or prevent the full support of uses.

D. Numeric Biological Indices

1. In addition to other applicable provisions of these rules and other appropriate methods of evaluation, the Secretary may establish and apply numeric biological indices to determine whether there is full support of aquatic biota and aquatic habitat uses. These numeric biological indices shall be derived from measures of the biological integrity of the reference condition for different water body types. In establishing numeric biological indices, the Secretary shall establish procedures that employ standard sampling and analytical methods to characterize the biological integrity of the appropriate reference condition. Characteristic measures of biological integrity include but are not limited to community level measurements such as: species richness, diversity, relative abundance of tolerant and intolerant species, density, and functional composition.

2. In addition, the Secretary may determine whether there is full support of aquatic biota and aquatic habitat uses through other appropriate methods of evaluation, including habitat assessments.

Section 02 Class A(1) Ecological Waters

A. Management Objectives

Managed to achieve and maintain waters in a natural condition, compatible with the following designated uses:

1. Aquatic Biota, Wildlife, and Aquatic Habitat - consistent with waters in their natural condition.

2. Aesthetics - water character, flows, water level, bed and channel characteristics, and flowing and falling waters in their natural condition.

3. Swimming and Other Primary Contact Recreation - highest quality in waters, in their natural condition with negligible risk of illness or injury from conditions that are a result of human activities.

Boating, Fishing, and Other Recreational Uses - highest quality as compatible with waters in their natural condition.

B. Water Quality Criteria for Class A(1) Ecological Waters

The following water quality criteria shall be achieved in all Class A(1) ecological waters.

Turbidity - None in such amounts or concentrations that would prevent the full support of uses, and not to exceed 10 NTU (nepholometric turbidity units) as an annual average under dry weather base-flow conditions.

2. Escherichia coli - Not to exceed a geometric mean based on at least 3 samples obtained over a 30 day period of 18 organisms /100 ml, no single sample above 33 organisms/100 ml. None attributable to the discharge of wastes.

3. Aquatic Biota, Wildlife, and Aquatic Habitat - Change from the natural condition limited to minimal impacts from human activity. Measures of biological integrity for aquatic macroinvertebrates and fish assemblages are within the range of the natural condition. Uses related to either the physical, chemical, or biological integrity of the aquatic habitat or the composition or life cycle functions of aquatic biota or wildlife are fully supported. All life cycle functions, including overwintering and reproductive requirements are maintained and protected.

4. Dissolved Oxygen - as exists in waters in their natural condition.

Section 03 Class A(2) Public Water Supplies

A. Management Objectives

Water managed for public water supply purposes to achieve and maintain waters with a uniformly excellent character and a level of water quality that is compatible with the following designated uses:

1. Aquatic Biota, Wildlife, and Aquatic Habitat - high quality aquatic biota and wildlife sustained by high quality aquatic habitat necessary to support their life-cycle and reproductive requirements.

2. Aesthetics - water character, flows, water level, and bed and channel characteristics consistently exhibiting aesthetic value.

Swimming and other primary contact recreation - in waters that pose negligible risk of illness due to conditions that are a result of human activities, but managed as necessary for consistency with use as a public water supply.

4. Boating, Fishing, and Other Recreational Uses - suitable for good quality boating, fishing, and other recreational uses.

5. Public Water Supplies - highly suited as a source for public water supply with disinfection, and filtration when necessary.

B. Water Quality Criteria for Class A(2) Public Water Supplies

The following water quality criteria shall be achieved in all Class A(2) public water supplies.

Turbidity - None in such amounts or concentrations that would prevent the full support of uses, and not to exceed 10 NTU (nepholometric turbidity units) as an annual average under dry weather base-flow conditions.

2. Escherichia coli - Not to exceed a geometric mean based on at least 3 samples obtained over a 30 day period of 18 organisms/100 ml, no single sample above 33 organisms/100 ml. None attributable to the discharge of wastes.

Aquatic Biota, Wildlife and Aquatic Habitat - Biological integrity is maintained, no change from the reference condition that would prevent the full support of aquatic biota, wildlife or aquatic habitat uses. Change from the reference condition for aquatic macroinvertebrates and fish assemblages shall not exceed moderate changes in the relative proportions of taxonomic, functional, tolerant and intolerant components. All expected functional groups are present in a high quality habitat and none shall be eliminated. All life cycle functions, including overwintering and reproductive requirements are maintained and protected. Changes in the aquatic habitat shall not exceed moderate differences from the reference condition consistent with full support of all aquatic biota and wildlife uses.

4. Dissolved Oxygen

The specified dissolved oxygen criteria for each designated fish habitat type will be considered absolute instantaneous minimum values. In addition, fluctuations above the minimum values shall be maintained as necessary to support aquatic habitat.

a. Cold Water Fish Habitat - Not less than 7 mg/l and 75% saturation at all times, nor less than 95% saturation during late egg maturation and larval development of salmonids in areas that the Secretary determines are salmonid spawning or nursery areas important to the establishment or maintenance of the fishery resource. Not less than 6 mg/l and 70% saturation at all times in all other waters designated as a cold water fish habitat.

b. Warm Water Fish Habitat

• Not less than 5 mg/l and 60% saturation at all times.

Section 04 Class B Waters

A. Management Objectives

Class B waters shall be managed to achieve and maintain a level of quality that fully supports the following designated uses:

1. Aquatic Biota, Wildlife, and Aquatic Habitat - aquatic biota and wildlife sustained by high quality aquatic habitat with additional protection in those waters where these uses were sustainable at a higher level based on Water Management Type designation.

2. Aesthetics - water character, flows, water level, bed and channel characteristics, exhibiting good aesthetic value and, where attainable, excellent aesthetic value based on Water Management Type designation.

3. Public water supply

• Suitable for use as a source for a public water supply with filtration and disinfection.

4. Irrigation of crops and other agricultural uses - suitable, without treatment, for irrigation of crops used for human consumption without cooking and suitable for other agricultural uses.

5. Swimming and other primary contact recreation - suitable for swimming and other forms of water based recreation where sustained direct contact with the water occurs and, where attainable, suitable for these uses at very low risk of illness based on Water Management Type designation.

6. Boating, fishing and other recreational uses - Suitable for these uses with additional protection in those waters where these uses are sustainable at a higher level based on Water Management Type designation.

B. Water Quality Criteria for Class B waters

In addition to the criteria specified in § 3-01 of these rules, the following criteria shall be met in all Class B waters:

1. Turbidity - The following criteria shall be achieved:

a. In Cold Water Fish Habitat waters - None in such amounts or concentrations that would prevent the full support of uses, and not to exceed 10 NTU (nepholometric turbidity units) as an annual average under dry weather base-flow conditions; and

b. In Warm Water Fish Habitat waters - None in such amounts or concentrations that would prevent the full support of uses, and not to exceed 25 NTU (nepholometric turbidity units) as an annual average under dry weather base-flow conditions.

2. Dissolved Oxygen -

The specified dissolved oxygen criteria for each designated fish habitat type will be considered absolute instantaneous minimum values. In addition, fluctuations above the minimum values shall be maintained as necessary to support aquatic habitat.

a. Cold Water Fish Habitat waters - Not less than 7 mg/l and 75% saturation at all times, nor less than 95% saturation during late egg maturation and larval development of salmonids in areas that the Secretary determines are salmonids spawning or nursery areas important to the establishment or maintenance of the fishery resource. Not less than 6 mg/l and 70% saturation at all times in all other waters designated as a cold water fish habitat, and

b. Warm Water Fish Habitat waters - Not less than 5 mg/l and 60% saturation at all times.

3. Escherichia coli -

In all Class B waters - Not to exceed 77 organisms/100 ml. The Secretary may, by permit condition, waive compliance with this criterion during all or any portion of the period between October 31 and April 1, provided that a health hazard is not created. The Secretary shall provide written notice to the Vermont Department of Health prior to issuing a permit waiving compliance with the Escherichia coli criterion.

4. Aquatic Biota, Wildlife and Aquatic Habitat - No change from the reference condition that would prevent the full support of aquatic biota, wildlife, or aquatic habitat uses. Biological integrity is maintained and all expected functional groups are present in a high quality habitat. All life-cycle functions, including overwintering and reproductive requirements are maintained and protected. In addition, the following criteria shall be achieved:

a. In Water Management Type One waters - change from the reference condition for aquatic macroinvertebrate and fish assemblages shall be limited to minor changes in the relative proportions of taxonomic and functional components; relative proportions of tolerant and intolerant components are within the range of the reference condition. Changes in the aquatic habitat shall be limited to minimal differences from the reference condition consistent with the full support of all aquatic biota and wildlife uses.

b. In Water Management Type Two waters - change from the reference condition for aquatic macroinvertebrate and fish assembledges shall be limited to moderate changes in the relative proportions of tolerant, intolerant, taxonomic, and functional components. Changes in the aquatic habitat shall be limited to minor differences from the reference condition consistent with the full support of all aquatic biota and wildlife uses.

c. In Water Management Type Three waters - change from the reference condition for aquatic macroinvertebrate and fish assemblages shall be limited to moderate changes in the relative proportions of tolerant, intolerant, taxonomic, and functional components. Changes in the aquatic habitat shall be limited to moderate differences from the reference condition consistent with the full support of all aquatic biota and wildlife uses. When such habitat changes are a result of hydrological modification or water level fluctuation, compliance may be determined on the basis of aquatic habitat studies.

d. In all other Class B waters - no change from reference conditions that would have an undue adverse effect on the composition of the aquatic biota, the physical or chemical nature of the substrate or the species composition or propagation of fishes.

5. Aesthetics - The following criteria shall be achieved:

a. In Water Management Type One waters - consistently exhibit excellent aesthetic values;

b. In Water Management Type Two waters - consistently exhibit very good aesthetic values;

c. In Water Management Type Three waters - seasonal and temporal variability may be allowed provided that good aesthetics value is achieved;

d. In all other Class B waters - water of quality that consistently exhibits good aesthetic value.

6. Boating - The following criteria shall be achieved:

a. In Water Management Type One waters - to the full extent naturally feasible without degradation due to artificial flow and water level management or artificial physical impediments;

b. In Water Management Type Two waters - to the extent naturally feasible with no more than minor degradation due to artificial flow and water level management or artificial impediments, and with appropriate mitigation for artificial physical impediments;

c. In Water Management Type Three waters - to the extent feasible, and with appropriate mitigation for artificial physical impediments;

d. In all other Class B waters - a high level of quality that is compatible with boating.

Section 05 Fish Habitat Designation

To provide for the protection and management of fisheries, the waters of the State are designated in Appendix A as being either a cold or a warm water fish habitat. Where appropriate, such designations may be seasonal.

Section 06 Water Management Types

A. Purpose

To provide for the protection and management of Class B waters in a manner that more explicitly recognizes their attainable uses and the level of water quality protection already afforded under the anti-degradation policy (see § 1-03 of these rules), all Class B waters shall eventually be designated as being either Water Management Type 1, Type 2 or Type 3. Such Water Management Type designations shall be made by amending these rules in accordance with the provisions of applicable law and the provisions of subsection B below. Until waters are designated as a specific Water Management Type, the criteria based on such designations shall not apply.

B. Water Management Type Designation Process

The Board may increase or decrease the level of protection for a designated use in Class B Waters only when it is shown that:

1. the current level of protection is not in the public interest after giving due consideration to the provisions of 10 V.S.A. § 1253(e);

2. the proposed level of protection is appropriate after consideration of any recommendations of any Basin plan that pertains to the waters in question; and

3. the proposed level of protection is in compliance with all applicable federal requirements, including 40 CFR Section 131.10(g).

Section 01 Classification of the Batten Kill Walloomsac and Hoosic Basin Basin 1

All waters within this basin are Class B except as provided for below:

A. Batten Kill

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | An unnamed tributary to Bromley Brook | A2 | 6/30/64 | 0.5 mile |

Description

Village of Manchester water supply. (No longer used). The first unnamed tributary to Bromley Brook and all waters within its watershed upstream of the Manchester Water Co. intake. The tributary is the first tributary on the right upstream of Bromley Brook's confluence with Bourn Brook. The intake is approximately 0.5 mile upstream of its juncture with Bromley Brook.

B. Walloomsac River

| Basin Brook and Furnace Brook | A2 | 12/23/52 | 5.0 miles | | --- | --- | --- | --- |

Village of North Bennington water supply. Basin Brook and all waters within its watershed to and including the North Bennington Reservoir in the Towns of Glastenbury and Shaftsbury. (Furnace Brook is not a water supply).

| Bolles Brook | A2 | 7/1/71¹ | 5.3 mile | | --- | --- | --- | --- |

Village of Bennington water supply. That portion of Bolles Brook and all waters within its watershed in the Towns of Glastenbury and Woodford upstream of the Bennington water intake.

| Sucker Pond (Lake Hancock) & tributaries | A2 | 12/23/52 | 70 acres | | --- | --- | --- | --- |

Village of Bennington water supply. Lake surface and all waters within its watershed in Stamford.

| Barney Brook | A2 | 7/1/71¹ | 1.3 mile | | --- | --- | --- | --- |

Village of Bennington water supply. That portion of Barney Brook and all waters within its watershed in the Town of Woodford upstream of the water intake.

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Unnamed tributary to Cold River | A2 | 2/17/61 | 1.0 miles |

Village of Bennington water supply. That a portion tributary to South Stream and all waters within its watershed in the Town of Woodford upstream of the water intake in Bennington.

C. Hoosic River

| Roaring Branch | A2 | 7/1/71¹ | 2.3 miles | | --- | --- | --- | --- |

Town of Bennington Water supply. That portion of Roaring Branch and all waters within its watershed in the Town of Stamford upstream of the water intake in Pownal.

| Unnamed tributaries | A2 | 3/6/59 | 2.9 miles | | --- | --- | --- | --- |

Village of Pownal water supply. That portion of unnamed tributaries and their watersheds on Mann Hill in the Town of Pownal upstream of the water intake in Oak Hill Cemetery.

| Unnamed tributaries (Reservoir Hollow Brook and Ladd Brook)² | A2 | 3/6/59 | (a) 0.8 miles (b) 1.5 miles | | --- | --- | --- | --- |

Village of North Pownal water supply.

(a) Reservoir Hollow Brook and reservoir and all waters within its watershed. (Reservoir is approx. 0.5 mile upstream of the Hoosic River).

Village of Pownal water supply.

(b) Ladd Brook and all waters within its watershed in the Town of Pownal.

D. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record | | --- | --- | --- | --- |

Section 02 Classification of the Poultney-Mettawee Basin Basin 2

All waters within this basin are Class B except as provided for below:

A. Poultney River

| Unnamed Tributary to Tenney Brook | A2 | Legis.¹ | 1.1 miles | | --- | --- | --- | --- |

Description

Village of Fair Haven water supply. Inman Pond and all waters within its watershed in Fair Haven.

| Young's Brook | A2 | 2/17/61 | 2.0 miles | | --- | --- | --- | --- |

Village of Fair Haven water supply. Sucker Creek and all waters within its watershed upstream of the Howard Dam and Sheldon Dam, both of which are located in Fair Haven.

B. Entire Basin

| Bolles Brook | A2 | 7/1/71¹ | 5.3 miles | | --- | --- | --- | --- |

Section 03 Classification of the Otter Creek Basin Basin 3

All waters within this basin are Class B except as provided for below:

A. Upper Otter Creek

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Unnamed tributary to Cold River | A2 | 2/17/61 | 2.0 miles |

Description

City of Rutland water supply. Unnamed tributary to Cold River and all waters within its watershed upstream of its diversion into the Mendon Brook watershed in Sherburne.

| Mendon Brook | A2 | 2/17/61 | 6.0 miles | | --- | --- | --- | --- |

City of Rutland water supply. Mendon Brook and all waters within its watershed upstream of the water intake just south of Meadow Lake Drive in the Town of Mendon.

| Tenney Brook | A2 | 2/17/61 | 2.0 miles | | --- | --- | --- | --- |

Rutland-Mendon Town water supply. Tenney Brook and all waters with its watershed upstream of and including a small intake impoundment.

| Rutland City Reservoir | A2 | Legis.¹ | No Record | | --- | --- | --- | --- |

City of Rutland water supply. Rutland City Reservoir in Rutland Town and all waters within its watershed in Rutland Town and Mendon.

| Moon Brook | A2 | Legis¹ | 2.0 miles | | --- | --- | --- | --- |

Rutland-Mendon F.D. #2 water system. (Gleason Road System - now abandoned.) Moon Brook and all waters within its watershed in Mendon upstream of and including a small intake impoundment.

| Unnamed Tributary to Tenney Brook | A2 | Legis.¹ | 1.1 miles | | --- | --- | --- | --- |

Rutland F.D. #2 (Gleason Road) water system. Unnamed tributary to Tenney Brook and all waters within its watershed in Mendon upstream of the water intake.

| Young's Brook | A2 | 2/17/61 | 2.0 miles | | --- | --- | --- | --- |

Village of West Rutland water supply. (No longer used). Young's Brook and reservoir and all waters within its watershed in West Rutland and Ira upstream of the water intake.

| Furnace Brook and Kiln Brook | A2 | 2/17/61 | 5.5 miles | | --- | --- | --- | --- |

Village of Proctor water supply. (Kiln Brook in the main source, with Furnace Brook used as a backup). Furnace Brook and Kiln Brook and all waters within their watersheds in Chittenden upstream of their confluence.

| Sugar Hollow Brook | A2 | 2/17/61 | 2. 0 miles | | --- | --- | --- | --- |

Town of Brandon water supply. (No longer used). Sugar Hollow Brook and all waters within its watershed in Goshen and Chittenden upstream of the water intake.

| Leicester Hollow Brook | A2 | 2/17/61 | 2.0 miles | | --- | --- | --- | --- |

Town of Brandon Water Supply. (No longer used). Leicester Hollow Brook and all waters within its watershed in Leicester upstream of the water intake.

B. Lower Otter Creek

| Brandy Brook | A2 | 11/13/61 | 1.0 miles | | --- | --- | --- | --- |

Now or former water supply for Breadloaf School. Brandy Brook and all waters within its watershed.

| Unnamed tributary to Beaver Meadow Brook | A2 | 11/13/61 | 1.3 miles | | --- | --- | --- | --- |

Village of Bristol water supply. Unnamed tributary to Beaver Meadow Brook and all waters within its watershed upstream of the water intake in Lincoln.

| Unnamed tributary to Lewis Creek | A2 | 7/1/71¹ | 2.0 miles | | --- | --- | --- | --- |

Village of Starksboro water supply. (No longer used). Unnamed tributary to Lewis Creek and all waters within its watershed in Starksboro upstream of the water intake.

| Two unnamed tributaries to Little Otter Creek | A2 | 7/1/71¹ | 1.6 and 1.4 miles | | --- | --- | --- | --- |

City of Vergennes water supply. (Not used since 1973). Two unnamed tributaries to Little Otter Creek and all waters within their watersheds in Monkton and Bristol upstream of two water intakes.

| Notch Brook | A2 | 11/13/61 | 2.0 miles | | --- | --- | --- | --- |

Village of Middlebury water supply. (Reserved for emergency use). Notch Brook and all waters within its watershed upstream of the water intake in Bristol.

| Roaring Brook | A2 | 7/1/71¹ | 3.3 miles | | --- | --- | --- | --- |

Wallingford F.D. #1 water supply. Roaring Brook and all waters within its watershed upstream of the water intake.

C. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum unless specifically classified as A(2) above. | A1 | 5/17/86 | No record | | --- | --- | --- | --- |

Section 04 Classification of the Southern Champlain Basin (Basin #4)

All waters within this basin at or below 2,500 feet altitude National Geodetic Vertical Datum are Class B. All waters within this basin above 2,500 feet altitude, National Geodetic Vertical Datum, are Class A. No other waters are Class A.

Section 05 Classification of the Northern Champlain Basin Basin #5

All waters within this basin are Class B except as provided for below:

A. Lake Champlain Including Minor Tributaries

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Milton Pond | A2 | 3/21/68 | 20 acres (Pond only) |

Description

Village of Milton water supply (No longer used). Milton Pond and all waters within its watershed in Milton.

| Indian Brook Reservoir | A2 | 3/21/68 | 95 acres (Reservoir only) | | --- | --- | --- | --- |

Former Essex Town water supply (No longer used - sold to developer). Indian Brook Reservoir and all waters within its watershed in Essex Town.

| Colchester Pond | A2 | 3/21/68 | 93 acres (Pond only) | | --- | --- | --- | --- |

Village of Colchester water supply. (Not used since 1974, but reserved for emergency use). Colchester Pond and all waters within its watershed in the Town of Colchester.

B. St. Albans Bay

| Mill River | A2 | 6/28/54¹ | 62 acres (Reservoir only) | | --- | --- | --- | --- |

City of St. Albans water supply. Two reservoirs which drain to the Mill River and all waters within their watersheds in the Towns of Fairfax, St. Albans, and Fairfield.

C. Entire Basin

| All waters located above 2,500 feet altitude National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No Record | | --- | --- | --- | --- |

Section 06 Classification of the Missisquoi Basin (Basin 6)

All waters within this basin are Class B except as provided for below:

A. Missisquoi River

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Mountain Brook | A2 | 5/28/70 | 1.6 and 1.1 miles |

Description

Village of North Troy water supply. (Reserved for emergency use). Mountain Brook and a tributary and all waters within their watersheds upstream of two separate water intakes in Jay.

| Coburn Brook Reservoir and tributaries | A2 | 5/28/70 | 2.0 miles | | --- | --- | --- | --- |

Village of North Troy water supply. (Reserved for emergency use). Coburn Brook and Coburn Brook Reservoir in Westfield and all waters within their watersheds upstream of the water intake in Coburn Brook.

| Unnamed tributary to Trout River | A2 | 5/28/70 | 0.6 mile | | --- | --- | --- | --- |

Village of East Bershire water supply. Unnamed tributary to the Trout River in Enosburg and all waters within its watershed upstream of the water intake.

| Hannah Clark Brook | A2 | 5/28/70 | 4.0 miles | | --- | --- | --- | --- |

Village of Montgomery Ctr. water supply. (Reserved for emergency use). Hannah Clark Brook in Montogmery and all waters in its watershed upstream of the water intake.

| Stanhope Brook | A2 | 5/28/70 | 5.0 miles | | --- | --- | --- | --- |

Village of Richford water supply. Stanhope Brook in Richford and all waters in its watershed upstream of the water intake.

| Trout Brook | A2 | 5/28/70 | 2.0 miles | | --- | --- | --- | --- |

Village of Enosburg Falls water supply. (Reserved for emergency use). Trout Brook in Berkshire and all waters within its watershed upstream of the outlet of Enosburg Reservoir.

| Loveland Brook | A2 | 7/1/71¹ | 2.0 miles | | --- | --- | --- | --- |

Village of Richford water supply. Loveland Brook in Richford and all waters within its watershed upstream of the water intake.

| Black Falls Brook | A2 | 7/1/71¹ | 5.0 miles | | --- | --- | --- | --- |

Village of Montgomery Ctr. (Reserved for emergency use). Black Falls Brook in Montgomery and Richford and all waters within its watershed upstream of the water intake.

B. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No Record | | --- | --- | --- | --- |

Section 07 Classification of Lamoille Basin Basin 7

All waters within this basin are Class B except as provided for below:

A. Lamoille River

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Smith Brook | A2 | 7/1/71¹ | 1.6 miles |

Description

Village of Johnson water supply. Smith Brook in Johnson and all waters in its watershed upstream of the water intake.

| French Hill Brook | A2 | 7/1/71¹ | 2.4 miles | | --- | --- | --- | --- |

Village of Johnson water supply. French Hill Brook in Johnson and all waters in its watershed upstream of the water intake.

| Silver Lake | A2 | 2/13/70¹ | 30 acres (lake only) | | --- | --- | --- | --- |

City of St. Albans water supply. Silver Lake and all waters in its watershed in the Towns of Georgia and Fairfax.

| Unnamed Tributary to the Lamoille River | A2 | 7/1/71¹ | 1.0 mile | | --- | --- | --- | --- |

Village of Hardwick water supply. (No longer used). Unnamed tribtuary to the Lamoille River and all waters in its watershed in Hardwick upstream of the water intake.

| Unnamed Tributary to the Lamoille River | A2 | 7/1/71¹ | 0.1 mile | | --- | --- | --- | --- |

Village of Fairfax water supply. (No longer used). Unnamed tributary to the Lamoille River and all waters in its watershed in Fairfax upstream of the water intake.

B. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/27/86 | No record | | --- | --- | --- | --- |

Section 08 Classification of the Winooski Basin Basin 8

All waters within this basin are Class B except as provided for below:

A. Lower Winooski River

| Waters | Class | Date | Approx. Miles/acres | | --- | --- | --- | --- | | Unnamed tributary to Alder Brook | A2 | 6/6/69¹ | 0.4 mile |

Description

Former water supply for Winooski, Essex Center, Essex Jct., & Pinewood Manor (No longer used). Unnamed tributary and all waters within its watershed in Essex.

B. Middle Winooski River

| Unnamed tributaries to Brook. Formerly "Thatcher Brk & tribs" | A2 | 5/14/63 | 2.5 miles | | --- | --- | --- | --- |

Village of Waterbury water supply. Unnamed tributaries to Thatcher Brook (Known locally as Tyler & Miriam Brooks).

| Unnamed tributary to the West Branch of the Little River | A2 | 7/1/71¹ | 1.3 miles | | --- | --- | --- | --- |

Village of Stowe water supply. (Reserved for emergency use). An unnamed tributary to the West Branch of the Little River and all waters within its watershed in Stowe to the water intake.

C. Stevens Branch

| Martin Brook, Reservoir & Tributaries | A2 | 8/7/69 | 3.5 miles | | --- | --- | --- | --- |

City of Barre water supply. (Reserved for emergency use). Martin Brook in Williamstown and all waters within its watershed, including unnamed tributaries, to the water intake.

| Bolster Reservoir and tributaries | A2 | 8/7/62 | 2.0 acres (Res.) & 2.2 miles (tribs). | | --- | --- | --- | --- |

Old City of Barre water supply. (It has been disconnected). Bolster Reservoir in South Barre and all waters within its watershed including Bolster Reservoir Brook, Pecks Pond and unnamed tributaries.

| Thurman W. Dix Reservoir Lower Reservoir & tributaries | A2 | 8/7/62, | 119 acres & 9.9 miles | | --- | --- | --- | --- |

City of Barre water supply. Thurman W. Dix Reservoir, Lower Reservoir and all waters within their watersheds in the Towns of Barre and Orange including Orange Brook, Nelson Brook, Nate Smith Brook and unnamed tributaries.

| Unnamed brook & tributaries | A2 | 8/7/62 | 1.4 miles | | --- | --- | --- | --- |

Old Village of East Barre water supply. (Reserved for emergency use). Unnamed brook and tributaries in the Town of Barre and all waters within their watersheds to the water intake.

| Little John & Milne quarries | A2 | 8/7/62 | No Record | | --- | --- | --- | --- |

Emergency Barre Town District #1 water supply for Village of East Barre. (Milne Quarry no longer used). Little John Quarry in Barre Town (Located just south of East Barre Village, at approx. elev. 1380').

| Standard & Consolidated Quarries | A2 | 8/7/62 | No Record | | --- | --- | --- | --- |

Barre Town District #3 water supply for Websterville. Quarry Hole #1 in the Town of Barre located at approx. elev. 1420'.

Websterville emergency water supply. Location of quarry unknown.

| Old Granite Quarry | A2 | 8/7/62 | No Record | | --- | --- | --- | --- |

Town of Barre Fire District #4 water supply. Standard Quarry in the Town of Barre is the quarry referred to. It is located at approx. elev. 1530'. Note: All quarry holes in the Websterville/Graniteville area should be considered as reservoirs. The primary sources are springs and wells. When the wells and springs are overflowing, they are piped to the Standard Quarry. When Standard is full, it goes to the Barclay Quarry, then to the Murphy & Saldi quarries, all by gravity.

| Berlin Pond | A2 | 8/7/62 | 256 acres | | --- | --- | --- | --- |

City of Montpelier water supply. Berlin Pond upstream of the dam and all waters within its watershed in the Towns of Berlin, Northfield, and Williamstown. The dam is located 300' downstream of where Paine Turnpike crosses the pond.

D. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record | | --- | --- | --- | --- |

Section 09 Classification of the White River Basin Basin 9

All waters within this basin are Class B except as provided for below:

A. White River

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Farnsworth Brook | A2 | 12/28/77 | 2.0 miles |

Description

Village of East Braintree public water supply. Farnsworth Brook and all waters within its watershed in the Town of Braintree upstream of the water intake.

| Lake Casper & Lake John | A2 | 12/28/77 | No Record | | --- | --- | --- | --- |

Village of South Royalton and F.D. #1 water supply. Lake Casper and Lake John and all waters within their watersheds in the Town of Royalton.

B. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No Record | | --- | --- | --- | --- |

Section 10 Classification of the Ottauquechee-Black Basin Basin 10

All waters within this basin are Class B except as provided for below:

A. Ottauquechee River

| Water | Class | Date | Approx. miles/acres | | --- | --- | --- | --- | | Spring and unnamed tributary to the Ottauquechee River | A2 | 11/16/67 | 0.3 miles |

Description

Village of North Hartland water supply. (Reserved for emergency use). A spring and unnamed tributary to the Ottauquechee River and all waters within its watershed upstream of the water intake. The spring and brook are located approx. 1 mile north-northwest of North Hartland Village.

| Cox, Vandell and Carlton Hill Reservoirs | A2 | 11/16/67 | Approx. 2.5 miles (Stream only) | | --- | --- | --- | --- |

Village of Woodstock water supply. (Private. Reserved for emergency use. Carlton Hill no longer in the system). Cox, Vandell and Carlton Hill Reservoirs in the Town of Woodstock and all waters within their watersheds.

| Grant Brook (Off Jewell Brook) | A2 | 3/30/66 | Approx. 3.2 | | --- | --- | --- | --- |

Village of Ludlow water supply. (No longer in use). Grant Brook and all waters within its watershed upstream of the flood control dam.

B. Black River

| Springfield Reservoir Brook | A2 | 3/30/66 | 1.8 miles | | --- | --- | --- | --- |

Village of Springfield water supply. (Reserved for emergency use). Springfield Reservoir Brook and tributaries and all waters in its watershed upstream of Springfield Reservoir.

| Springfield Reservoir and tributaries | A2 | 3/30/066 | 9.8 acres | | --- | --- | --- | --- |

Village of Springfield water supply. (Reserved for emergency use). Springfield Reservoir all waters within its watershed.

C. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above | A1 | 5/17/86 | No Record | | --- | --- | --- | --- |

Section 11 Classification of the West-Williams-Saxtons Basin Basin 11

All waters within this basin are Class B except as provided for below:

A. West-Williams-Saxtons River

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Sunset Lake & Stickney Brook | A2 | 7/26/78 | 3.0 sq. miles |

Description

Town of Brattleboro water supply. Sunset Lake and Stickney Brook and all waters in their watersheds above the water intake in the Towns of Marlboro, Newfane, and Brattleboro. (Water intake is located at the so-called third dam, a distance of approx. 2.5 miles from Sunset Lake).

| Styles Brooks | A2 | 7/26/78 | 1.0 sq. miles | | --- | --- | --- | --- |

Stratton Corp. water supply. (Reserved for emergency use). Styles Brook and all waters in its watershed above the diversion to Styles Reservoir.

| Chester Reservoir & the outlet stream above the water intake. | A2 | 7/26/78 | 1.0 sq. miles | | --- | --- | --- | --- |

Village of Chester water supply. (Reserved for emergency use). Chester Reservoir, the outlet stream above the water intake and all waters within their watersheds in the Town of Chester. The water intake is approx. 0.3 mile below the reservoir.

| Bolles Brook | A2 | 7/26/78 | 1.0 sq. miles | | --- | --- | --- | --- |

Village of Saxtons River & Vermont Academy water supply. (Reserved for emergency use). Bolles Pond Brook and all waters in its watershed above the water intake in the Town of Rockingham.

| Kidder Brook & tributaries | A1 | 10/11/89 | Approx. 2.5 miles | | --- | --- | --- | --- |

That portion of Kidder Brook and all its headwaters, including named and unnamed tributaries, beginning in the Town of Stratton at an elevation of 2,500 feet and continuing downstream to its confluence with the North Branch in the Town of Jamaica.

| Cobb Brook | A1 | 10/09/91 | Approx. 6.0 miles | | --- | --- | --- | --- |

That portion of Cobb Brook and its tributaries beginning in the Town of Windham at an elevation of 2,500 feet and continuing downstream to its confluence with the West River in the Town of Jamaica.

| Upper Reach of the Winhall River | A1 | 10/09/91 | 7.4 miles | | --- | --- | --- | --- |

That portion of the upper reach of the Winhall River including the river's two principal headwaters, beginning at an elevation of 2,500' in the Town of Stratton, and continuing downstream a distance of approx. 7.4 miles to the point at which the river crosses the current boundary of the Green Mountain National Forest in the Town of Winhall.

B. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record | | --- | --- | --- | --- |

Section 12 Classification of the Deerfield Basin Basin 12

All waters within the basin are Class B except as provided for below:

A. Deerfield River

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Haystack Pond | A2 | 1/27/61 | 36 acres |

Description

Village of Wilmington water supply. Haystack Pond and all waters within its watershed in the Town of Wilmington.

| Howe Pond and Howe Pond Brook | A2 | 1/27/61 | 62 acres | | --- | --- | --- | --- |

Village of Readsboro water supply. Howe Pond and all waters within its watershed. Howe Pond Brook and all waters within its watershed above the water intake, which is located approx. 1.1 miles downstream from Howe Pond. Both pond and brook are located in the Town of Readsboro.

| Cold Brook | A1 | 10/7/96 | 1.5 miles | | --- | --- | --- | --- |

That portion of Cold Brook and its tributaries between an elevation of 2,500 feet and continuing downstream to its confluence with Mountain Brook in the Town of Dover.

B. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record | | --- | --- | --- | --- |

Section 13 Classification of the Lower Connecticut Basin Basin 13

All waters within this basin are Class B except as provided for below:

A. Lower Connecticut River

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Back Pond | A2 | 3/21/68 | 2.0 acres |

Description

Village of Bellows Falls water supply. Back Pond and all water within its watershed, which is diverted to Minards Pond. Back Pond is located .1 mile north-west of Minards Pond in the Town of Rockingham.

| Ellis Brook | A2 | 7/1/71¹ | 246 acres (watershed) | | --- | --- | --- | --- |

Village of Bellows Falls water supply. Ellis Brook and all waters in its watershed above the water intake, which is situated at elev. 715' MSL in the Town of Rockingham.

| Farr Brook | A2 | 7/1/71¹ | 154 acres (watershed) | | --- | --- | --- | --- |

Village of Bellows Falls water supply. Farr Brook and all waters in its watershed above the water intake, which is located at elev. 710' MSL in the Town of Rockingham.

| Unnamed tributary to Mill Brook | A2 | 7/1/71¹ | 1.7 miles | | --- | --- | --- | --- |

Village of Ascutney water supply. (Reserved for emergency use). Unnamed tributary to Mill Brook and all waters in its watershed above the water intake. The unnamed tributary is the first tributary to Mill Brook in the Town of Weathersfield.

| Pleasant Valley Reservoir | A2 | 3/21/68¹ | 25 acres | | --- | --- | --- | --- |

Village of Brattleboro water supply. Pleasant Valley Reservoir and all waters in its watershed in the Town of Brattleboro. (Also refer to the classification of Sunset Lake & Stickney Brook - Basin #11)

| Mill Brook | A2 | 3/21/68¹ | Approx. 3.0 miles | | --- | --- | --- | --- |

Kurn Hattin School water supply. (Reserved for emergency use). Mill Brook and all water within its watershed above the water intake in the Town of Westminster. The intake is located approx. 1.0 miles upstream of its confluence with the Connecticut River.

| Wright, Upper Hurriance & Lower Hurricane Reservoir | A2 | 7/1/71¹ | 10.4 acres | | --- | --- | --- | --- |

Hartford Town water supply. Wright, Upper Hurricane and Lower Hurricane Reservoirs and all waters within their watersheds in the Town of Hartford.

B. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above | A1 | 5/17/86 | No record | | --- | --- | --- | --- |

Section 14 Classification of the Stevens-Wells-Waits-Ompompanoosuc Basin Basin 14

All waters within this basin are Class B except as provided for below:

A. Waits River

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Mill Pond Brook | A2 | 2/19/60 | 3.0 miles |

Description

Village of Bradford water supply. (Reserved for emergency use). Mill Pond Brook and all waters within its watershed above the intake dam in the Towns of Fairlee, Bradford and West Fairlee.

| Artificial impoundment on South Peacham Hollow Brook | A2 | 4/28/76¹ | No record | | --- | --- | --- | --- |

Peacham Fire District #1 water supply. (The intake has been removed, and the town has gone to wells. No record of system anymore). An artificial impoundment on South Peacham Hollow Brook, and all waters within its watershed above the intake. The impoundment is located approx. 1/2 mile east of Fosters Road in the Town of Peacham.

B. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record | | --- | --- | --- | --- |

Section 15 Classification of the Passumpsic Basin Basin 15

All waters within this basin are Class B except as provided for below:

A. Passsumpsic River

| Waters | Class | Date | Approx. miles/acres | | --- | --- | --- | --- | | Unnamed tributary to Miller Run including Mathewson Reservoir | A2 | 4/28/76¹ | Approx. 1.5 miles |

Description

Village of Lyndonville water supply. (Reserved for emergency uses). Unnamed tributary to Miller Run including Mathewson Reservoir and all waters within their watersheds above the intake in the Towns of Lyndon and Sutton.

| Unnamed tributary to Miller Run including Copeland Reservoir | A2 | 4/28/76¹ | Approx 1.5 miles | | --- | --- | --- | --- |

Village of Lyndonville water supply. (Reserved for emergency uses). Unnamed tributary to Miller Run including Copeland Reservoir and all waters within their watersheds above the intake in the Towns of Lyndon and Sutton.

| Two unnamed tributaries to Sutton River | A2 | 4/28/76¹ | Approx. 0.8 mile | | --- | --- | --- | --- |

Unknown water supply. Two unnamed tributaries to the Sutton River, near W. Burke, and all waters within their watersheds above the Murray water system intakes.

| Chandler Pond | A2 | 4/28/76¹ | 59 acres | | --- | --- | --- | --- |

Lyndonville Village water supply. (Reserved for emergency use) Chandler Pond and all waters within its watershed in the Town of Wheelock. Wheelock Pond drains to the South Wheelock Branch.

| Woodworth Reservoir | A2 | 4/28/76¹ | No Record | | --- | --- | --- | --- |

Lyndonville water supply. (Reserved for emergency use) Woodworth Reservoir and all waters within its watershed in the Town of Lyndon. Woodworth Reservoir flows to the South Wheelock Branch.

| Stiles Pond | A2 | 4/28/76¹ | 5.5 miles 146 acres (Stiles Pond) | | --- | --- | --- | --- |

St. Johnsbury Village water supply. Stiles Pond and all waters within its watershed in the Town of Waterford. Stiles Pond is in the St. Johnsbury municipal forest and flows to the Moose River.

| Danville Reservoir | A2 | 4/28/76¹ | 2.0 miles | | --- | --- | --- | --- |

Danville Fire District No. 1 water supply. Danville Reservoir on tributary of Brown Brook and all waters within its watershed in Danville.

B. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record | | --- | --- | --- | --- |

Section 16 Classification of the Northern Connecticut Basin Basin 16

All waters within this basin are Class B except as provided for below:

A. Upper Connecticut River

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | Charles Brown Brook | A2 | 7/1/71¹ | 2.5 miles |

Description

Village of Norwich water supply. (Reserved for emergency use). Charles Brown Brook and all waters within its watershed above the water intake in the Town of Norwich.

| Unnamed tributary to Connecticut River | A2 | 7/1/71¹ | 1.0 mile | | --- | --- | --- | --- |

Village of Newbury water supply. An unnamed tributary to the Connecticut River and all waters within its watershed above the water intake in the Town of Newbury. The tributary is approx. one mile south of Pulaski Mt. The intake is located approx. 0.7 mile upstream of its confluence with the Connecticut River.

| Unnamed tributary to Connecticut River | A2 | 7/1/71¹ | 0.2 mile | | --- | --- | --- | --- |

Village of Bloomfield water supply. An unnamed tributary to the Connecticut River and all waters within its watershed above the water intake in the Town of Bloomfield. The intake is approx. 0.5 mile above "Basin Hole."

| Unnamed tribuary to Lake Morey | A2 | 7/1/71¹ | 1.1 miles | | --- | --- | --- | --- |

Village of Fairlee water supply. (Reserved for emergency use). An unnamed tributary to Lake Morey and all waters in its watershed in the Town of Fairlee to the water intake dam, including a man-made impoundment.

B. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record | | --- | --- | --- | --- |

Section 17 Classification of the Memphremagog Basin Basin 17

All waters within this basin are Class B except as provided for below:

A. Lake Memphremagog and International Stream

| Waters | Class | Date | Approx. miles/acres | | --- | --- | --- | --- | | Unnamed reservoir near Derby Line | A2 | 7/1/71¹ | No record |

Description

Derby Line water supply. An unnamed reservoir and all waters in its watershed in the Town of Derby.

| May Pond Brook and May Pond | A2 | 10/30/87 | 13 acres | | --- | --- | --- | --- |

Village of Barton water supply. May Pond Brook and all waters within its watershed in the Town of Barton above and including the water supply reservoir and May Pond. The reservoir is located approximately 3/4 mile upstream of the brook's confluence with Crystal Lake.

B. Black-Barton-Clyde Rivers

| Unnamed tributary to the Black River | A2 | 2/20/75¹ | 1.0 mile | | --- | --- | --- | --- |

Coventry Fire District #1 water supply. (Reserved for emergency use.) An unnamed tributary to the Black River and all waters within its watershed above the water intake in the Town of Coventry.

| Unnamed tributary to Island Pond | A2 | 2/20/75 | 1.0 mile | | --- | --- | --- | --- |

Town of Brighton water supply. An unnamed tributary to Island Pond and all waters within its watershed in the Town of Brighton above the water intake at approx. elev. of 1544.0' MSL. The tributary flows northerly to Island Pond.

| Unnamed tributary to Lightning Brook | A2 | 2/20/75 | 2.0 miles | | --- | --- | --- | --- |

Town of Brighton water supply. Two unnamed tributaries to an unnamed tributary to Lightning Brook and all waters in their watersheds in the Town of Brighton above the intakes. The main intake is at approx. elevation 1526.0' MSL, and the upper, more northerly intake is diverted to the main intake.

C. Entire Basin

| All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record. | | --- | --- | --- | --- |

[1] The Water Resources Board did not classify these waters. They are included as a result of the 1949 and 7/1/71 legislation which defined what constituted Class A waters.

[2] Previously described as "unnamed tributaries" in the 3/6/59 classification proceedings.

Appendix A Fish Habitat Designation

A. Warm Water Fish Habitat

All wetlands, except those designated as cold water fish habitat in paragraph B below, and the following waters are designated as warm water fish habitat for purposes of these rules:

1. Battenkill, Walloomsac, Hoosic Basin

(a) Lake Hancock (Sucker Pond), Stamford

(b) Thompsons Pond, Pownal

2. Poultney, Mettawee Basin

(a) All waters west of Vermont Route 22A.

(b) Austin Pond, Hubbardton

(c) Beebe Pond, Hubbardton

(d) Billings Marsh Pond, West Haven

(e) Burr Pond, Sudbury

(f) Coggman Pond, West Haven

(g) Echo Lake (Keeler Pond) Hubbardton/Sudbury

(h) Half Moon Pond, Hubbardton

(i) Hinkum Pond, Sudbury

(j) Lake Hortonia, Hubbardton/Sudbury

(k) Inman Pond, Fair Haven

(l) Lily Pond, Poultney

(m) Little Pond, Wells

(n) Love's Marsh, Castleton

(o) Mill Pond (Parson's Mill Pond), Benson

(p) Northeast Developer's Pond, Wells

(q) Old Marsh Pond, Fair Haven

(r) Pine Pond, Castleton

(s) Poultney River from Carvers Falls in West Haven to its confluence with Lake Champlain

(t) Sunrise Lake, Benson/Orwell

3. Otter Creek, Little Otter Creek and Lewis Creek Basin

(a) All waters lying west of Vermont Route 22A and south of the City of Vergennes.

(b) Brilyea East Pond, Addison

(c) Brilyea West Pond, Addison

(d) Chipman Lake (Tinmouth Pond), Tinmouth

(e) Danby Pond, Danby

(f) East Creek Site I, Orwell

(g) Fern Lake, Leicester

(h) Lemon Fair River

(i) Mud Pond, Leicester

(j) Otter Creek from the outfall of the Proctor wastewater treatment facility in Proctor, to its confluence with Lake Champlain, except that portion between the Beldens Dam and the Huntington Falls Dam in New Haven/Weybridge.

(k) Richville Pond, Shoreham

(l) Stone Bridge Pond, Panton/Addison

(m) Wallingford Pond, Wallingford

Lower Lake Champlain Basin

(a) Lake Champlain south of the Crown Point Bridge.

(b) Lake Champlain, between the Crown Point Bridge and the Ferrisburg-Charlotte town boundary, where depths are less than 25 feet at Low Lake Level (93 feet NGVD) - June 1, through September 30, only.

(c) Perch Pond, Benson

5. Upper Lake Champlain Basin

(a) All streams, creeks and brooks lying with Grand Isle County.

(b) Lake Carmi, Franklin(c)

(c) Lake Champlain, between the Ferrisberg-Charlotte town boundary and the Canadian boundary, where depths are less than 25 feet at Low Lake Level (93 feet NGVD) - June 1, through September 30, only.

(d) Cutler Pond, Highgate

(e) Holmes Creek, Charlotte,

(f) Indian Brook, Colchester from Vermont Routes 2 & 7 to its confluence with Lake Champlain

(g) Lake Iroquois, Hinesburg/Williston

(h) LaPlatte River from its confluence with Patrick Brook in Hinesburg extending downstream to the Spear Street extension bridge in Charlotte annually from the period June 1 through September 30, only.

(i) Long Pond, Milton

(j) Lower Lake, (Lake Sunset), Hinesburg

(k) Malletts Creek, Colchester, from Vermont Routes 2 & 7 to its confluence with Lake Champlain

(l) Milton Pond, Milton

(m) Mud Creek Pond, Alburg

(n) Murr (Monroe) Brook, Shelburne

(o) Rock River from the Canadian boundary to its confluence with Lake Champlain

(p) Round Pond, Milton

(q) St. Albans Reservoir (N), Fairfax

(r) Stevens Brook, St. Albans

6. Missisquoi Basin

(a) Metcalf Pond, Fletcher

(b) Fairfield Pond, Fairfield

(c) Fairfield Swamp Pond, Fairfield

(d) Missisquoi River from the outfall of the Enosburg Falls wastewater treatment facility to the Swanton Dam Swanton

7. Lamoille Basin

(a) Arrowhead Mountain Lake, Milton/Georgia

(b) Flagg Pond, Wheelock

(c) Halfman Pond, Fletcher

(d) Hardwick Lake, Hardwick

(e) Horse Pond, Greensboro

(f) Lake Elmore, Elmore

(g) Lamoille River from the Peterson Dam in Milton to its confluence with Lake Champlain - June 1, through September 30, only.

(h) Long Pond (Belvidere Pond), Eden

(i) Long Pond, Greensboro

(j) Tuttle Pond, Hardwick

(k) Wapanaki Lake, Wolcott

8. Winooski Basin

(a) Berlin Pond, Berlin

(b) Bliss Pond, Calais

(c) Coits Pond, Cabot

(d) Cranberry Meadow Pond, Woodbury

(e) Curtis Pond, Calais

(f) Gillett Pond, Richmond

(g) Harwood Pond, Elmore

(h) Molly's Pond, Cabot

(i) North Montpelier Pond, East Montpelier/Calais

(j) Richmond Pond, Richmond

(k) Shelburne Pond, Shelburne

(l) Sodom Pond, East Montpelier/Calais

(m) Valley Lake (Dog Pond), Woodbury

(n) Winooski River from Green Mountain Power Corporation #19, in Essex/Williston to its confluence with Lake Champlain - June 1, through September 30, only.

9. White River Basin

(a) Lamson Pond, Brookfield

(b) Silver Lake, Barnard

10. Ottauquechee, Black Basin

(a) Black River from the Lovejoy Dam in Springfield to its confluence with the Connecticut River - June 1, through September 30, only.

(b) Deweys Mill Pond, Hartford

(c) Lake Ninevah, Mount Holly

(d) Lake Pinneo, Hartford

(e) North Hartland Reservoir, Hartland/Hartford

(f) North Springfield Reservoir, Springfield/Weathersfield

(g) Ottauquechee River from the North Hartland Dam in Hartland to its confluence with the Connecticut River.

11. West, Williams, and Saxtons Basin

(a) Burbee Pond, Windham

(b) Cole Pond, Jamaica

(c) Lily Pond, Londonderry

(d) Lowell Lake, Londonderry

Deerfield Basin

(a) Gates Pond, Whitingham

(b) Grout Pond, Stratton

(c) Howe Pond, Readsboro

(d) Jacksonville Pond, Whitingham

(e) North Pond, Whitingham

(f) Sadawaga Pond, Whitingham

(g) Shippee Pond, Whitingham

13. Lower Connecticut, Mill Brook Basin

(a) Lake Runnemede (Evart's Pond), Windsor

(b) Lily Pond, Vernon

(c) Mindards Pond, Rockingham

14. Stevens, Wells, Waits, Ompompanoosuc Basin

(a) Lake Abenaki, Thetford

(b) Ticklenaked Pond, Ryegate

(c) Waits River from the CVPS Dam in Bradford to its confluence with the Connecticut River - June 1, to September 30.

Passumpsic Basin

(a) Bruce Pond, Sheffield

(b) Chandler, Wheelock

(c) Keiser Pond, Peacham/Danville

Upper Connecticut, Nulhegan, Willard Stream, Paul Stream Basin

(a) Dennis Pond, Brunswick

(b) Halls Lake, Newbury

(c) Harriman Pond, Newbury

(d) Lake Morey, Fairlee

(e) Lower Symes Pond, Ryegate

(f) Stevens Pond, Maidstone

17. Lake Memphremagog, Black, Barton, Clyde, Coaticock, Basin

(a) Daniels Pond, Glover

(b) Lake Derby, Derby

(c) Long Pond, Sheffield

(d) Little Hosmer Pond, Craftsbury

(e) Mud Pond, Craftsbury

(f) Mud Pond, (North) Morgan

(g) Tildy's Pond (Clark Pond), Glover

(h) Toad Pond, Charleston

(i) Turtle Pond, Holland

B. Cold Water Fish Habitat

1. All waters not designated as warm water fish habitat by subsection A are hereby designated as cold water fish habitat for purposes of these rules.

2. The following wetlands are designated as cold water fish habitat:

(a) Those wetlands adjacent to the Dog River and its tributaries from the headwaters of the Dog River to the point where it first crosses State Aid highway #62 in Roxbury, a distance of approximately 1.5 miles.

(b) Those wetlands adjacent to the headwaters of the Winhall River and its tributaries on the east and west side from the outlet of Stratton Pond to the Stratton-Winhall boundary, a distance of approximately 2.0 miles.

(c) Those wetlands adjacent to the Batten Kill River from a point .75 miles north of East Dorset and extending to its confluence with Dufresne Pond in Manchester, a distance of approximately 5.5 miles.

(d) Those wetlands adjacent to the New Haven River and its tributaries from its confluence with Blue Bank Brook in Lincoln upstream to the headwaters of the respective tributaries, a distance of approximately 1.75 miles.

Appendix B Phosphorus Criteria Section 3-01

| Segment | Description | | --- | --- | | Lake Champlain | | | Missisquoi Bay | Area north of East Alburg (Route 78) bridge and south of the international border. | | Isle La Motte | Area within Vermont waters west of Grand Isle and North Hero Islands, and north of a line from Cumberland Head, NY to Wilcox Point on Grand Isle. | | St. Albans Bay | Area northeast of a line from Hathaway Point to Lime Rock Point. | | Northeast Arm | Area within Vermont Waters east of Grand Isle and North Hero Islands, and north of the Sandbar Bridge, excluding St. Albans Bay, and including the large bay on Grand Isle and North Hero. | | Malletts Bay | Area south of Sandbar Bridge and east of the causeway from Colchester Point to Grand Isle. | | Main Lake | Area within Vermont waters south of a line from Cumberland Head, NY to Wilcox Point on Grand Isle, and north of a line from Split Rock Point, NY to Thompsons Point, VT, excluding Malletts Bay, Burlington Bay and Shelburne Bay. | | Burlington Bay | Area east of a line from Lone Rock Point to Oakledge. | | Shelburne Bay | Area south of a line from Shelburne Point to Red Rock Point. | | Otter Creek | Area within Vermont waters south of a line from Split Rock Point, NY to Thompsons Point, VT, and north of a line from Rock Harbor, NY to Basin Harbor, VT. | | Port Henry | Area within Vermont waters south of a line from Rock Harbor, NY to Basin Harbor, VT, and north of Crown Point Bridge. | | South Lake A | Area within Vermont waters south of Crown Point Bridge and north of Benson Landing. | | South Lake B | Area within Vermont waters south of Benson Landing. | | Lake Memphremagog | | | Main Lake | Area within Vermont waters north of the Route 5 Bridge. | | South Bay | Area south of the Route 5 bridge and north of the mouth of the Barton River. |

Appendix C Water Quality Criteria for the Protection of Human Health and Aquatic Biota

Criteria are in micrograms per liter ([mu] g/l - parts per billion) unless indicated otherwise.

| Compound | CAS Number | Protection of Human Health | | | | --- | --- | --- | --- | --- | | Tox Class | Consumption of Water & Organisms | Consumption of Organisms Only | | | | Toxic Metals | | | | | | Antimony | 7440360 | TT | 14 | 4,300 | | Arsenic | 7440382 | A | 0.02 | 1.5 | | Cadmium^{d. e.} | 7440439 | TT | -- | -- | | Chromium (VI)^d | 18540299 | TT | -- | -- | | Chromium (III)^{d. e.} | 16065831 | TT | -- | -- | | Copper^{d. e.} | 7440508 | TT | -- | -- | | Cyanide | 57125 | TT | 700 | 220,000 | | Iron^c | NA | TT | -- | -- | | Lead^{d. e.} | 7439921 | TT | -- | -- | | Mercury^{d. f.} | 7439976 | TT/BC | 0.14 | 0.15 | | Nickel^{d. e.} | 7440020 | TT | 610 | 4,600 | | Selenium | 7782492 | TT | -- | -- | | Silver^{d. e.} | 7440224 | TT | -- | -- | | Thallium | 7440280 | TT | 1.7 | 6.3 | | Zinc^{d. e.} | 7440666 | TT | -- | -- | | Volatile Organic Compounds | | | | | | Acrolein | 107028 | TT | 320 | 780 | | Acrylonitrile | 107131 | C | 0.059 | 0.66 | | Benzene | 71432 | A | 1.2 | 71 | | Bromoform | 75252 | C | 4.3 | 360 | | Carbon Tetrachloride | 56235 | C | 0.25 | 4.4 | | Chlorodibromomethane | 124481 | C | 0.41 | 34 | | Chloroform | 67663 | C | 5.7 | 470 | | Dichlorobromomethane | 75274 | C | 0.27 | 22 | | 1,2-Dichloroethane | 107062 | C | 0.38 | 99 | | 1,1-Dichloroethylene | 75354 | C | 0.057 | 3.2 | | 1,3-Dichloropropylene | 542756 | TT | 10 | 1,700 | | Ethylbenzene | 100414 | TT | 3,100 | 29,000 | | Methyl Bromide | 74839 | TT | 48 | 4,000 | | Methylene Chloride | 75092 | C | 4.7 | 1,600 | | Monochlorobenzene | 108907 | TT | 680 | 21,000 | | 1,1,2,2-Tetrachloroethane | 79345 | C/BC | 0.17 | 11 | | Tetrachloroethylene | 127184 | C | 0.8 | 8.85 | | Toluene | 108883 | TT | 6,800 | 200,000 | | 1,1,2-Trichloroethane | 79005 | C | 0.60 | 42 | | Trichloroethylene | 79016 | C | 2.7 | 81 | | Vinyl Chloride | 75014 | C | 2 | 525 | | Acid Organic Compounds | | | | | | 2,4-Dichlorophenol | 120832 | TT | 93 | 790 | | 2,4 Dinitrophenol | 51285 | TT | 70 | 14,000 | | 2-Methyl-4,6-Dinitrophenol | 534521 | TT | 13.4 | 765 | | Pentachlorophenol | 87865 | C/BC | 0.28 | 8.2 | | Phenol | 108952 | TT | 21,000 | 4.6x10 n6 | | 2,4,6-Trichlorophenol | 88062 | C/BC | 2.1 | 6.5 | | Base Neutral Compounds | | | | | | Anthracene | 120127 | TT/BC | 9,600 | 110,000 | | Benzidine | 92875 | A | 0.00012 | 0.00054 | | Benzo(a)Anthracene | 56553 | C/BC | 0.0028 | 0.031 | | Benzo(a)Pyrene | 50328 | C/BC | 0.0028 | 0.031 | | Benzo(b)Fluoranthene | 205992 | C/BC | 0.0028 | 0.031 | | Benzo(k)Fluoranthene | 207089 | C/CB | 0.0028 | 0.031 | | Bis(2-Ethylhexyl) Phthalate | 117817 | C/BC | 1.8 | 5.9 | | Chloroethyl ether (Bis-2) | 111444 | C | 0.031 | 1.4 | | Chloroisopropyl ether (Bis-2) | 108601 | TT | 1,400 | 170,000 | | Chrysene | 218019 | C/BC | 0.0028 | 0.031 | | Dibenzo(a,h)Anthracene | 53703 | C/BC | 0.0028 | 0.031 | | 1,2-Dichlorobenzene | 95501 | TT/BC | 2,700 | 17,000 | | 1,3-Dichlorobenzene | 541731 | TT/BC | 400 | 2,600 | | 1,4-Dichlorobenzene | 106467 | TT/BC | 400 | 2,600 | | 3,3'-Dichlorobenzidine | 91941 | C/BC | 0.04 | 0.077 | | Diethyl Phthalate | 84662 | TT | 23,000 | 120,000 | | Dimethyl Phthalate | 131113 | TT | 313,000 | 2,900,000 | | Di-n-butyl Phthalate | 84742 | TT/BC | 2,700 | 12,000 | | 2,4-Dinitrotoluene | 121142 | C | 0.11 | 9.10 | | 1,2-Diphenylhydrazine | 122667 | C | 0.040 | 0.54 | | Fluoranthene | 206440 | TT/BC | 300 | 370 | | Fluorene | 86737 | TT/BC | 1,300 | 14,000 | | Hexachlorobenzene | 118741 | C/BC | 0.00075 | 0.00077 | | Hexachlorobutadiene | 87683 | C/BC | 0.44 | 50 | | Hexachlorocyclopentadiene | 77474 | TT/BC | 240 | 17,000 | | Hexachloroethane | 67721 | C/BC | 1.9 | 8.9 | | Indeno(1,2,3-cd)Pyrene | 193395 | C/BC | 0.0028 | 0.031 | | Isophorone | 78591 | TT | 8.4 | 600 | | Nitrobenzene | 98953 | TT | 17 | 1,900 | | N-Nitrosodimethylamine | 62759 | C | 0.00069 | 8.1 | | N-Nitrosodiphenylamine | 86306 | C | 5.0 | 16 | | Pyrene | 129000 | TT/BC | 960 | 11,000 | | Pesticides/PCBs | | | | | | Aldrin | 309002 | C/BC | 0.00013 | 0.00014 | | Chlordane | 57749 | C/BC | 0.00057 | 0.00059 | | Chlorpyrifos^c | 2921882 | -- | -- | -- | | 4,4'-DDT | 50293 | C/BC | 0.00059 | 0.00059 | | 4,4'-DDE | 72559 | C/BC | 0.00059 | 0.00059 | | 4,4'-DDD | 72548 | C/BC | 0.00083 | 0.00084 | | Demeton^c | 8065483 | -- | -- | -- | | Dieldrin | 60571 | C | 0.00014 | 0.00014 | | alpha-Endosulfan | 959988 | TT | 0.93 | 2.0 | | beta-Endosulfan | 33213659 | TT | 0.93 | 2.0 | | Endosulfan Sulfate | 1031078 | TT | 0.93 | 2.0 | | Endrin | 72208 | TT | 0.76 | 0.81 | | Endrin Aldehyde | 7421934 | TT | 0.76 | 0.81 | | Heptachlor | 76448 | C | 0.00021 | 0.00021 | | Heptachlor Epoxide | 1024573 | C | 0.00010 | 0.00011 | | Hexachlorocyclohexane-Alpha | 319846 | C/BC | 0.0039 | 0.013 | | Hexachlorocyclohexane-Beta | 319857 | C/BC | 0.014 | 0.046 | | Hexachlorocyclohexane-Gamma (Lindane) | 58899 | TT/BC | 0.019 | 0.063 | | Malathion^c | 121755 | -- | -- | -- | | Parathion^c | 56382 | -- | -- | -- | | PCB-1242 | 53469219 | C/BC | 0.000044 | 0.000045 | | PCB-1254 | 11097691 | C/BC | 0.000044 | 0.000045 | | PCB-1221 | 11104282 | C/BC | 0.000044 | 0.000045 | | PCB-1232 | 11141165 | C/BC | 0.000044 | 0.000045 | | PCB-1248 | 12672296 | C/BC | 0.000044 | 0.000045 | | PCB-1260 | 11096825 | C/BC | 0.000044 | 0.000045 | | PCB-1016 | 12674112 | C/BC | 0.000044 | 0.000045 | | Dioxin (2,3,7,8-TCDD) | 1746016 | C/BC | 0.13x10^-7 | 0.14x10^-7 | | Toxaphene | 8001352 | C/BC | 0.00073 | 0.00075 | | Other Substances | | | | | | Ammonia^c | NA | -- | -- | -- | | Asbestos | 1332214 | A | 70x10 n5f/l | -- | | Chlorine^c | 7782505 | -- | -- | -- |

| Compound | Protection of Aquatic Biota | | | --- | --- | --- | | Maximum Allowable Concentration - Acute Criteria^a | Average Allowable Concentration - Chronic Criteria^a | | | Toxic Metals | | | | Antimony | -- | -- | | Arsenic | 360 | 190 | | Cadmium^{d. e.} | exp(1.128(In hardness) -3.828) | exp(0.7852(In hardness) -3.490) | | Chromium (VI)^d | 16 | 11 | | Chromium (III)^{d. e.} | exp(0.8190(In hardness)+3.688) | exp(0.8190(In hardness)+1.561) | | Copper^{d. e.} | exp(0.9422(In hardness)-1.464) | exp(0.8545(In hardness)-1.465) | | Cyanide | 22 | 5.2 | | Iron^c | -- | 1,000 | | Lead^{d. e.} | exp(1.273(In hardness)-1.460) | exp(1.273(In hardness)-4.705) | | Mercury^{d. f.} | 2.4 | 0.012 | | Nickel^{d. e.} | exp(0.8460(In hardness)+3.3610) | exp(0.8460(In hardness)+1.1645) | | Selenium | 20 | 5 | | Silver^{d. e.} | exp(1.72(In hardness) -6.52) | -- | | Thallium | -- | -- | | Zinc^{d. e.} | exp(0.8473(In hardness)+0.8604) | exp(0.8473(In hardness)+0.7614) | | Volatile Organic Compounds | | | | Acrolein | -- | -- | | Acrylonitrile | -- | -- | | Benzene | -- | -- | | Bromoform | -- | -- | | Carbon Tetrachloride | -- | -- | | Chlorodibromomethane | -- | -- | | Chloroform | -- | -- | | Dichlorobromomethane | -- | -- | | 1,2-Dichloroethane | -- | -- | | 1,1-Dichloroethylene | -- | -- | | 1,3-Dichloropropylene | -- | -- | | Ethylbenzene | -- | -- | | Methyl Bromide | -- | -- | | Methylene Chloride | -- | -- | | Monochlorobenzene | -- | -- | | 1,1,2,2-Tetrachloroethane | -- | -- | | Tetrachloroethylene | -- | -- | | Toluene | -- | -- | | 1,1,2-Trichloroethane | -- | -- | | Trichloroethylene | -- | -- | | Vinyl Chloride | -- | -- | | Acid Organic Compounds | | | | 2,4-Dichlorophenol | -- | -- | | 2,4 Dinitrophenol | -- | -- | | 2-Methyl-4,6-Dinitrophenol | -- | -- | | Pentachlorophenol | exp(1.005 (pH) - 4.830) | exp(1.005 (pH) - 5.290) | | Phenol | -- | -- | | 2,4,6-Trichlorophenol | -- | -- | | Base Neutral Compounds | | | | Anthracene | -- | -- | | Benzidine | -- | -- | | Benzo(a)Anthracene | -- | -- | | Benzo(a)Pyrene | -- | -- | | Benzo(b)Fluoranthene | -- | -- | | Benzo(k)Fluoranthene | -- | -- | | Bis(2-Ethylhexyl) Phthalate | -- | -- | | Chloroethyl ether (Bis-2) | -- | -- | | Chloroisopropyl ether (Bis-2) | -- | -- | | Chrysene | -- | -- | | Dibenzo(a,h)Anthracene | -- | -- | | 1,2-Dichlorobenzene | -- | -- | | 1,3-Dichlorobenzene | -- | -- | | 1,4-Dichlorobenzene | -- | -- | | 3,3'-Dichlorobenzidine | -- | -- | | Diethyl Phthalate | -- | -- | | Dimethyl Phthalate | -- | -- | | Di-n-butyl Phthalate | -- | -- | | 2,4-Dinitrotoluene | -- | -- | | 1,2-Diphenylhydrazine | -- | -- | | Fluoranthene | -- | -- | | Fluorene | -- | -- | | Hexachlorobenzene | -- | -- | | Hexachlorobutadiene | -- | -- | | Hexachlorocyclopentadiene | -- | -- | | Hexachloroethane | -- | -- | | Indeno(1,2,3-cd)Pyrene | -- | -- | | Isophorone | -- | -- | | Nitrobenzene | -- | -- | | N-Nitrosodimethylamine | -- | -- | | N-Nitrosodiphenylamine | -- | -- | | Pyrene | -- | -- | | Pesticides/PCBs | | | | Aldrin | -- | -- | | Chlordane | 2.4^b | .0043^b | | Chlorpyrifos^c | 0.083 | 0.041 | | 4,4'-DDT | 1.1^b | 0.001^b | | 4,4'-DDE | -- | -- | | 4,4'-DDD | -- | -- | | Demeton^c | 0.1 | | | Dieldrin | -- | -- | | alpha-Endosulfan | 0.22^b | 0.056^b | | beta-Endosulfan | 0.22^b | 0.056^b | | Endosulfan Sulfate | -- | -- | | Endrin | 0.18^b | 0.0023^b | | Endrin Aldehyde | -- | -- | | Heptachlor | 0.52^b | 0.0038^b | | Heptachlor Epoxide | 0.52^b | 0.0038^b | | Hexachlorocyclohexane-Alpha | -- | -- | | Hexachlorocyclohexane-Beta | -- | -- | | Hexachlorocyclohexane-Gamma (Lindane) | 2.0^b | 0.8^b | | Malathion^c | -- | 0.1 | | Parathion^c | 0.065 | 0.013 | | PCB-1242 | -- | 0.014^b | | PCB-1254 | -- | 0.014^b | | PCB-1221 | -- | 0.014^b | | PCB-1232 | -- | 0.014^b | | PCB-1248 | -- | 0.014^b | | PCB-1260 | -- | 0.014^b | | PCB-1016 | -- | 0.014^b | | Dioxin (2,3,7,8-TCDD) | -- | -- | | Toxaphene | 0.73 | 0.0002 | | Other Substances | | | | Ammonia^c | see EPA water quality criteria document for Ammonia | | | Asbestos | -- | -- | | Chlorine^c | 19 | 11 |

NOTES:

Human Health Criteria:

Tox Class - designated toxicity class for substance: A=Class A carcinogen (known human carcinogen); C=Carcinogenic (probable or possible human carcinogen); TT=Threshold Toxicant (not a known or probable carcinogen); BC=High potential to bioconcentrate or bioaccumulate;

Carcinogenic - for those toxic substances which are identified as carcinogens (A or C) the criteria have been established at a risk level of 10 [-6 ] assuming a lifetime exposure to a 70 Kg male consuming 6.5 grams per day of fish and shell-fish products and ingesting 2.0 liters of water per day.

Threshold Toxicants - for those toxic substances which are identified as noncarcinogens (TT) the criteria are best estimates of concentrations which are not expected to produce adverse effects in human health assuming a lifetime exposure to a 70 Kg male consuming 6.5 grams per day of fish and shell-fish products and ingesting 2.0 liters of water per day.

Aquatic Biota Criteria:

[a ] Maximum Allowable Concentration (MAC) = the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time (1-hour average) once every three years without deleterious effects. Average Allowable Concentration (AAC) - the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) once every three years without deleterious effects. [mu] g/l = micrograms per liter. The MAC is the equivalent to the Federal Criteria Maximum Concentration (CMC) and the AAC is equivalent to the Federal Criteria Continuous Concentration (CCC).

[b ] The aquatic life criteria for this compound were developed in 1980 using 1980 EPA guidelines for criteria development. The CMC or acute value shown is a final acute value (FAV) which by the 1980 guidelines is an instantaneous value.

[c ] Compound is not listed in EPA's Section 304(a) Criteria for Priority Toxic Pollutants as published in the December 22, 1992, pages 60911-60917, of the Federal Register but is included in Appendix C of the Vermont Water Quality Standards because the pollutant can be deleterious to aquatic life and criteria have been developed for the protection of aquatic organisms.

[d ] Criteria for this metal is expressed as a function of the water effect ratio, WER, as defined in 40 R § 131.36(c). Unless otherwise determined by the Secretary, in a manner consistent with the most current USEPA guidance, the WER shall be 1.0. CMC = acute criterion ([mu] g/l) x WER CCC = chronic criterion ([mu] g/l) x WER

[e ] Aquatic life criteria for this metal are expressed as a function of total hardness (mg/l as CaCO3), and as a function of the pollutant's water effect ratio, WER, as defined in § 131.36(c). Unless otherwise determined by the Secretary, in a manner consistent with the most current USEPA guidance, the WER shall be 1.0.

[f ] If the CCC for total mercury exceeds 0.012 [mu] g/l more than once in a three year period in the ambient water, the edible portion of aquatic species of concern must be analyzed to determine whether the concentration of methyl mercury exceeds the FDA action level of 1.0 mg/Kg. If the FDA action level is exceeded, the EPA Regional Administrator must be notified. A revision of the mercury criterion must be initiated in the States Water Quality Standards so as to protect designated uses, and take other appropriate action such as issuance of a fish consumption advisory for its affected area. The residue -based chronic criterion for mercury is not subject to WER adjustment.

CHAPTER 2 APPLICATION OF STANDARDS

Section 01 Sampling and Analysis

All numeric water quality criteria shall be applied by rounding to the nearest significant number in accordance with standard mathematic practice For the purposes of these rules, sample collection, preservation, handling and analysis shall conform as closely as practicable to methods established in the most current edition or publication of any of the following sources:

(a) "Standard Methods For the Examination of Water and Wastewaters," Public Health Association, New York.

(b) "American Society for Testing and Materials," part 23, "Water; Atmospheric Analysis," American Society for Testing and Materials.

(c) "Methods for Chemical Analysis of Water and Wastes," U.S. Environmental Protection Agency.

(d) "Microbiological Methods for Monitoring the Environment - Water and Wastes," U.S. Environmental Protection Agency.

(e) The "Quality Assurance Program and Project Plan" prepared by the Secretary and as approved by EPA.

(f) Any applicable practice or procedure adopted by the Secretary under the provisions of 3 V.S.A. § 835 or any rule adopted as part of the "Vermont Water Pollution Control Permit Regulations" under the provisions of 3 V.S.A. § 836.

(g) Any applicable practices or procedures adopted by the Secretary for conducting nonpoint source pollution monitoring. Such procedures shall be adopted after public notice and comment. Until such procedures are adopted, nonpoint source pollution monitoring shall be conducted in accordance with generally accepted scientific monitoring or evaluation methodologies which the Secretary determines to be appropriate.

Section 02 Flow Values Used to Evaluate Compliance with Applicable Numeric Criteria for Rivers, Streams, Brooks, Creeks, and Riverine Impoundments

A. Natural Flow Regime

Where the natural flow regime is not altered or substantially influenced by any human-made structure or device, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value unless an alternate flow statistic is specified in Section 3-01 of these rules. This rule shall not be construed to allow less than normal design operation of any treatment facility during periods of low streamflow or to otherwise waive the terms of any permit.

B. Natural Flow Regime Altered by Human-made Structures

1. Where there is a Minimum Flow Agreement/Requirement

For waters where the natural flow regime is altered by a human- made structure and where a minimum flow agreement or requirement has been established under 10 V.S.A. § 1003, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value or at the agreed/required minimum flow, whichever is less, unless an alternative flow statistic is specified in Section 3-01 of these rules.

2. Where there is No Minimum Flow Agreement/Requirement

For waters where the natural flow regime is altered by human-made structures and where no minimum flow agreement or requirement has been established, compliance with the applicable numeric water quality criteria shall be calculated on the basis of the 7Q10 flow value or at the absolute low flow resulting from flow regulation, whichever is less, unless an alternative flow statistic is specified in Section 3-01 of these rules.

Section 03 Nonpoint Source Pollution

A. Policy

1. It is the policy of the State of Vermont to recognize that certain wastes from nonpoint sources, including but not limited to nonpoint source waste from agricultural or silvicultural practices, are of such a nature that strategies required by the Act or by 6 V.S.A. Chapter 215, and those strategies developed in the basin planning process, represent a practicable basis for achieving compliance with these rules.

2. In implementing Section 2-03(A), the Secretary and the Secretary of the Agency of Agriculture, Food and Markets are encouraged to exercise the full range of discretion authorized by the Act and 6 V.S.A. Chapter 215 and to manage discharges of nonpoint source waste in as cost-effective a manner as possible consistent with the provisions of these rules.

B. Use of Management Practices and Planning

1. The requirements of these rules for any activity causing a nonpoint source discharge shall be presumed to be satisfied when the activity:

(a) Is conducted in accordance with the Accepted Agricultural Practice Rules (6 V.S.A. Chapter 215) or, where required, agricultural best management practices; the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont; or is conducted in accordance with a best management practice (BMP) for nonpoint source wastes when the best management practice has been adopted as a rule or procedure by the Secretary after public notice and the opportunity for public comment.

(b) Is consistent with the strategy for managing nonpoint source wastes within any applicable basin plan.

2. Any presumption provided by this section shall be negated when a water quality analysis conducted according to Section 2-01(g) of these rules demonstrates that there is a violation of these rules.

Section 04 Special Zones

A. Mixing Zones

1. Designation

Mixing zones shall not be created in any Class A water. In Class B waters the Secretary may, in conjunction with the issuance of a permit, designate a specific portion of the receiving waters not exceeding 200 feet from the point of discharge as a mixing zone for any waste that has been properly treated to comply with all applicable state and federal treatment requirements and effluent limitations. Within any mixing zone the Secretary may, in accordance with the terms of a permit, waive specific provisions of §§ 1-03, 3-01, and 3-04(B) when consistent with the criteria in § 2-04(A)(2) of these rules, provided that the quality of the waters outside of the mixing zone complies with all applicable provisions of these rules.

2. Mixing Zone Criteria

The Secretary shall insure that conditions due to discharges of waste within any mixing zone shall:

a. Not result in a significant increase in public health risk when evaluated using reasonable assumptions about exposure pathways;

b. Not constitute a barrier to the passage or movement of fish or prevent the full support of aquatic biota, wildlife, and aquatic habitat uses in the receiving waters outside the mixing zone;

c. Not kill organisms passing through the mixing zone;

d. Protect and maintain the existing uses of the waters;

e. Be free from materials in concentrations that settle to form objectionable deposits;

f. Be free from floating debris, oil, scum, and other material in concentrations that form nuisances;

g. Be free from substances in concentrations that produce objectionable color, odor, taste, or turbidity; and

h. Be free from substances in concentrations that produce undesirable aquatic life or result in a dominance of nuisance species.

B. Waste Management Zones

1. Designation

The designation of waste management zones is provided for in 10 V.S.A. § 1252(b)-(d). In Class B waters the Secretary may, in conjunction with the issuance of a permit for the direct discharge of properly treated wastes that prior to treatment contained organisms pathogenic to human beings, designate a specific portion of the receiving waters as a waste management zone when the criteria in subsection 2 of this section are met. Waste management zones shall not be created in any Class A water. Within such zones, all water quality criteria shall be met.

2. Waste Management Zone Criteria

The Secretary shall insure that, in addition to complying with all other applicable provisions of the statute and these rules, any waste management zone meets the following criteria:

a. It shall be the minimum length necessary to accommodate the authorized discharge;

b. It shall be consistent with the anti-degradation policy ( Section 1-03) of these rules;

c. It shall not result in significantly increased health risks when evaluated using reasonable assumptions about exposure pathways;

d. It will be located and managed so as to not result in more than a negligible increased risk to public health adjacent to or downstream of the waste management zone; and

e. It will not constitute a barrier to the passage or movement of fish or prevent the full support of aquatic biota, wildlife, and aquatic habitat uses.

Section 05 Public Water Supply

A. Designation

In accordance with 10 V.S.A. § 1252, waters that are managed for the purpose of public water supplies may be designated in Chapter 4 as Class A(2) Public Water Supplies.

B. Public Water Supply Management

In accordance with 10 V.S.A. § 1250, it is the policy of the State of Vermont that public water supplies shall be managed in a manner that assures compliance with these rules. The Secretary is encouraged to exercise the full range of discretion consistent with 10 V.S.A., Chapters 47 and 56 to manage public water supplies to achieve such compliance.

CHAPTER 3 VERMONT WATER QUALITY STANDARDS

Section 01 Water Quality Criteria and Indices General

A. Natural Influences

Waters in which one or more applicable water quality criteria are not met due to natural influences shall not be considered to be in noncompliance with respect to such criteria. In such waters, activities may be specifically authorized by a permit, provided that those activities do not further reduce the quality of the receiving waters and would comply with all other applicable criteria.

B. General Criteria

The following water quality criteria shall be achieved in all waters, regardless of their classification:

1. Temperature

a. General

The change or rate of change in temperature, either upward or downward, shall be controlled to ensure full support of aquatic biota, wildlife, and aquatic habitat uses. For the purpose of applying this criterion, ambient temperature shall mean the water temperature measured at a control point determined by the Secretary to be outside the influence of a discharge or activity.

b. Cold Water Fish Habitat

The total increase from the ambient temperature due to all discharges and activities shall not exceed 1.0 0 F except as provided for in paragraph (d) below.

c. Warm Water Fish Habitat

The total increase from the ambient temperature due to all discharges and activities shall not exceed the temperature criteria derived from tables 1 or 2 except as provided for in paragraph (d) below:

Table 1. Lakes, Ponds, and Reservoirs not including Riverine impoundments.

| Ambient temperature | Total allowable increase above ambient temperature | | --- | --- | | Above 60°F | 1°F | | 50°F - 60°F | 2°F | | Below 50°F | 3°F |

Table 2. All Other Waters.

| Ambient temperature | Total allowable increase above ambient temperature | | --- | --- | | Above 66°F | 1°F | | 63° to 66°F | 2°F | | 59° to 62°F | 3°F | | 55° to 58°F | 4°F | | Below 55°F | 5°F |

d. Assimilation of Thermal Wastes

The Secretary may, by permit condition, specify temperature limits that exceed the values specified above in order to authorize discharges of thermal wastes when it is shown that:

(1) The discharge will comply with all other applicable provisions of these rules;

(2) A mixing zone of 200 feet in length is not adequate to provide for assimilation of the thermal waste; and

(3) After taking into account the interaction of thermal effects and other wastes, that change or rate of change in temperature will not result in thermal shock or prevent the full support of uses of the receiving waters.

2. Phosphorus

a. All waters - general policy

In all waters, total phosphorous loadings shall be limited so that they will not contribute to the acceleration of eutrophication or the stimulation of the growth of aquatic biota in a manner that prevents the full support of uses.

b. Lakes, ponds, or reservoirs that have drainage areas of less than 40 square miles and a drainage area to surface area ratio of less than 500:1, and their tributaries.

(1) In addition to compliance with the general policy above, there shall be no significant increase over currently permitted phosphorus loadings. Discharges to tributaries shall not increase in-stream conditions by more than 0.001 mg/l at low median monthly flow. Indirect discharges to lakes, ponds, or reservoirs shall not increase total dissolved phosphorus as measured in the groundwater 100 feet from the mean water level of the lake, pond, or reservoir by more than 0.001 mg/l.

(2) Applicable basin plans, other applicable plans, permit limitations, and other measures adopted or approved by the Secretary, may define "no significant increase" so as to allow new or increased discharges of phosphorus, only when the permit for such discharges provides for a corresponding reduction in phosphorus loadings to the receiving waters in question.

3. Nitrates

a. General Policy

In all waters nitrates shall be limited so that they will not contribute to the acceleration of eutrophication, or the stimulation of the growth of aquatic biota, in a manner that prevents the full support of uses.

b. Lakes, Ponds and Reservoirs not including Riverine Impoundments

Not to exceed 5.0 mg/l as NO 3 -N regardless of classification.

c. All Other Waters

(1) Not to exceed 0.20 mg/l, as nitrate-nitrogen (NO 3 -N) at flows exceeding low median monthly flows, in Class A(1) and A(2) waters above 2,500 feet altitude, National Geodetic Vertical Datum.

(2) Not to exceed 2.0 mg/l as NO 3 -N at flows exceeding low median monthly flows, in Class A(1) and A(2) waters at or below 2,500 feet altitude, National Geodetic Vertical Datum.

(3) Not to exceed 5.0 mg/l as NO 3 -N at flows exceeding low median monthly flows, in Class B waters.

Sludge deposits or solid refuse

None

Settleable solids, floating solids, oil, grease, scum, or total suspended solids

None in such concentrations or combinations that would prevent the full support of uses.

6. Taste and Odor

None that would prevent the full support of any designated uses or existing use or have an adverse effect on the taste or odor of fish.

7. Color

None that would prevent the full support of uses.

8. Alkalinity

No change from reference conditions that would prevent the full support of the aquatic biota, wildlife, and aquatic habitat uses.

9. pH

pH values shall be maintained within the range of 6.5 and 8.5. Both the change and the rate of change in pH values shall be controlled to ensure the full support of the aquatic biota, wildlife, and aquatic habitat uses.

10. Toxic substances

a. General

Where necessary to fully support uses an existing or designated use, waters shall be managed to prevent the discharge of toxic substances in concentrations, quantities or combinations that exceed:

(1) For toxic substances that are carcinogenic, a maximum individual lifetime risk to human health greater than 10 -6 ;

(2) For toxic substances that are noncarcinogenic, a maximum individual life time risk of no adverse effect to human health; or

(3) Acute or chronic toxicity to aquatic biota or wildlife.

b. Human health based criteria

In rivers, streams, brooks, creeks, and riverine impoundments, the human health based toxic pollutant criteria listed in Appendix C shall be applied at the median annual flow for toxic substances that are classified as known, probable, or possible human carcinogens or at the 7Q10 flow for toxic substances that are classified as threshold toxicants (not known or probable carcinogens). In all other waters, the human health based toxic pollutant criteria listed in Appendix C shall apply at all times.

c. Aquatic biota based criteria

In rivers, streams, brooks, creeks, and riverine impoundments, the aquatic biota based toxic pollutants criteria that prevent acute or chronic toxicity listed in Appendix C shall be applied at 7Q10 flows. In all other waters, the aquatic biota based toxic pollutant criteria for acute or chronic toxicity listed in Appendix C shall apply at all times.

d. Other toxic substances

Where numeric criteria for a toxic substance are not established by these rules, the Secretary may establish such criteria consistent with general policy in subsection 10 (a.) above, based on the procedures set forth in the Vermont Toxic Discharge Control Strategy (1994).

In establishing such limits the Secretary shall give consideration to the potential for bio-accumulation as well as any antagonistic or synergistic relationship that may exist between the wastes being discharged and the concentration of other wastes or constituents in the receiving waters.

In implementing these criteria, the Secretary should consider the full range of discretion authorized by the Act and apply these criteria in as cost effective a manner as possible consistent with the provisions of this subsection.

11. Radioactive Substances

Waters shall be managed so as to prevent the discharge of radioactive substances in concentrations, quantities or combinations that may create a significant likelihood of an adverse impact on human health or a risk of acute or chronic toxicity of aquatic biota or wildlife. Unless otherwise required by these rules, the Secretary shall determine limits for discharges containing radioactive substances based on the results of biological toxicity assessments and the appropriate available scientific data, including but not limited to:

a. The Vermont State Health Regulation, Part 5, Chapter 3 "Radiological Health," effective as of 12/10/77

b. 10 R 50, Appendix 1

The discharge of radioactive substances shall not exceed the lowest limits which are reasonably achievable.

C. Hydrology Criteria

In order to effectively implement the water conservation and hydrology policies set forth in Section 1-02(E) of these rules, and to ensure full support of uses, the following hydrology criteria shall be achieved and maintained where applicable. Where there are multiple activities that affect flow in a basin, a determination of compliance with the following criteria shall include consideration of the cumulative effects of these activities.

1. Streamflow Protection

a. Class A(1) Waters - Changes from the natural flow regime shall not cause the natural flow regime to be diminished, in aggregate, by more than 5% of 7Q10 at any time;

b. Class B WMT 1 Waters - Changes from the natural flow regime, in aggregate, shall not result in natural flows being diminished by more than a minimal amount provided that all uses are fully supported; and when flows are equal to or less than 7Q10, by not more than 5% of 7Q10.

c. Class A(2) Waters and Class B Waters other than WMT1 - Any change from the natural flow regime shall provide for maintenance of flow characteristics that ensure the full support of uses and comply with the applicable water quality criteria. The preferred method for ensuring compliance with this subsection is a site-specific flow study or studies. In the absence of site specific studies, the Secretary may establish hydrologic standards and impose additional hydrologic constraints, consistent with any applicable Agency of Natural Resources rule or procedure, to ensure compliance with the requirements of this subsection.

2. Flow Study Requirements

a. Parameters for study-based, site specific streamflow protection requirements:

Site specific studies shall be sufficiently based on scientific knowledge so that the study will aid in the Secretary's consideration of appropriate site-specific flow criteria. In the case of aquatic habitat studies, those methodologies that are acceptable for determining streamflow protection requirements pursuant to this section include the Instream Flow Incremental Methodology (IFIM), as well as other comparable methods of evaluation deemed appropriate by the Secretary, provided that such evaluation complies with each of the following requirements:

(1) the methodology is tailored to provide information from which to determine the relationship between aquatic habitat and streamflow;

(2) the methodology, or the scientific evaluations upon which it is based, have been subjected to peer review and evaluation, and the results of such peer review and evaluation support the conclusion that the methodology is generally acceptable.

b. When considering proposals for developing site-specific flow criteria in conjunction with review of an application, the Secretary may first require the filing of a study plan that defines the method to be used and provides any study details that the Secretary deems necessary, and, in the case of a study designed to evaluate the relationship between aquatic habitat and streamflow, the Secretary shall make a ruling as to the acceptability of the methodology. The Secretary need not consider any flow study unless the study plans have obtained the Secretary's approval. The plan may include Agency of Natural Resources oversight during study execution and study refinement and modification as the study proceeds. The Secretary should also establish a procedure by which completeness of the evidence in support of the proposed study based flow could be determined prior to the Secretary's determination on the application. If the proposal is determined to be incomplete, or if the methodology which is employed is unacceptable to the Secretary, the Secretary shall issue a written request for the submission of additional evidence, with general instructions to the applicant as to the deficiency of the evidence previously submitted.

3. Water Level Fluctuations

a. Class A(1)/Class B WMT 1 Waters - Manipulation of the water level of lakes, ponds, reservoirs, riverine impoundments, and any other waters shall result in no more than a minimal deviation from the natural flow regime.

b. Class A(2) Class B WMT 2/Class B WMT 3 Waters - Lakes, ponds, reservoirs, riverine impoundments, and any other waters may exhibit artificial variations in water level when subject to water level management, but only to the extent that such variations ensure full support of uses.

4. High Flow Regime

a. Class A(1)/Class B WMT 1 Waters - No change from the natural flow regime that would result in more than a minimal impact upon these waters.

b. Class A(2)/Class B WMT 2/Class B WMT 3 Waters - No change from the natural flow regime that would result in runoff causing an increase in the frequency, magnitude, or duration of peak flows adversely affecting channel integrity or prevent the full support of uses.

D. Numeric Biological Indices

1. In addition to other applicable provisions of these rules and other appropriate methods of evaluation, the Secretary may establish and apply numeric biological indices to determine whether there is full support of aquatic biota and aquatic habitat uses. These numeric biological indices shall be derived from measures of the biological integrity of the reference condition for different water body types. In establishing numeric biological indices, the Secretary shall establish procedures that employ standard sampling and analytical methods to characterize the biological integrity of the appropriate reference condition. Characteristic measures of biological integrity include but are not limited to community level measurements such as: species richness, diversity, relative abundance of tolerant and intolerant species, density, and functional composition.

2. In addition, the Secretary may determine whether there is full support of aquatic biota and aquatic habitat uses through other appropriate methods of evaluation, including habitat assessments.

Section 02 Class A(1) Ecological Waters

A. Management Objectives

Managed to achieve and maintain waters in a natural condition, compatible with the following designated uses:

1. Aquatic Biota, Wildlife, and Aquatic Habitat - consistent with waters in their natural condition.

2. Aesthetics - water character, flows, water level, bed and channel characteristics, and flowing and falling waters in their natural condition.

3. Swimming and Other Primary Contact Recreation - highest quality in waters, in their natural condition with negligible risk of illness or injury from conditions that are a result of human activities.

Boating, Fishing, and Other Recreational Uses - highest quality as compatible with waters in their natural condition.

B. Water Quality Criteria for Class A(1) Ecological Waters

The following water quality criteria shall be achieved in all Class A(1) ecological waters.

Turbidity - None in such amounts or concentrations that would prevent the full support of uses, and not to exceed 10 NTU (nepholometric turbidity units) as an annual average under dry weather base-flow conditions.

2. Escherichia coli - Not to exceed a geometric mean of 126 organisms /100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100 ml. None attributable to the discharge of wastes.

3. Aquatic Biota, Wildlife, and Aquatic Habitat - Change from the natural condition limited to minimal impacts from human activity. Measures of biological integrity for aquatic macroinvertebrates and fish assemblages are within the range of the natural condition. Uses related to either the physical, chemical, or biological integrity of the aquatic habitat or the composition or life cycle functions of aquatic biota or wildlife are fully supported. All life cycle functions, including overwintering and reproductive requirements are maintained and protected.

4. Dissolved Oxygen - as exists in waters in their natural condition.

Nutrients - Compliance with nutrient criteria for Class A(1) waters shall be achieved either by compliance with the nutrient concentration values in Table 3 or by compliance with all nutrient response conditions in Table 3. In situations where the applicable nutrient concentrations are achieved but the nutrient response conditions are not met as a result of nutrient enrichment, the Secretary may establish alternate nutrient concentration values on a site-specific basis as necessary to achieve compliance with the nutrient response conditions. All waters shall maintain a level of water quality that provides for the attainment and maintenance of the water quality standards of downstream waters.

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Table 3. Nutrient Criteria for Class A(1) Waters.

| | Small, High- Gradient Streams ¹ | Medium, High- Gradient Streams ¹ | Warm- Water, Medium- Gradient Streams ¹ | Lakes and Reservoirs ² | All Other Waters | | --- | --- | --- | --- | --- | --- | | Nutrient Concentrations | | | | | | | Total Phosphorus (g/L) | 10³ | 9³ | 18³ | 12⁴ | | | Nutrient Response Conditions | | | | | | | Secchi Disk Depth (meters) | 5.0⁵ | | | | | | Chlorophyll-a (g/L) | 2.6⁴ | | | | | | pH | Not to exceed 8.5 standard units. | | | | | | Turbidity | Consistent with the criteria in Section 3-02 B.4 of these rules. | | | | | | Dissolved Oxygen | Consistent with the criteria in Section 3-02 B.1 of these rules. | | | | | | Aquatic Biota, Wildlife, and Aquatic Habitat | Consistent with the criteria in Section 3-02 B.3 of these rules, implemented according to the numeric thresholds established in the Vermont Department of Environmental Conservation Biocriteria for Fish and Macroinvertebrate Assemblages in Vermont Wadeable Streams and Rivers - Implementation Phase, dated February 10, 2004 or as more recently updated. | | | | | | 1. Stream type determinations made by the Secretary for application of numerical biological indices in accordance with Section 3-01 D of these rules shall be used for the application of these nutrient criteria. 2. Applies to lakes and reservoirs greater than 20 acres in surface area with a drainage area to surface area ratio less than 500:1. 3. Not to be exceeded at low median monthly flow during June through October in a section of the stream representative of well-mixed flow. 4. June through September mean not to be exceeded in the photosynthetic depth (euphotic) zone at a central location in the lake. 5. June through September mean not to be less at a central location in the lake. | | | | | |

Section 03 Class A(2) Public Water Supplies

A. Management Objectives

Water managed for public water supply purposes to achieve and maintain waters with a uniformly excellent character and a level of water quality that is compatible with the following designated uses:

1. Aquatic Biota, Wildlife, and Aquatic Habitat - high quality aquatic biota and wildlife sustained by high quality aquatic habitat necessary to support their life-cycle and reproductive requirements.

2. Aesthetics - water character, flows, water level, and bed and channel characteristics consistently exhibiting aesthetic value.

Swimming and other primary contact recreation - in waters that pose negligible risk of illness due to conditions that are a result of human activities, but managed as necessary for consistency with use as a public water supply.

4. Boating, Fishing, and Other Recreational Uses - suitable for good quality boating, fishing, and other recreational uses.

5. Public Water Supplies - highly suited as a source for public water supply with disinfection, and filtration when necessary.

B. Water Quality Criteria for Class A(2) Public Water Supplies

The following water quality criteria shall be achieved in all Class A(2) public water supplies.

1. Turbidity - None in such amounts or concentrations that would prevent the full support of uses, and not to exceed 10 NTU (nepholometric turbidity units) as an annual average under dry weather base-flow conditions.

Escherichia coli - Not to exceed a geometric mean of 126 organisms /100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100 ml. None attributable to the discharge of wastes.

3. Aquatic Biota, Wildlife and Aquatic Habitat - Biological integrity is maintained, no change from the reference condition that would prevent the full support of aquatic biota, wildlife or aquatic habitat uses. Change from the reference condition for aquatic macroinvertebrates and fish assemblages shall not exceed moderate changes in the relative proportions of taxonomic, functional, tolerant and intolerant components. All expected functional groups are present in a high quality habitat and none shall be eliminated. All life cycle functions, including overwintering and reproductive requirements are maintained and protected. Changes in the aquatic habitat shall not exceed moderate differences from the reference condition consistent with full support of all aquatic biota and wildlife uses.

4. Dissolved Oxygen

The specified dissolved oxygen criteria for each designated fish habitat type will be considered absolute instantaneous minimum values. In addition, fluctuations above the minimum values shall be maintained as necessary to support aquatic habitat.

a. Cold Water Fish Habitat - Not less than 7 mg/l and 75% saturation at all times, nor less than 95% saturation during late egg maturation and larval development of salmonids in areas that the Secretary determines are salmonid spawning or nursery areas important to the establishment or maintenance of the fishery resource. Not less than 6 mg/l and 70% saturation at all times in all other waters designated as a cold water fish habitat.

b. Warm Water Fish Habitat

• Not less than 5 mg/l and 60% saturation at all times.

5. Nutrients - Compliance with nutrient criteria for Class A(2) waters shall be achieved either by compliance with the nutrient concentration values in Table 4 or by compliance with all nutrient response conditions in Table 4. In situations where the applicable nutrient concentrations are achieved but the nutrient response conditions are not met as a result of nutrient enrichment, the Secretary may establish alternate nutrient concentration criteria on a site-specific basis as necessary to achieve compliance with the nutrient response conditions. All waters shall maintain a level of water quality that provides for the attainment and maintenance of the water quality standards of downstream waters.

Table 4. Nutrient Criteria for Class A(2) Waters.

| Small, High- Gradient | Medium, High- Gradient Streams¹ | Warm- Water, Medium- Gradient Streams¹ | Lakes and Reservoirs² | All Other | | --- | --- | --- | --- | --- | | Nutrient Concentrations | | | | | | Total Phosphorus (g/L) | 12³ | 15³ | 27³ | 17⁴ | | Nutrient Response Conditions | | | | | | Secchi Disk Depth (meters) | 3.2⁵ | | | | | Chlorophyll-a (g/L) | 3.8⁴ | | | | | pH | Not to exceed 8.5 standard units. | | | | | Turbidity | Consistent with the criteria in Section 3-03 B.4 of these rules. | | | | | Dissolved Oxygen | Consistent with the criteria in Section 3-03 B.1 of these rules. | | | | | Aquatic Biota, Wildlife, and Aquatic Habitat | Consistent with the criteria in Section 3-03 B.3 of these rules, implemented according to the numeric thresholds established in the Vermont Department of Environmental Conservation Biocriteria for Fish and Macroinvertebrate Assemblages in Vermont Wadeable Streams and Rivers - Implementation Phase, dated February 10, 2004 or as more recently updated. | | | | | 1. Stream type determinations made by the Secretary for application of numerical biological indices in accordance with Section 3-01 D of these rules shall be used for the application of these nutrient criteria. 2. Applies to lakes and reservoirs greater than 20 acres in surface area with a drainage area to surface area ratio less than 500:1. 3. Not to be exceeded at low median monthly flow during June through October in a section of the stream representative of well-mixed flow. 4. June through September mean not to be exceeded in the photosynthetic depth (euphotic) zone at a central location in the lake. 5. June through September mean not to be less at a central location in the lake. | | | | |

Section 04 Class B Waters

A. Management Objectives

Class B waters shall be managed to achieve and maintain a level of quality that fully supports the following designated uses:

1. Aquatic Biota, Wildlife, and Aquatic Habitat - aquatic biota and wildlife sustained by high quality aquatic habitat with additional protection in those waters where these uses were sustainable at a higher level based on Water Management Type designation.

2. Aesthetics - water character, flows, water level, bed and channel characteristics, exhibiting good aesthetic value and, where attainable, excellent aesthetic value based on Water Management Type designation.

3. Public water supply

• Suitable for use as a source for a public water supply with filtration and disinfection.

4. Irrigation of crops and other agricultural uses - suitable, without treatment, for irrigation of crops used for human consumption without cooking and suitable for other agricultural uses.

5. Swimming and other primary contact recreation - suitable for swimming and other forms of water based recreation where sustained direct contact with the water occurs and, where attainable, suitable for these uses at very low risk of illness based on Water Management Type designation.

6. Boating, fishing and other recreational uses - Suitable for these uses with additional protection in those waters where these uses are sustainable at a higher level based on Water Management Type designation.

B. Water Quality Criteria for Class B waters

In addition to the criteria specified in § 3-01 of these rules, the following criteria shall be met in all Class B waters:

1. Turbidity - The following criteria shall be achieved:

a. In Cold Water Fish Habitat waters - None in such amounts or concentrations that would prevent the full support of uses, and not to exceed 10 NTU (nepholometric turbidity units) as an annual average under dry weather base-flow conditions; and

b. In Warm Water Fish Habitat waters - None in such amounts or concentrations that would prevent the full support of uses, and not to exceed 25 NTU (nepholometric turbidity units) as an annual average under dry weather base-flow conditions.

2. Dissolved Oxygen -

The specified dissolved oxygen criteria for each designated fish habitat type will be considered absolute instantaneous minimum values. In addition, fluctuations above the minimum values shall be maintained as necessary to support aquatic habitat.

a. Cold Water Fish Habitat waters - Not less than 7 mg/l and 75% saturation at all times, nor less than 95% saturation during late egg maturation and larval development of salmonids in areas that the Secretary determines are salmonids spawning or nursery areas important to the establishment or maintenance of the fishery resource. Not less than 6 mg/l and 70% saturation at all times in all other waters designated as a cold water fish habitat, and

b. Warm Water Fish Habitat waters - Not less than 5 mg/l and 60% saturation at all times.

3. Escherichia coli -

In all Class B waters - Not to exceed a geometric mean of 126 organisms /100ml obtained over a representative period of 60 days, and no more than 10% of samples above 235 organisms/100 ml. In waters receiving combined sewer overflows, the representative period shall be 30 days. The Secretary may, by permit condition, waive compliance with this criterion during all or any portion of the period between October 31 and April 1, provided that a health hazard is not created. The Secretary shall provide written notice to the Vermont Department of Health prior to issuing a permit waiving compliance with the Escherichia coli criterion.

4. Aquatic Biota, Wildlife and Aquatic Habitat - No change from the reference condition that would prevent the full support of aquatic biota, wildlife, or aquatic habitat uses. Biological integrity is maintained and all expected functional groups are present in a high quality habitat. All life-cycle functions, including overwintering and reproductive requirements are maintained and protected. In addition, the following criteria shall be achieved:

a. In Water Management Type One waters - change from the reference condition for aquatic macroinvertebrate and fish assemblages shall be limited to minor changes in the relative proportions of taxonomic and functional components; relative proportions of tolerant and intolerant components are within the range of the reference condition. Changes in the aquatic habitat shall be limited to minimal differences from the reference condition consistent with the full support of all aquatic biota and wildlife uses.

b. In Water Management Type Two waters - change from the reference condition for aquatic macroinvertebrate and fish assembledges shall be limited to moderate changes in the relative proportions of tolerant, intolerant, taxonomic, and functional components. Changes in the aquatic habitat shall be limited to minor differences from the reference condition consistent with the full support of all aquatic biota and wildlife uses.

c. In Water Management Type Three waters - change from the reference condition for aquatic macroinvertebrate and fish assemblages shall be limited to moderate changes in the relative proportions of tolerant, intolerant, taxonomic, and functional components. Changes in the aquatic habitat shall be limited to moderate differences from the reference condition consistent with the full support of all aquatic biota and wildlife uses. When such habitat changes are a result of hydrological modification or water level fluctuation, compliance may be determined on the basis of aquatic habitat studies.

d. In all other Class B waters - no change from reference conditions that would have an undue adverse effect on the composition of the aquatic biota, the physical or chemical nature of the substrate or the species composition or propagation of fishes.

5. Nutrients

a. In all Class B waters except for segments within Lake Champlain and Lake Memphremagog, compliance with nutrient criteria shall be achieved either by compliance with the nutrient concentration values in Table 5 or by compliance with all nutrient response conditions in Table 5. In situations where the applicable nutrient concentrations are achieved but the nutrient response conditions are not met as a result of nutrient enrichment, the Secretary may establish alternate nutrient concentration criteria on a site-specific basis as necessary to achieve compliance with the nutrient response conditions. All waters shall maintain a level of water quality that provides for the attainment and maintenance of the water quality standards of downstream waters.

Table 5. Nutrient Criteria for Class B Waters Other Than Segments Within Lake Champlain and Lake Memphremagog.

| | Small, High-Gradient Streams1 | Medium, High-Gradient Streams1 | Warm-Water, Medium Gradient Streams1 | Lakes and Reservoirs2 | All Other Waters | | --- | --- | --- | --- | --- | --- | | Nutrient Concentrations | | | | | | | Total Phosphorus (g/L) | 12³ | 15³ | 27³ | 18⁴ | | | Nutrient Response Conditions | | | | | | | Secchi Disk Depth (meters) | 2.6⁵ | | | | | | Chlorophyll-a (g/L) | 7.0⁴ | | | | | | pH | Not to exceed 8.5 standard units. | | | | | | Turbidity | Consistent with the criteria in Section 3-03 B.4 of these rules. | | | | | | Dissolved Oxygen | Consistent with the criteria in Section 3-03 B.1 of these rules. | | | | | | Aquatic Biota, Wildlife, and Aquatic Habitat | Consistent with the criteria in Section 3-03 B.3 of these rules, implemented according to the numeric thresholds established in the Vermont Department of Environmental Conservation Biocriteria for Fish and Macroinvertebrate Assemblages in Vermont Wadeable Streams and Rivers - Implementation Phase, dated February 10, 2004 or as more recently updated. | | | | | | 1. Stream type determinations made by the Secretary for application of numerical biological indices in accordance with Section 3-01 D of these rules shall be used for the application of these nutrient criteria. 2. Applies to lakes and reservoirs greater than 20 acres in surface area with a drainage area to surface area ratio less than 500:1, excluding Lake Champlain and Lake Memphremagog. 3. Not to be exceeded at low median monthly flow during June through October in a section of the stream representative of well-mixed flow. 4. June through September mean not to be exceeded in the photosynthetic depth (euphotic) zone at a central location in the lake. 5. June through September mean not to be less at a central location in the lake | | | | | |

b. Lake Champlain and Lake Memphremagog

All discharges into each of the lake segments identified in Table 6, or into tributaries within the basin, shall comply with the applicable Total Maximum Daily Load (TMDL), basin plans, other applicable plans, permit limitations and any other measures adopted or approved by the Secretary reasonably designed to achieve the criteria in Table 6.

Table 6. Phosphorus Criteria for Segments Within Lake Champlain and Lake Memphremagog.

| Lake Segment (See Appendix B) | Phosphorus Criterion (mg/L as P) ¹ | | --- | --- | | Lake Champlain | | | Main Lake | 0.01 | | Malletts Bay | 0.01 | | Burlington Bay | 0.014 | | Shelburne Bay | 0.014 | | Northeast Arm | 0.014 | | Isle LaMotte | 0.014 | | Otter Creek | 0.014 | | Port Henry | 0.014 | | St. Albans Bay | 0.017 | | Missisquoi Bay | 0.025 | | South Lake A | 0.025 | | South Lake B | 0.054 | | Lake Memphremagog | | | Main Lake | 0.014 | | South Bay | 0.025 |

1. These criteria shall be achieved as the annual mean total phosphorus concentration in the photosynthetic depth (euphotic) zone in central, open water areas of each lake segment.

2. Aesthetics - The following criteria shall be achieved:

a. In Water Management Type One waters - consistently exhibit excellent aesthetic values;

b. In Water Management Type Two waters - consistently exhibit very good aesthetic values;

c. In Water Management Type Three waters - seasonal and temporal variability may be allowed provided that good aesthetics value is achieved;

d. In all other Class B waters - water of quality that consistently exhibits good aesthetic value.

7. Boating - The following criteria shall be achieved:

a. In Water Management Type One waters - to the full extent naturally feasible without degradation due to artificial flow and water level management or artificial physical impediments;

b. In Water Management Type Two waters - to the extent naturally feasible with no more than minor degradation due to artificial flow and water level management or artificial impediments, and with appropriate mitigation for artificial physical impediments;

c. In Water Management Type Three waters - to the extent feasible, and with appropriate mitigation for artificial physical impediments;

d. In all other Class B waters - a high level of quality that is compatible with boating.

Section 05 Fish Habitat Designation

To provide for the protection and management of fisheries, the waters of the State are designated in Appendix A as being either a cold or a warm water fish habitat Where appropriate, such designations may be seasonal

Section 06 Water Management Types

A. Purpose

To provide for the protection and management of Class B waters in a manner that more explicitly recognizes their attainable uses and the level of water quality protection already afforded under the anti-degradation policy (see § 1-03 of these rules), all Class B waters shall eventually be designated as being either Water Management Type 1, Type 2 or Type 3. Such Water Management Type designations shall be made by amending these rules in accordance with the provisions of applicable law and the provisions of subsection B below. Until waters are designated as a specific Water Management Type, the criteria based on such designations shall not apply.

B. Water Management Type Designation Process

The Secretary may increase or decrease the level of protection for a designated use in Class B Waters only when it is shown that:

1. the current level of protection is not in the public interest after giving due consideration to the provisions of 10 V.S.A. § 1253(e);

2. the proposed level of protection is appropriate after consideration of any recommendations of any Basin plan that pertains to the waters in question; and

3. the proposed level of protection is in compliance with all applicable federal requirements, including 40 R Section 131.10(g).

CHAPTER 4 WATER QUALITY CLASSIFICATIONS

Section 01 Classification of the Batten Kill Walloomsac and Hoosic Basin (Basin 1)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. Batten Kill | | | | | An unnamed tributary to Bromley Brook | A2 | 6/30/64 | 0.5 mile | | Description | | | | | Village of Manchester water supply. (No longer used). The first unnamed tributary to Bromley Brook and all waters within its watershed upstream of the Manchester Water Co. intake. The tributary is the first tributary on the right upstream of Bromley Brook's confluence with Bourn Brook. The intake is approximately 0.5 mile upstream of its juncture with Bromley Brook. | | | | | B. Walloomsac River | | | | | Basin Brook and Furnace Brook | A2 | 12/23/52 | 5.0 miles | | Village of North Bennington water supply. Basin Brook and all waters within its watershed to and including the North Bennington Reservoir in the Towns of Glastenbury and Shaftsbury. (Furnace Brook is not a water supply). | | | | | Bolles Brook | A2 | 7/1/71 ¹ | 5.3 miles | | Village of Bennington water supply. That portion of Bolles Brook and all waters within its watershed in the Towns of Glastenbury and Woodford upstream of the Bennington water intake. | | | | | Sucker Pond (Lake Hancock) & tributaries | A2 | 12/23/1952 | 70 acres | | Village of Bennington water supply. Lake surface and all waters within its watershed in Stamford. | | | | | Barney Brook | A2 | 7/1/71 ¹ | 1.3 miles | | Village of Bennington water supply. That portion of Barney Brook and all waters within its watershed in the Town of Woodford upstream of the water intake. | | | | | Unnamed tributary to South Stream | A2 | 7/1/71 ¹ | 1.0 mile | | Village of Bennington water supply. That a portion tributary to South Stream and all waters within its watershed in the Town of Woodford upstream of the water intake in Bennington. | | | | | C. Hoosic River | | | | | Roaring Branch | A2 | 7/1/71 ¹ | 2.3 miles | | Town of Bennington Water supply. That portion of Roaring Branch and all waters within its watershed in the Town of Stamford upstream of the water intake in Pownal. | | | | | Unnamed tributaries | A2 | 3/6/59 | 2.9 miles | | Village of Pownal water supply. That portion of unnamed tributaries and their watersheds on Mann Hill in the Town of Pownal upstream of the water intake in Oak Hill Cemetery. | | | | | Unnamed tributaries (Reservoir | (a) 0.8 miles | | | | Hollow Brook and Ladd Brook) ² | A2 | 3/6/59 | (b) 1.5 miles | | Village of North Pownal water supply. (a) Reservoir Hollow Brook and reservoir and all waters within its watershed. (Reservoir is approx. 0.5 mile upstream of the Hoosic River). | | | | | Village of Pownal water supply. (b) Ladd Brook and all waters within its watershed in the Town of Pownal. | | | | | D. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record | | ¹ The Water Resources Board did not classify these waters. They are included as a result of the 1949 and 7/1/71 legislation which defined what constituted Class A waters. ² Previously described as "unnamed tributaries" in the 3/6/59 classification proceedings. | | | |

Section 02 Classification of the PoultneyMettawee Basin (Basin 2)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Aces | | --- | --- | --- | --- | | A. Poultney River | | | | | Inman Pond | A2 | 6/15/67 | 79 acres (Pond only) | | Description | | | | | Village of Fair Haven water supply. Inman Pond and all waters within its watershed in Fair Haven. | | | | | Sucker Creek | A2 | 7/1/71 ¹ | 0.6 mile | | Village of Fair Haven water supply. Sucker Creek and all waters within its watershed upstream of the Howard Dam and Sheldon Dam, both of which are located in Fair Haven. | | | | | B. Entire Basin | | | | | All waters located above 2,500 feet altitude National Geodetic Vertical Datum unless specifically classified as A(2) above. | A1 | 5/17/86 | No record |

Section 03 Classification of the Otter Creek Basin (Basin 3)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. Upper Otter Creek | | | | | Unnamed tributary to Cold River | A2 | 2/17/61 | 2.0 miles | | Description | | | | | City of Rutland water supply. Unnamed tributary to Cold River and all waters within its watershed upstream of its diversion into the Mendon Brook watershed in Sherburne. | | | | | Mendon Brook | A2 | 2/17/61 | 6.0 miles | | City of Rutland water supply. Mendon Brook and all waters within its watershed upstream of the water intake just south of Meadow Lake Drive in the Town of Mendon. | | | | | Tenney Brook | A2 | 2/17/61 | 2.0 miles | | Rutland-Mendon Town water supply. Tenney Brook and all waters with its watershed upstream of and including a small intake impoundment. | | | | | Rutland City Reservoir | A2 | Legis. ¹ | No Record | | City of Rutland water supply. Rutland City Reservoir in Rutland Town and all waters within its watershed in Rutland Town and Mendon. | | | | | Moon Brook | A2 | Legis. ¹ | 2.0 miles | | Rutland-Mendon F.D. #2 water system. (Gleason Road System - now abandoned.) Moon Brook and all waters within its watershed in Mendon upstream of and including a small intake impoundment. | | | | | Unnamed Tributary to Tenney Brook | A2 | Legis. ¹ | 1.1 miles | | Rutland F.D. #2 (Gleason Road) water system. Unnamed tributary to Tenney Brook and all waters within its watershed in Mendon upstream of the water intake. | | | | | Young's Brook | A2 | 2/17/61 | 2.0 miles | | Village of West Rutland water supply. (No longer used). Young's Brook and reservoir and all waters within its watershed in West Rutland and Ira upstream of the water intake. | | | | | Furnace Brook and Kiln Brook | A2 | 2/17/61 | 5.5 miles | | Village of Proctor water supply. (Kiln Brook in the main source, with Furnace Brook used as a backup). Furnace Brook and Kiln Brook and all waters within their watersheds in Chittenden upstream of their confluence. | | | | | Sugar Hollow Brook | A2 | 2/17/61 | 2. 0 miles | | Town of Brandon water supply. (No longer used). Sugar Hollow Brook and all waters within its watershed in Goshen and Chittenden upstream of the water intake. | | | | | Leicester Hollow Brook | A2 | 2/17/61 | 2.0 miles | | Town of Brandon Water Supply. (No longer used). Leicester Hollow Brook and all waters within its watershed in Leicester upstream of the water intake. | | | | | B. Lower Otter Creek | | | | | Brandy Brook | A2 | 11/13/61 | 1.0 miles | | Now or former water supply for Breadloaf School. Brandy Brook and all waters within its watershed. | | | | | Unnamed tributary to Beaver Meadow Brook | A2 | 11/13/61 | 1.3 miles | | Village of Bristol water supply. Unnamed tributary to Beaver Meadow Brook and all waters within its watershed upstream of the water intake in Lincoln. | | | | | Unnamed tributary to Lewis Creek | A2 | 7/1/71 ¹ | 2.0 miles | | Village of Starksboro water supply. (No longer used). Unnamed tributary to Lewis Creek and all waters within its watershed in Starksboro upstream of the water intake. | | | | | Two unnamed tributaries to Little Otter Creek | A2 | 7/1/71 ¹ | 1.6 and 1.4 miles | | City of Vergennes water supply. (Not used since 1973). Two unnamed tributaries to Little Otter Creek and all waters within their watersheds in Monkton and Bristol upstream of two water intakes. | | | | | Notch Brook | A2 | 11/13/61 | 2.0 miles | | Village of Middlebury water supply. (Reserved for emergency use). Notch Brook and all waters within its watershed upstream of the water intake in Bristol. | | | | | Roaring Brook | A2 | 7/1/71 ¹ | 3.3 miles | | Wallingford F.D. #1 water supply. Roaring Brook and all waters within its watershed upstream of the water intake. | | | | | C. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum unless specifically classified as A(2) above. | A1 | 5/17/1986 | No record |

Section 04 Classification of the Southern Champlain Basin (Basin #4)

All waters within this basin at or below 2,500 feet altitude National Geodetic Vertical Datum are Class B.

All waters within this basin above 2,500 feet altitude, National Geodetic Vertical Datum, are Class A. No other waters are Class A.

Section 05 Classification of the Northern Champlain Basin (Basin #5)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. Lake Champlain Including Minor Tributaries | | | | | Milton Pond | A2 | 3/21/68 | 20 acres (Pond only) | | Description | | | | | Village of Milton water supply (No longer used). Milton Pond and all waters within its watershed in Milton. | | | | | Indian Brook Reservoir | A2 | 3/21/68 | 95 acres (Reservoir only) | | Former Essex Town water supply (No longer used - sold to developer). Indian Brook Reservoir and all waters within its watershed in Essex Town. | | | | | Colchester Pond | A2 | 3/21/68 | 93 acres (Pond only) | | Village of Colchester water supply. (Not used since 1974, but reserved for emergency use). Colchester Pond and all waters within its watershed in the Town of Colchester. | | | | | B. St. Albans Bay | | | | | Mill River | A2 | 6/28/54 ¹ | 62 acres (Reservoir only) | | City of St. Albans water supply. Two reservoirs which drain to the Mill River and all waters within their watersheds in the Towns of Fairfax, St. Albans, and Fairfield. | | | | | C. Entire Basin | | | | | All waters located above 2,500 feet altitude National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No Record |

Section 06 Classification of the Missisquoi Basin (Basin 6)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. Missisquoi River | | | | | Mountain Brook | A2 | 5/28/70 | 1.6 and 1.1 miles | | Description | | | | | Village of North Troy water supply. (Reserved for emergency use). Mountain Brook and a tributary and all waters within their watersheds upstream of two separate water intakes in Jay. | | | | | Coburn Brook Reservoir and tributaries | A2 | 5/28/70 | 2.0 miles | | Village of North Troy water supply. (Reserved for emergency use). Coburn Brook and Coburn Brook Reservoir in Westfield and all waters within their watersheds upstream of the water intake in Coburn Brook. | | | | | Unnamed tributary to Trout River | A2 | 5/28/70 | 0.6 mile | | Village of East Bershire water supply. Unnamed tributary to the Trout River in Enosburg and all waters within its watershed upstream of the water intake. | | | | | Hannah Clark Brook | A2 | 5/28/70 | 4.0 miles | | Village of Montgomery Ctr. water supply. (Reserved for emergency use). Hannah Clark Brook in Montogmery and all waters in its watershed upstream of the water intake. | | | | | Stanhope Brook | A2 | 5/28/70 | 5.0 miles | | Village of Richford water supply. Stanhope Brook in Richford and all waters in its watershed upstream of the water intake. | | | | | Trout Brook | A2 | 5/28/70 | 2.0 miles | | Village of Enosburg Falls water supply. (Reserved for emergency use). Trout Brook in Berkshire and all waters within its watershed upstream of the outlet of Enosburg Reservoir. | | | | | Loveland Brook | A2 | 7/1/71 ¹ | 2.0 miles | | Village of Richford water supply. Loveland Brook in Richford and all waters within its watershed upstream of the water intake. | | | | | Black Falls Brook | A2 | 7/1/71 ¹ | 5.0 miles | | Village of Montgomery Ctr. (Reserved for emergency use). Black Falls Brook in Montgomery and Richford and all waters within its watershed upstream of the water intake. | | | | | B. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above.. | A1 | 5/17/86 | No Record |

Section 07 Classification of Lamoille Basin (Basin 7)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. Lamoille River | | | | | Smith Brook | A2 | 7/1/71 ¹ | 1.6 miles | | Description | | | | | Village of Johnson water supply. Smith Brook in Johnson and all waters in its watershed upstream of the water intake. | | | | | French Hill Brook | A2 | 7/1/71 ¹ | 2.4 miles | | Village of Johnson water supply. French Hill Brook in Johnson and all waters in its watershed upstream of the water intake. | | | | | Silver Lake | A2 | 2/13/70 ¹ | 30 acres (lake only) | | City of St. Albans water supply. Silver Lake and all waters in its watershed in the Towns of Georgia and Fairfax. | | | | | Unnamed Tributary to the Lamoille River | A2 | 7/1/71 ¹ | 1.0 mile | | Village of Hardwick water supply. (No longer used). Unnamed tributary to the Lamoille River and all waters in its watershed in Hardwick upstream of the water intake. | | | | | Unnamed Tributary to the Lamoille River | A2 | 7/1/71 ¹ | 0.1 mile | | Village of Fairfax water supply. (No longer used). Unnamed tributary to the Lamoille River and all waters in its watershed in Fairfax upstream of the water intake. | | | | | B. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/27/86 | No record |

Section 08 Classification of the Winooski Basin (Basin 8)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/acres | | --- | --- | --- | --- | | A. Lower Winooski River | | | | | Unnamed tributary to Alder Brook | A2 | 6/6/69 ¹ | 0.4 mile | | Description | | | | | Former water supply for Winooski, Essex Center, Essex Jct., & Pinewood Manor (No longer used). Unnamed tributary and all waters within its watershed in Essex. | | | | | B. Middle Winooski River | | | | | Unnamed tributaries to Brook. | | | | | Formerly "Thatcher Brk & tribs" | A2 | 5/14/63 | 2.5 miles | | Village of Waterbury water supply. Unnamed tributaries to Thatcher Brook (Known locally as Tyler & Miriam Brooks). | | | | | Unnamed tributary to the West | | | | | Branch of the Little River | A2 | 7/1/71 ¹ | 1.3 miles | | Village of Stowe water supply. (Reserved for emergency use). An unnamed tributary to the West Branch of the Little River and all waters within its watershed in Stowe to the water intake. | | | | | C. Stevens Branch | | | | | Martin Brook, Reservoir & Tributaries | A2 | 8/7/69 | 3.5 miles | | City of Barre water supply. (Reserved for emergency use). Martin Brook in Williamstown and all waters within its watershed, including unnamed tributaries, to the water intake. | | | | | Bolster Reservoir and tributaries | A2 | 8/7/62 | 2.0 acres (Res.) & 2.2 miles (tribs). | | Old City of Barre water supply. (It has been disconnected). Bolster Reservoir in South Barre and all waters within its watershed including Bolster Reservoir Brook, Pecks Pond and unnamed tributaries. | | | | | Thurman W. Dix Reservoir | 119 acres & | | | | Lower Reservoir & tributaries | A2 | 8/7/62 | 9.9 miles | | City of Barre water supply. Thurman W. Dix Reservoir, Lower Reservoir and all waters within their watersheds in the Towns of Barre and Orange including Orange Brook, Nelson Brook, Nate Smith Brook and unnamed tributaries. | | | | | Unnamed brook & tributaries | A2 | 8/7/62 | 1.4 miles | | Old Village of East Barre water supply. (Reserved for emergency use). Unnamed brook and tributaries in the Town of Barre and all waters within their watersheds to the water intake. | | | | | Little John & Milne quarries | A2 | 8/7/62 | No Record | | Emergency Barre Town District #1 water supply for Village of East Barre. (Milne Quarry no longer used). Little John Quarry in Barre Town (Located just south of East Barre Village, at approx. elev. 1380'). | | | | | Standard & Consolidated Quarries | A2 | 8/7/62 | No Record | | Barre Town District #3 water supply for Websterville. Quarry Hole #1 in the Town of Barre located at approx. elev. 1420'. | | | | | Websterville emergency water supply. Location of quarry unknown. | | | | | Old Granite Quarry | A2 | 8/7/62 | No Record | | Town of Barre Fire District #4 water supply. Standard Quarry in the Town of Barre is the quarry referred to. It is located at approx. elev. 1530'. Note: All quarry holes in the Websterville/Graniteville area should be considered as reservoirs. The primary sources are springs and wells. When the wells and springs are overflowing, they are piped to the Standard Quarry. When Standard is full, it goes to the Barclay Quarry, then to the Murphy & Saldi quarries, all by gravity. | | | | | Berlin Pond | A2 | 8/7/62 | 256 acres | | City of Montpelier water supply. Berlin Pond upstream of the dam and all waters within its watershed in the Towns of Berlin, Northfield, and Williamstown. The dam is located 300' downstream of where Paine Turnpike crosses the pond. | | | | | D. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record |

Section 09 Classification of the White River Basin (Basin 9)2Section 409

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. White River | | | | | Farnsworth Brook | A2 | 12/28/77 | 2.0 miles | | Description | | | | | Village of East Braintree public water supply. Farnsworth Brook and all waters within its watershed in the Town of Braintree upstream of the water intake. | | | | | Lake Casper & Lake John | A2 | 12/28/77 | No Record | | Village of South Royalton and F.D. #1 water supply. Lake Casper and Lake John and all waters within their watersheds in the Town of Royalton. | | | | | B. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No Record |

Section 10 Classification of the OttauquecheeBlack Basin (Basin 10)

All waters within this basin are Class B except as provided for below:

| Water | Class | Date | Approx. miles/acres | | --- | --- | --- | --- | | A. Ottauquechee River | | | | | Spring and unnamed tributary to the Ottauquechee River | A2 | 11/16/67 | 0.3 miles | | Description | | | | | Village of North Hartland water supply. (Reserved for emergency use). A spring and unnamed tributary to the Ottauquechee River and all waters within its watershed upstream of the water intake. The spring and brook are located approx. 1 mile north-northwest of North Hartland Village. | | | | | Cox, Vandell and Carlton Hill Reservoirs | A2 | 11/16/67 | Approx. 2.5 miles (Stream only) | | Village of Woodstock water supply. (Private. Reserved for emergency use. Carlton Hill no longer in the system). Cox, Vandell and Carlton Hill Reservoirs in the Town of Woodstock and all waters within their watersheds. | | | | | Grant Brook (Off Jewell Brook) | A2 | 3/30/66 | Approx. 3.2 miles | | Village of Ludlow water supply. (No longer in use). Grant Brook and all waters within its watershed upstream of the flood control dam. | | | | | B. Black River | | | | | Springfield Reservoir Brook | A2 | 3/30/66 | 1.8 miles | | Village of Springfield water supply. (Reserved for emergency use). Springfield Reservoir Brook and tributaries and all waters in its watershed upstream of Springfield Reservoir. | | | | | Springfield Reservoir and tributaries | A2 | 3/30/066 | 9.8 acres | | Village of Springfield water supply. (Reserved for emergency use). Springfield Reservoir all waters within its watershed. | | | | | C. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above | A1 | 5/17/86 | No Record |

Section 11 Classification of the WestWilliams-Saxtons Basin (Basin 11)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. West-Williams-Saxtons River | | | | | Sunset Lake & Stickney Brook | A2 | 7/26/78 | 3.0 sq. miles | | Description | | | | | Town of Brattleboro water supply. Sunset Lake and Stickney Brook and all waters in their watersheds above the water intake in the Towns of Marlboro, Newfane, and Brattleboro. (Water intake is located at the so-called third dam, a distance of approx. 2.5 miles from Sunset Lake). | | | | | Styles Brooks | A2 | 7/26/78 | 1.0 sq. miles | | Stratton Corp. water supply. (Reserved for emergency use). Styles Brook and all waters in its watershed above the diversion to Styles Reservoir. | | | | | Chester Reservoir & the outlet stream above the water intake. | A2 | 7/26/78 | 1.0 sq. miles | | Village of Chester water supply. (Reserved for emergency use). Chester Reservoir, the outlet stream above the water intake and all waters within their watersheds in the Town of Chester. The water intake is approx. 0.3 mile below the reservoir. | | | | | Bolles Brook | A2 | 7/26/78 | 1.0 sq. miles | | Village of Saxtons River & Vermont Academy water supply. (Reserved for emergency use). Bolles Pond Brook and all waters in its watershed above the water intake in the Town of Rockingham. | | | | | Kidder Brook & tributaries | A1 | 10/11/89 | Approx. 2.5 miles | | That portion of Kidder Brook and all its headwaters, including named and unnamed tributaries, beginning in the Town of Stratton at an elevation of 2,500 feet and continuing downstream to its confluence with the North Branch in the Town of Jamaica. | | | | | Cobb Brook | A1 | 10/09/91 | Approx. 6.0 miles | | That portion of Cobb Brook and its tributaries beginning in the Town of Windham at an elevation of 2,500 feet and continuing downstream to its confluence with the West River in the Town of Jamaica. | | | | | Upper Reach of the Winhall River | A1 | 10/09/91 | 7.4 miles | | That portion of the upper reach of the Winhall River including the river's two principal headwaters, beginning at an elevation of 2,500' in the Town of Stratton, and continuing downstream a distance of approx. 7.4 miles to the point at which the river crosses the current boundary of the Green Mountain National Forest in the Town of Winhall. | | | | | b. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 10/09/91 | No record |

Section 12 Classification of the Deerfield Basin (Basin 12)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. Deerfield River | | | | | Haystack Pond | A2 | 1/27/1961 | 36 acres | | Description | | | | | Village of Wilmington water supply. Haystack Pond and all waters within its watershed in the Town of Wilmington. | | | | | Howe Pond and Howe Pond Brook | A2 | 1/27/1961 | 62 acres | | Village of Readsboro water supply. Howe Pond and all waters within its watershed. Howe Pond Brook and all waters within its watershed above the water intake, which is located approx. 1.1 miles downstream from Howe Pond. Both pond and brook are located in the Town of Readsboro. | | | | | Cold Brook | A1 | 10/7/1996 | 1.5 miles | | That portion of Cold Brook and its tributaries between an elevation of 2,500 feet and continuing downstream to its confluence with Mountain Brook in the Town of Dover. | | | | | B. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/1986 | No record |

Section 13 Classification of the Lower Connecticut Basin (Basin 13)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. Lower Connecticut River | | | | | Back Pond | A2 | 3/21/1968 | 2.0 acres | | Description | | | | | Village of Bellows Falls water supply. Back Pond and all water within its watershed, which is diverted to Minards Pond. Back Pond is located .1 mile north-west of Minards Pond in the Town of Rockingham. | | | | | Ellis Brook | A2 | 7/1/71 ¹ | 246 acres (watershed) | | Village of Bellows Falls water supply. Ellis Brook and all waters in its watershed above the water intake, which is situated at elev. 715' MSL in the Town of Rockingham. | | | | | Farr Brook | A2 | 7/1/71 ¹ | 154 acres (watershed) | | Village of Bellows Falls water supply. Farr Brook and all waters in its watershed above the water intake, which is located at elev. 710' MSL in the Town of Rockingham. | | | | | Unnamed tributary to Mill Brook | A2 | 7/1/71 ¹ | 1.7 miles | | Village of Ascutney water supply. (Reserved for emergency use). Unnamed tributary to Mill Brook and all waters in its watershed above the water intake. The unnamed tributary is the first tributary to Mill Brook in the Town of Weathersfield. | | | | | Pleasant Valley Reservoir | A2 | 3/21/68 ¹ | 25 acres | | Village of Brattleboro water supply. Pleasant Valley Reservoir and all waters in its watershed in the Town of Brattleboro. (Also refer to the classification of Sunset Lake & Stickney Brook - Basin #11) | | | | | Mill Brook | A2 | 3/21/68 ¹ | Approx. 3.0 miles | | Kurn Hattin School water supply. (Reserved for emergency use). Mill Brook and all water within its watershed above the water intake in the Town of Westminster. The intake is located approx. 1.0 miles upstream of its confluence with the Connecticut River. | | | | | Wright, Upper Hurricane & Lower Hurricane Reservoir | A2 | 7/1/71 ¹ | 10.4 acres | | Hartford Town water supply. Wright, Upper Hurricane and Lower Hurricane Reservoirs and all waters within their watersheds in the Town of Hartford. | | | | | B. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above | A1 | 5/17/1986 | No record |

Section 14 Classification of the StevensWells-Waits-Ompompanoosuc Basin (Basin 14)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. Waits River | | | | | Mill Pond Brook | A2 | 2/19/1960 | 3.0 miles | | Description | | | | | Village of Bradford water supply. (Reserved for emergency use). Mill Pond Brook and all waters within its watershed above the intake dam in the Towns of Fairlee, Bradford and West Fairlee. | | | | | Artificial impoundment on South Peacham Hollow Brook | A2 | 4/28/76 ¹ | No record | | Peacham Fire District #1 water supply. (The intake has been removed, and the town has gone to wells. No record of system anymore). An artificial impoundment on South Peacham Hollow Brook, and all waters within its watershed above the intake. The impoundment is located approx. 1/2 mile east of Fosters Road in the Town of Peacham. | | | | | B. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/1986 | No record |

Section 15 Classification of the Passumpsic Basin (Basin 15)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. miles/acres | | --- | --- | --- | --- | | A. Passsumpsic River | | | | | Unnamed tributary to Miller Run including Mathewson Reservoir | A2 | 4/28/76 ¹ | Approx. 1.5 miles | | Description | | | | | Village of Lyndonville water supply. (Reserved for emergency uses). Unnamed tributary to Miller Run including Mathewson Reservoir and all waters within their watersheds above the intake in the Towns of Lyndon and Sutton. | | | | | Unnamed tributary to Miller Run including Copeland Reservoir | A2 | 4/28/76 ¹ | Approx. 1.5 miles | | Village of Lyndonville water supply. (Reserved for emergency uses). Unnamed tributary to Miller Run including Copeland Reservoir and all waters within their watersheds above the intake in the Towns of Lyndon and Sutton. | | | | | Two unnamed tributaries to Sutton River | A2 | 4/28/76 ¹ | Approx. 0.8 mile | | Unknown water supply. Two unnamed tributaries to the Sutton River, near W. Burke, and all waters within their watersheds above the Murray water system intakes. | | | | | Chandler Pond | A2 | 4/28/76 ¹ | 59 acres | | Lyndonville Village water supply. (Reserved for emergency use) Chandler Pond and all waters within its watershed in the Town of Wheelock. Wheelock Pond drains to the South Wheelock Branch. | | | | | Woodworth Reservoir | A2 | 4/28/76 ¹ | No Record | | Lyndonville water supply. (Reserved for emergency use) Woodworth Reservoir and all waters within its watershed in the Town of Lyndon. Woodworth Reservoir flows to the South Wheelock Branch. | | | | | Stiles Pond | A2 | 4/28/76 ¹ | 5.5 miles 146 acres (Stiles Pond) | | St. Johnsbury Village water supply. Stiles Pond and all waters within its watershed in the Town of Waterford. Stiles Pond is in the St. Johnsbury municipal forest and flows to the Moose River. | | | | | Danville Reservoir | A2 | 4/28/76 ¹ | 2.0 miles | | Danville Fire District No. 1 water supply. Danville Reservoir on tributary of Brown Brook and all waters within its watershed in Danville. | | | | | B. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/1986 | No record |

Section 16 Classification of the Northern Connecticut Basin (Basin 16)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. Miles/Acres | | --- | --- | --- | --- | | A. Upper Connecticut River | | | | | Charles Brown Brook | A2 | 7/1/71 ¹ | 2.5 miles | | Description | | | | | Village of Norwich water supply. (Reserved for emergency use). Charles Brown Brook and all waters within its watershed above the water intake in the Town of Norwich. | | | | | Unnamed tributary to Connecticut River | A2 | 7/1/71 ¹ | 1.0 mile | | Village of Newbury water supply. An unnamed tributary to the Connecticut River and all waters within its watershed above the water intake in the Town of Newbury. The tributary is approx. one mile south of Pulaski Mt. The intake is located approx. 0.7 mile upstream of its confluence with the Connecticut River. | | | | | Unnamed tributary to Connecticut River | A2 | 7/1/71 ¹ | 0.2 mile | | Village of Bloomfield water supply. An unnamed tributary to the Connecticut River and all waters within its watershed above the water intake in the Town of Bloomfield. The intake is approx. 0.5 mile above "Basin Hole." | | | | | Unnamed tributary to Lake Morey | A2 | 7/1/71 ¹ | 1.1 miles | | Village of Fairlee water supply. (Reserved for emergency use). An unnamed tributary to Lake Morey and all waters in its watershed in the Town of Fairlee to the water intake dam, including a man-made impoundment. | | | | | B. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/1986 | No record |

Section 17 Classification of the Memphremagog Basin (Basin 17)

All waters within this basin are Class B except as provided for below:

| Waters | Class | Date | Approx. miles/acres | | --- | --- | --- | --- | | A. Lake Memphremagog and International Stream | | | | | Unnamed reservoir near Derby Line | A2 | 7/1/71 ¹ | No record | | Description | | | | | Derby Line water supply. An unnamed reservoir and all waters in its watershed in the Town of Derby. | | | | | May Pond Brook and May Pond | A2 | 10/30/87 | 13 acres | | Village of Barton water supply. May Pond Brook and all waters within its watershed in the Town of Barton above and including the water supply reservoir and May Pond. The reservoir is located approximately 3/4 mile upstream of the brook's confluence with Crystal Lake. | | | | | B. Black-Barton-Clyde Rivers | | | | | Unnamed tributary to the Black River | A2 | 2/20/75 ¹ | 1.0 mile | | Coventry Fire District #1 water supply. (Reserved for emergency use.) An unnamed tributary to the Black River and all waters within its watershed above the water intake in the Town of Coventry. | | | | | Unnamed tributary to Island Pond | A2 | 2/20/75 | 1.0 mile | | Town of Brighton water supply. An unnamed tributary to Island Pond and all waters within its watershed in the Town of Brighton above the water intake at approx. elev. of 1544.0' MSL. The tributary flows northerly to Island Pond. | | | | | Unnamed tributary to Lightning Brook | A2 | 2/20/75 | 2.0 miles | | Town of Brighton water supply. Two unnamed tributaries to an unnamed tributary to Lightning Brook and all waters in their watersheds in the Town of Brighton above the intakes. The main intake is at approx. elevation 1526.0' MSL, and the upper, more northerly intake is diverted to the main intake. | | | | | C. Entire Basin | | | | | All waters located above 2,500 feet altitude, National Geodetic Vertical Datum, unless specifically classified as A(2) above. | A1 | 5/17/86 | No record. |

Appendix A Fish Habitat Designation

A. Warm Water Fish Habitat

All wetlands, except those designated as cold water fish habitat in paragraph B below, and the following waters are designated as warm water fish habitat for purposes of these rules:

1. Battenkill, Walloomsac, Hoosic Basin

(a) Lake Hancock (Sucker Pond), Stamford

(b) Thompsons Pond, Pownal

2. Poultney, Mettawee Basin

(a) All waters west of Vermont Route 22A.

(b) Austin Pond, Hubbardton

(c) Beebe Pond, Hubbardton

(d) Billings Marsh Pond, West Haven

(e) Burr Pond, Sudbury

(f) Coggman Pond, West Haven

(g) Echo Lake (Keeler Pond) Hubbardton/Sudbury

(h) Half Moon Pond, Hubbardton

(i) Hinkum Pond, Sudbury

(j) Lake Hortonia, Hubbardton/Sudbury

(k) Inman Pond, Fair Haven

(l) Lily Pond, Poultney

(m) Little Pond, Wells

(n) Love's Marsh, Castleton

(o) Mill Pond (Parson's Mill Pond), Benson

(p) Northeast Developer's Pond, Wells

(q) Old Marsh Pond, Fair Haven

(r) Pine Pond, Castleton

(s) Poultney River from Carvers Falls in West Haven to its confluence with Lake Champlain

(t) Sunrise Lake, Benson/Orwell

3. Otter Creek, Little Otter Creek and Lewis Creek Basin

(a) All waters lying west of Vermont Route 22A and south of the City of Vergennes.

(b) Brilyea East Pond, Addison

(c) Brilyea West Pond, Addison

(d) Chipman Lake (Tinmouth Pond), Tinmouth

(e) Danby Pond, Danby

(f) East Creek Site I, Orwell

(g) Fern Lake, Leicester

(h) Lemon Fair River

(i) Mud Pond, Leicester

(j) Otter Creek from the outfall of the Proctor wastewater treatment facility in Proctor, to its confluence with Lake Champlain, except that portion between the Beldens Dam and the Huntington Falls Dam in New Haven/Weybridge.

(k) Richville Pond, Shoreham

(l) Stone Bridge Pond, Panton/Addison

(m) Wallingford Pond, Wallingford

Lower Lake Champlain Basin

(a) Lake Champlain south of the Crown Point Bridge.

(b) Lake Champlain, between the Crown Point Bridge and the Ferrisburg-Charlotte town boundary, where depths are less than 25 feet at Low Lake Level (93 feet NGVD) - June 1, through September 30, only.

(c) Perch Pond, Benson

5. Upper Lake Champlain Basin

(a) All streams, creeks and brooks lying with Grand Isle County.

(b) Lake Carmi, Franklin(c)

(c) Lake Champlain, between the Ferrisberg-Charlotte town boundary and the Canadian boundary, where depths are less than 25 feet at Low Lake Level (93 feet NGVD) - June 1, through September 30, only.

(d) Cutler Pond, Highgate

(e) Holmes Creek, Charlotte,

(f) Indian Brook, Colchester from Vermont Routes 2 & 7 to its confluence with Lake Champlain

(g) Lake Iroquois, Hinesburg/Williston

(h) LaPlatte River from its confluence with Patrick Brook in Hinesburg extending downstream to the Spear Street extension bridge in Charlotte annually from the period June 1 through September 30, only.

(i) Long Pond, Milton

(j) Lower Lake, (Lake Sunset), Hinesburg

(k) Malletts Creek, Colchester, from Vermont Routes 2 & 7 to its confluence with Lake Champlain

(l) Milton Pond, Milton

(m) Mud Creek Pond, Alburg

(n) Murr (Monroe) Brook, Shelburne

(o) Rock River from the Canadian boundary to its confluence with Lake Champlain

(p) Round Pond, Milton

(q) St. Albans Reservoir (N), Fairfax

(r) Stevens Brook, St. Albans

6. Missisquoi Basin

(a) Metcalf Pond, Fletcher

(b) Fairfield Pond, Fairfield

(c) Fairfield Swamp Pond, Fairfield

(d) Missisquoi River from the outfall of the Enosburg Falls wastewater treatment facility to the Swanton Dam Swanton

7. Lamoille Basin

(a) Arrowhead Mountain Lake, Milton/Georgia

(b) Flagg Pond, Wheelock

(c) Halfman Pond, Fletcher

(d) Hardwick Lake, Hardwick

(e) Horse Pond, Greensboro

(f) Lake Elmore, Elmore

(g) Lamoille River from the Peterson Dam in Milton to its confluence with Lake Champlain - June 1, through September 30, only.

(h) Long Pond (Belvidere Pond), Eden

(i) Long Pond, Greensboro

(j) Tuttle Pond, Hardwick

(k) Wapanaki Lake, Wolcott

8. Winooski Basin

(a) Berlin Pond, Berlin

(b) Bliss Pond, Calais

(c) Coits Pond, Cabot

(d) Cranberry Meadow Pond, Woodbury

(e) Curtis Pond, Calais

(f) Gillett Pond, Richmond

(g) Harwood Pond, Elmore

(h) Molly's Pond, Cabot

(i) North Montpelier Pond, East Montpelier/Calais

(j) Richmond Pond, Richmond

(k) Shelburne Pond, Shelburne

(l) Sodom Pond, East Montpelier/Calais

(m) Valley Lake (Dog Pond), Woodbury

(n) Winooski River from Green Mountain Power Corporation #19, in Essex/Williston to its confluence with Lake Champlain - June 1, through September 30, only.

9. White River Basin

(a) Lamson Pond, Brookfield

(b) Silver Lake, Barnard

10. Ottauquechee, Black Basin

(a) Black River from the Lovejoy Dam in Springfield to its confluence with the Connecticut River - June 1, through September 30, only.

(b) Deweys Mill Pond, Hartford

(c) Lake Ninevah, Mount Holly

(d) Lake Pinneo, Hartford

(e) North Hartland Reservoir, Hartland/Hartford

(f) North Springfield Reservoir, Springfield/Weathersfield

(g) Ottauquechee River from the North Hartland Dam in Hartland to its confluence with the Connecticut River.

11. West, Williams, and Saxtons Basin

(a) Burbee Pond, Windham

(b) Cole Pond, Jamaica

(c) Lily Pond, Londonderry

(d) Lowell Lake, Londonderry

Deerfield Basin

(a) Gates Pond, Whitingham

(b) Grout Pond, Stratton

(c) Howe Pond, Readsboro

(d) Jacksonville Pond, Whitingham

(e) North Pond, Whitingham

(f) Sadawaga Pond, Whitingham

(g) Shippee Pond, Whitingham

13. Lower Connecticut, Mill Brook Basin

(a) Lake Runnemede (Evart's Pond), Windsor

(b) Lily Pond, Vernon

(c) Mindards Pond, Rockingham

14. Stevens, Wells, Waits, Ompompanoosuc Basin

(a) Lake Abenaki, Thetford

(b) Ticklenaked Pond, Ryegate

(c) Waits River from the CVPS Dam in Bradford to its confluence with the Connecticut River - June 1, to September 30.

Passumpsic Basin

(a) Bruce Pond, Sheffield

(b) Chandler, Wheelock

(c) Keiser Pond, Peacham/Danville

Upper Connecticut, Nulhegan, Willard Stream, Paul Stream Basin

(a) Dennis Pond, Brunswick

(b) Halls Lake, Newbury

(c) Harriman Pond, Newbury

(d) Lake Morey, Fairlee

(e) Lower Symes Pond, Ryegate

(f) Stevens Pond, Maidstone

17. Lake Memphremagog, Black, Barton, Clyde, Coaticock, Basin

(a) Daniels Pond, Glover

(b) Lake Derby, Derby

(c) Long Pond, Sheffield

(d) Little Hosmer Pond, Craftsbury

(e) Mud Pond, Craftsbury

(f) Mud Pond, (North) Morgan

(g) Tildy's Pond (Clark Pond), Glover

(h) Toad Pond, Charleston

(i) Turtle Pond, Holland

B. Cold Water Fish Habitat

1. All waters not designated as warm water fish habitat by subsection A are hereby designated as cold water fish habitat for purposes of these rules.

2. The following wetlands are designated as cold water fish habitat:

(a) Those wetlands adjacent to the Dog River and its tributaries from the headwaters of the Dog River to the point where it first crosses State Aid highway #62 in Roxbury, a distance of approximately 1.5 miles.

(b) Those wetlands adjacent to the headwaters of the Winhall River and its tributaries on the east and west side from the outlet of Stratton Pond to the Stratton-Winhall boundary, a distance of approximately 2.0 miles.

(c) Those wetlands adjacent to the Batten Kill River from a point .75 miles north of East Dorset and extending to its confluence with Dufresne Pond in Manchester, a distance of approximately 5.5 miles.

(d) Those wetlands adjacent to the New Haven River and its tributaries from its confluence with Blue Bank Brook in Lincoln upstream to the headwaters of the respective tributaries, a distance of approximately 1.75 miles.

Appendix B Phosphorus Criteria Section 3-01(A)(2)(c), Description of Lake Champlain and Lake Memphremagog segments

| Segment | Description | | --- | --- | | Lake Champlain | | | Missisquoi Bay | Area north of East Alburg (Route 78) bridge and south of the international border. | | Isle La Motte | Area within Vermont waters west of Grand Isle and North Hero Islands, and north of a line from Cumberland Head, NY to Wilcox Point on Grand Isle. | | St. Albans Bay | Area northeast of a line from Hathaway Point to Lime Rock Point. | | Northeast Arm | Area within Vermont Waters east of Grand Isle and North Hero Islands, and north of the Sandbar Bridge, excluding St. Albans Bay, and including the large bays on Grand Isle and North Hero. | | Malletts Bay | Area south of Sandbar Bridge and east of the causeway from Colchester Point to Grand Isle. | | Main Lake | Area within Vermont waters south of a line from Cumberland Head, NY to Wilcox Point on Grand Isle, and north of a line from Split Rock Point, NY to Thompsons Point, VT, excluding Malletts Bay, Burlington Bay and Shelburne Bay. | | Burlington Bay | Area east of a line from Lone Rock Point to Oakledge. | | Shelburne Bay | Area south of a line from Shelburne Point to Red Rock Point. | | Otter Creek | Area within Vermont waters south of a line from Split Rock Point, NY to Thompsons Point, VT, and north of a line from Rock Harbor, NY to Basin Harbor, VT. | | Port Henry | Area within Vermont waters south of a line from Rock Harbor, NY to Basin Harbor, VT, and north of Crown Point Bridge. | | South Lake A | Area within Vermont waters south of Crown Point Bridge and north Benson Landing. | | South Lake B | Area within Vermont waters south of Benson Landing. | | Lake Memphremagog | | | Main Lake | Area within Vermont waters north of the Route 5 Bridge. | | South Bay | Area south of the Route 5 bridge and north of the mouth of the Barton River. |

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 1252(e), 1253 and 6025
• EFFECTIVE DATE: December 1995
• AMENDED: February 13, 1996 Secretary of State Rule Log # 96-13; October 7, 1996 Secretary of State Rule Log # 96-58; April 21, 1997 Secretary of State Rule Log # 97-13; April 1, 2000 Secretary of State Rule Log # 00-21 (Appendix A only); July 2, 2000 Secretary of State Rule Log # 99-26; February 9, 2006 Secretary of State Rule Log # 06-003; January 1, 2008 Secretary of State Rule Log #07-051; December 30, 2011 Secretary of State Rule Log #11-050; October 30, 2014 Secretary of State Rule Log #14-035

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 053 FALCONRY REGULATIONS (10 V.S.A. APP. section 11)

12-053 Code Vt. R. 12-010-053-X FALCONRY REGULATIONS (10 V.S.A. APP. section 11)

Section 1 Purpose

This rule is adopted pursuant to 10 V.S.A. § 4278. In adopting this rule, the commissioner establishes specific requirements for ensuring that holders of falconry permits are qualified and that the birds they possess are legally acquired and appropriately cared for. This regulation defines required raptor housing facilities and falconry equipment, legal means of taking, lawful species, ages and numbers of raptors that may be taken and possessed, banding requirements, and other restrictions on the practice of falconry.

Section 2 Definitions

(a) "Apprentice" permittee means a person meeting the requirements of 5(a) of this rule.

(b) "Commissioner" means the Commissioner of the Vermont Department of Fish and Wildlife or his/her designee.

(c) "Department" means the Vermont Department of Fish and Wildlife.

(d) "Permit" means a written authorization issued by the Department to take and possess raptors and to practice the sport of falconry issued pursuant to 10 V.S.A. § 4278(b).

(e) "Falconry" means the sport of hunting by use of trained raptors, including the training, feeding and handling of such raptors and their recapture after being released for hunting or training.

(f) "Falconer" means a person who possesses a raptor for the purposes of Falconry under this rule.

(g) "General" permittee means a person meeting the requirements of 5(b) of this rule.

(h) "Master" permittee means a person meeting the requirements of 5(c) of this rule.

(i) "Passage Bird" means a wild bird less than one year old.

(j) "Raptor" means all species and hybrids of the orders Strigiformes (hawks, eagles, and kites).

(k) "Sponsor" means a General or Master Falconer, currently permitted by Vermont, or another state, who has agreed to advise and train a holder of an Apprentice permit.

(l) "USFWS" means U.S. Fish and Wildlife Service.

Section 3 Application Requirements Qualifications for Appointment

(a) An applicant for a falconry permit must:

(1) be at least sixteen (16) years old and a resident of Vermont;

(2) not have a license under revocation for violation Title 10, Part 4.

(3) submit to the Department, on a form prepared and furnished by the Department, an application for a falconry permit, to include:

(i) the applicant's name, address, telephone number, and date of birth and the location of his or her raptor housing facilities;

(ii) the number of raptors the applicant possesses at the time the application is submitted, including the species, age (if known), sex (if known), date of acquisition, and source of each;

(iii) the class of permit requested, including the name, address, and signature of sponsor, if required;

(iv) a listing of falconry permits previously held by the applicant;

(v) an account of the applicant's experience and training in falconry;

(vi) an original, certification by the applicant concerning the validity of the information, or the signature of a parent or guardian if the applicant is under the age of eighteen (18) years;

(4) complete a supervised written examination on basic biology, care, and handling of raptors. The examination shall be given by the Department at a state-approved site. Successful completion requires a minimum score of eighty five (85) percent. An applicant who fails the exam may retake it no sooner than sixty (60) days; and

(5) submit to the Department a permit fee in accordance with Section 4(a).

(b) The Commissioner may issue a permit to an applicant who meets the requirements of this rule.

Section 4 Permit Terms

(a) Term of permit. A Vermont falconry permit is issued for three (3) years, unless amended or revoked. A permitted Apprentice or General Falconer may apply for a permit of higher class while possessing an unexpired permit without paying additional fees.

(b) Compliance. Permittees shall comply with all terms under this regulation and all terms under federal falconry standards issued by the USFWS, including proper filing of electronic federal Migratory Bird Acquisition and Disposition Reports (Form 3-186A). A copy of each federal report shall be submitted to the Department.

(c) Revocation of permit. The Commissioner may revoke a permit and seize raptors held under the permit if the Commissioner finds that the permittee:

(1) failed to properly and humanely care for the raptors held under the permit;

(2) allowed the raptors held under the permit to become a public nuisance;

(3) failed to comply with any of the terms or conditions of the falconry permit.

(d) Raptors seized under this section shall be released to the wild, transferred to another permittee, or disposed of as directed by the Commissioner.

Section 5 Classes of Permits

Permits shall be issued in three classes based upon the age and experience of the applicant.

(a) Apprentice. Holders of an Apprentice permit shall:

(1) be at least sixteen (16) years old;

(2) obtain a sponsor who will consent to train and advise the permittee for a minimum of twenty (20) hours annually for the first two (2) years;

(3) notify the Department in writing within ten (10) days after his or her sponsorship has been withdrawn for any reason, and notify the Department within ten (10) days of obtaining a new sponsor.

(4) find a sponsor within ninety (90) days following the withdrawal of a previous sponsor. If an Apprentice fails to obtain a new sponsor and notify the Department within ninety (90) days, the Apprentice will surrender any raptors possessed under this rule to the Department.

(b) General. Holders of a General permit shall:

(1) be at least eighteen (18) years old;

(2) have a minimum of two (2) years experience in the practice of falconry at the Apprentice level or its equivalent, including maintaining, training, flying, and hunting the raptor(s) for at least 4 months in each year, to be verified in writing by a sponsor of the applicant who also recommends applicant for a permit; or verified by a state agency that has previously issued a permit to the applicant; or by other proof deemed appropriate by the Commissioner.

(c) Master. Holders of a Master permit shall:

(1) have a minimum or five (5) years experience in the practice of falconry at the General class level or its equivalent, to be verified by the state agency that has previously issued a permit to the applicant, or by other proof deemed appropriate by the Commissioner.

(d) Sponsor. A General permittee shall sponsor no more than one (1) Apprentice permittee at a time. A Master permittee shall sponsor no more than two (2) Apprentice permittees at a time.

(e) Out of State Permits: Upon moving to Vermont, any falconer who holds a valid falconry permit from another state may use that state's permit for a period of no more than six (6) months when applying for a Vermont falconry permit. After six months, the person must have a Vermont falconry permit in order to engage in falconry in Vermont.

Section 6 Facilities and Care

(a) Facilities. Prior to acquiring a raptor, the permittee shall possess or have access to suitable raptor housing facilities that have passed inspection by the Department. The facilities shall provide for protection from the environment, predators, and undue disturbance and shall include the following:

(1) Indoor facilities (mews) shall be large enough to allow easy access for caring for the raptors housed in the facility.

(i.) If more than one (1) raptor is to be kept in a mews, the raptors shall be tethered or separated by partitions and the area for each bird shall be large enough to allow the bird to fully extend its wings.

(ii.) There shall be at least one (1) window, protected on the inside by vertical bars, spaced narrower than the width of the bird's body, and a secure door that can be easily closed.

(iii.) The floor of the mews shall permit easy cleaning and be well drained.

(iv.) Suitable perches, of sufficient diameter and space for injury-free landings and take-offs, shall be provided.

(2) An outdoor facility, or (weathering area) shall be fenced and covered with netting or wire, or roofed to protect the bird or birds from disturbance and attack by predators, except that perches more than 6 1/2 feet high need not be covered or roofed.

(i.) The enclosed areas shall be large enough to insure the birds cannot strike the fence when flying from the perch.

(ii.) Protection from excessive sun, wind, and inclement weather shall be provided for each bird.

(iii.) The enclosure must contain suitable perches for the species housed there.

(3) Alternative housing is allowable so long as it is more protective of animal health and welfare than those specified above.

(b) Equipment. Prior to acquiring a raptor, the permittee shall have suitable equipment that has passed inspection by the Department. The permittee shall have the following equipment in his or her possession:

(1) Jesses. At least two (2) pairs of Aylmeri jesses or similar type constructed of pliable, high-quality leather or suitable synthetic material to be used when any raptor is flown free. Traditional one-piece jesses may be used on raptors when not being flown free.

(2) Leashes and swivels. At least two (2) leashes and two (2) strong swivels of acceptable falconry design.

(3) Bath container. At least one (1) suitable container for each raptor, two (2) to six (6) inches deep and wider than the length of the raptor, for drinking and bathing.

(4) Outdoor perches. At least one (1) weathering area perch of an acceptable design for each raptor.

(5) Weighing device. A reliable scale or balance suitable for weighing the raptor(s) held, and graduated to increments of not more than one (1) gram.

(c) Maintenance. All facilities and equipment shall be kept at or above the preceding standards at all times.

(d) Food. Adequate food shall be provided at appropriate intervals for each raptor according to its age and condition. Adequate food shall mean sufficient quantity and nutritional value to maintain a normal body weight and healthy physiological function. All foods shall be served in a clean and sanitary manner.

(e) Medical care. The permittee shall provide the Department with a written statement from a veterinarian stating his/her qualifications and a willingness to work with raptors on an ongoing basis prior to the permittee's possession of a raptor.

(f) Transportation and temporary holding. A raptor may be transported or held in temporary facilities comparable to those required for permanent housing (including but not limited to adequate perching, bathing and protection from natural elements) for a period not to exceed thirty (30) days.

(g) Inspection. Permitees and applicants shall allow the Department to inspect their facilities, equipment, and raptors for compliance with permit standards. An inspection may be made at reasonable hours of the day with seventy two (72) hours notice. The notice requirement is waived when there are grounds to believe that the standards set forth in this rule are not being met.

Section 7 Capture of Wild Raptors for Falconry

(a) Only passage (hatching year) Red-tailed Hawks (Buteo jamaicensis) and Goshawks (Accipiter gentili) may be captured for falconry. Nestlings (eyass) and adult birds may not be taken for falconry.

(1) The raptors may be captured from 1 September through 25 January, inclusive.

(2) The permittee may use traps, nets and other legal methods of raptor capture that do not cause injury or lethal stress. It is illegal to use steel-jawed traps, gins, pole traps or jump traps.

(3) Each capture device shall be identified legibly with an attached tag bearing the permittee's name and address.

(4) Each deployed capture device shall be inspected at least once each calendar day.

(5) Any raptor not retained for falconry shall be immediately released.

(b) Landowner permission. Prior to attempting to capture a raptor, a permittee shall obtain permission from the owner of private property on which the activity will occur.

(c) Land closure. The Commissioner may close any area of the state to the taking of raptors.

(d) Recapture of escaped raptors. A permittee may recapture an escaped raptor that was legally acquired and held. The bird may be recaptured by legal means at any time by a permitted falconer to be returned to the falconer who last possessed the escaped bird.

Section 8 Species and Possession Limits

(a) Permit class restrictions.

(1) An Apprentice permittee may not possess more than one (1) raptor and may not obtain more than one (1) raptor for replacement from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor. An apprentice may temporarily possess the raptors of the apprentice's sponsor.

(2) A General permittee may not possess more than two (2) raptors and may not obtain more than two (2) raptors for replacement from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor.

(3) A Master permittee may not possess more than three (3) raptors and may not obtain more than two (2) raptors taken from the wild during any twelve (12) month period calculated from the first day of possession of the first raptor. A Master permittee may obtain no more than three (3) raptors from all sources during any twelve (12) month period calculated from the first day of possession of the first raptor.

(b) Specifies restrictions.

(1) An apprentice permittee may only possess Red-tailed Hawk taken from the wild as a passage bird. The Apprentice may capture a Red-tailed Hawk only under the supervision of the sponsor.

(2) General or Master permittees may take and possess raptors according to the following limitations:

(i) A Master permittee may only take passage Red-tailed Hawks and Goshawks from the wild.

(ii) A General permittee may take only passage Red-tailed Hawks from the wild.

(iii) A Master or General permittee may petition the commissioner for authorization to capture a passage bird of another species.

(iv) Provided that possession is allowed in accordance with state and federal law, a General or Master permittee may possess a captive-bred bird, born and raised beyond two (2) weeks in captivity. The permittee shall keep complete and accurate records of all transactions conducted under this clause, including the name, address, and permit number of the transferee; the day, month, and year of the transaction or disposition; the sale price or other consideration involved in the transaction or disposition; and the species, sex, age, origin, and pedigree (lineage) of the raptor or raptors involved.

(c) Raptors taken for other purposes. Raptors of any age captured under depredation or special use permits, or seized under Section 4(c) may be acquired by a General or Master permittee. Such raptors are counted as part of the permittee's possession limit.

(d) All raptors possessed under this rule shall be banded with readily identifiable bands. Goshawks shall be banded with non-reusable bands.

Section 9 Importation, Exportation, Seizure, Sale, Trade and Release of Raptors

(a) Importation. Raptors brought into Vermont may be imported only under the authority of an importation permit from the Commissioner to a permitted falconer in accordance with 10 V.S.A. § 4709.

(1) Importation permits shall not be issued for the possession of species that are specifically prohibited by these regulations, by laws of the exporting state, the laws of the State of Vermont, or by regulations of the federal government.

(2) A nonresident falconer may temporarily bring raptor(s) he or she legally possesses into Vermont.

(b) Exportation. Raptors taken in Vermont shall not be permanently transferred or exported to another state without written authorization from the Commissioner.

(c) Seizure. The Commissioner may seize a raptor if the person in possession of the raptor does not have a valid permit as required by these rules.

(d) Sale of raptors. Pursuant to 10 V.S.A. § 4902, a permittee may not sell, purchase, barter, or offer to sell, purchase or barter any raptor taken from the wild.

(e) Transfer. A permittee may transfer a legally-held raptor to another permittee according to the restrictions in Section 9, including the electronic filing of the federal form 3-186A.

(f) Release, Transfer or Euthanization.

(1) A wild falconry raptor captured in Vermont that can survive for an extended period in the wild may be intentionally released in Vermont. Prior to release, any non-federal band shall be removed and surrendered to the Department, and a standard federal bird band shall be attached to the bird by the Department or a federally-permitted bird bander.

(2) With the written authorization of the Commissioner, a wild falconry raptor captured in Vermont that is incapable of surviving for an extended period in the wild may:

(i) be transferred to an approved educational facility, or to a breeding or rearing facility that holds a scientific collection permit for the species.

(ii) be transferred to a licensed wildlife rehabilitator.

(iii) upon a veterinarian's recommendation a raptor may be euthanized in a manner that minimizes pain and stress, and the carcass disposed of either by donation to a public scientific or educational organization permitted to receive wild animals, or by burial or incineration. Notice of euthanization of any raptor possessed under this rule shall be provided the Commissioner within ninety six (96) hours.

(3) Captive-bred birds shall not be released into the wild.

Section 10 Reporting Requirements

(a) Upon the loss or addition of any raptor held under a falconry permit, the falconer shall report such a loss or addition by filing form 3-186A within five (5) days of any such transaction. Such losses or additions shall include any takings, purchases, deaths, transfers, and dispositions of raptors held under a permit.

(b) A raptor possessed under authority of a falconry permit may be temporarily held by a person other than the permittee if that person is otherwise authorized to possess raptors, and if the raptor is accompanied at all times by a copy of the properly completed form 3-186A (Migratory Bird Acquisition/Disposition Report) designating the permittee as the possessor of record, and by a signed, dated statement from the permittee authorizing the temporary possession.

Section 11 Hunting with Raptors

(a) Any resident hunting with a raptor in Vermont must possess a valid falconry permit and a valid Vermont hunting or combination fishing and hunting license.

(b) Any nonresident hunting with a raptor in Vermont must possess a valid falconry permit from his or her state of residence and a valid Vermont non-resident hunting or combination fishing and hunting license.

(c) A falconry permittee must possess both valid Vermont and federal Migratory Waterfowl Hunting stamps before hunting migratory waterfowl.

(d) A falconry permittee hunting ducks, coots, geese, brant, swans, doves, woodcock, rails, snipe, sandhill cranes, or gallinules must be registered with the Harvest Information Program (HIP).

(e) A falconer whose raptor kills wildlife that is out of season or the taking of which is otherwise prohibited shall leave the dead wildlife where it lies, except that the raptor may feed upon the wildlife prior to leaving the site of the kill. The permittee shall report the kill to a Vermont state game-warden within twenty four (24) hours. (1995, Fish and Wildlife Commissioner's Reg. No. 1006, eff. Aug. 27, 1994; 2013, Fish and Wildlife Board Reg. eff. January 1, 2014.)

History

• STATUTORY AUTHORITY: 10 V.S.A. § 4278
• EFFECTIVE DATE: August 27, 1994 Secretary of State Rule Log #94-56
• AMENDED: January 1, 2014 Secretary of State Rule Log #13-014

Chapter 054 PRIMARY PHYSICAL & BEHAVIORAL WOLF CHARACTERISTICS

12-054 Code Vt. R. 12-010-054-X PRIMARY PHYSICAL & BEHAVIORAL WOLF CHARACTERISTICS

The following are some general characteristics common to wolves:

Wolves have large heads, long muzzles (distance from the eyes to the top of the nose), and proportionately larger canines than domestic dogs. Wolf eyes appear slanted when viewed head on and are most often yellow in color. Built for speed and agility, wolves are lanky with narrow chests, long legs, and large feet. They often appear "bonier" than domestic dogs. Their front legs are quite close together and front feet toe out. The rear legs of a wolf tend to be cow-hocked or turned in. While a domestic dog will often carry his tail curved up over its back, a wolf carries its tail straight out or down (a dominant wolf will sometimes hold it straight up). Wolves and occasionally some northern breeds of dog, have an obvious gland located halfway down the top of the tail. That gland called the supra caudal gland functions as a scent carrier. The size of the supra caudal gland varies from that of a dime to 1 1/2 inches in diameter. The hair covering the gland will usually contrast with the hair color of the tail and is often quite course. Wide tufts of hair often project outward and downward from a wolf's ears, framing the face.

In the wild, the wolf is a social animal, living in family groups, or packs. There are social hierarchies within the pack and being a dominant member is an important survival tool. Dominant animals rule with aggressive behavior, and wolves within packs will constantly test one another. Wolves will watch for signs of weakness in pack members or prey and take advantage of the weakness through aggressive behavior.

Wolves, because of the hunting instinct, are genetically programmed to track and pounce (seemingly without provocation) upon small, erratically behaving, vocalizing individuals who may, to the wolf, seem to be distressed. Small children often appear to a wolf to be distressed prey. Running or yelling on the part of a child can trigger a predatory response in a wolf. This instinctive response is almost impossible to alter through socialization or training.

Wolves are hyperactive compared to dogs and extremely curious or inquisitive. They may be shy around people and are extremely difficult to restrain. In the wild, wolves may range up to 30 to 125 miles per day and from a standing position can jump vertically 6 to 8 feet.

History

• Effective Date: May 13, 1995 (Secretary of State Rule Log # 95-34)

Chapter 055 HATCHERY BROOK CLOSURE - GRAND ISLE (ED WEED) FISH HATCHERY

12-055 Code Vt. R. 12-010-055-X HATCHERY BROOK CLOSURE - GRAND ISLE (ED WEED) FISH HATCHERY

REGULATION 1012 HATCHERY BROOK CLOSURE

That portion of the so-called Hatchery Brook, located in the Town of Grand Isle to the south of the Fish Hatchery Buildings, from the mouth of the brook at Gordon's Landing, Lake Champlain, upstream approximately 1,150 feet to the main Hatchery driveway off Bell Hill Road shall be closed to all fishing.

History

• Effective Date: January 2, 1996 (Secretary of State Rule Log #95-89)

Subagency 004 NATURAL RESOURCES BOARD

Chapter 056 VERMONT WETLANDS RULES

12-056 Code Vt. R. 12-004-056-X VERMONT WETLANDS RULES

Section 1 General

1.1 Purpose and Applicability

It is the policy of the State of Vermont to identify and protect significant wetlands and the values and functions which they serve in such a manner that the goal of no net loss of such wetlands and their functions is achieved.

These rules are adopted under the authority of the Water Resources Panel of the Vermont Natural Resources Board (Panel) pursuant to 10 V.S.A. § 6025(d)(5). This statute limits the applicability of these rules to those wetlands which are so significant that they merit protection in this program. Wetlands that are not significant should be assumed to have public value, and therefore may merit protection under other statutory or regulatory authority.

Except as provided for below, these rules shall apply to all other land uses occurring within a significant wetland or its associated buffer zone that are commenced after February 23, 1990. These rules shall not apply to any land use for which:

(1) a complete application for all local, state and federal permits related to either the regulation of land use or the protection of wetlands had been submitted as of February 23, 1990, and where the applicant does not subsequently file an application for a permit amendment in a way that would have an undue, adverse impact on a protected function of a significant wetland, and substantial construction of the project commences within two years of the date on which all such local, state and federal permits become final;

(2) all local, state and federal permits related to either the regulation of land use or the protection of wetlands had been obtained as of February 23, 1990 and where substantial construction of the project commenced by February 23, 1992; or

(3) no local, state or federal permits related to either the regulation of land use or the protection of wetlands are required and where substantial construction was commenced prior to February 23, 1990.

1.2 Enforcement

Violations of these rules are subject to enforcement under applicable Vermont law including, but not necessarily limited to, the provisions of 10 V.S.A. §§ 1272, 1274, 1275, 8001-8016, and 8221 and 3 V.S.A. § 2822.

Section 2 Definitions

For the purposes of these rules, the terms below shall have the following meanings unless a different meaning clearly appears from the context. Examples are illustrative only and not exhaustive.

2.01 Alpine Peatland means a peat-accumulating wetland occurring in small bedrock basins at or above 3,500 feet in elevation, on only a few of Vermont's highest summits. Typical species include alpine bilberry, leatherleaf, Labrador tea, black crowberry, cottongrass, Bigelow's sedge, and Sphagnum.

2.02 Aquatic Life means all organisms that, as a part of their natural life cycle, live in or on waters. Aquatic life is synonymous with Aquatic Biota as defined in the Vermont Water Quality Standards.

2.03 Board means the Natural Resources Board.

2.04 Bog means an acidic wetland that is isolated from mineral-rich groundwater sources by deep peat accumulation and therefore receives most of its water and nutrients from precipitation. Typical species include Sphagnum, leatherleaf, bog laurel, small cranberry, stunted black spruce, pitcher plant, three-seeded sedge, and other sedges.

2.05 Buffer zone means the area contiguous with a significant wetland which serves to protect those values and functions sought to be preserved by its designation, consistent with 10 V.S.A. § 902(9).

2.06 Class I wetland means a wetland that:

(A) is identified on the Vermont significant wetlands inventory maps as a Class I wetland; or

(B) the Panel determines, based on an evaluation of the extent to which the wetland serves the functions and values set forth at 10 V.S.A. § 6025(5)(A)-(K) and in Section 5 of these rules, is exceptional or irreplaceable in its contribution to Vermont's natural heritage and, therefore, merits the highest level of protection. See 10 V.S.A. § 902(6).

2.07 Class II wetland means a wetland other than a Class I or Class III wetland that:

(A) is a wetland identified on the Vermont significant wetlands inventory maps; or

(B) the Secretary determines merits protection, based on an evaluation of the extent to which the wetland serves the functions and values set forth at 10 V.S.A. § 6025(d)(5)(A)-(K) and Section 5 of these rules, either taken alone or in conjunction with other wetlands. See 10 V.S.A. § 902(7).

2.08 Class III wetland is a wetland that is neither a Class I nor a Class II wetland. See 10 V.S.A. § 902(8).

2.09 Compensation means the mitigation of undue adverse impacts on the protected functions of significant wetlands by the replacement of those protected functions lost or impaired, through wetland creation, restoration, enhancement or preservation. Compensation may also include payment of fees to a federal "in-lieu fee" program or mitigation bank that has been approved by the Secretary.

2.10 Contiguous means sharing a boundary or touching. This shall include situations where a structure, such as a road or railroad, divides a wetland and there is surface water connection over, through or under that structure.

2.11 Dredge means lowering the bottom elevation or any cleaning, deepening, widening, or excavating, either temporarily or permanently.

2.12 Emergent Vegetation means erect, rooted herbaceous (nonwoody) plants that may be flooded at the base but do not tolerate prolonged inundation of the entire plant. Typical species include cattails, sedges, and bulrushes.

2.13 Facultative Wetland Species means plant species that sometimes occur in wetlands, but which may also be found in uplands.

2.14 Fen means a peat-accumulating wetland that receives mineral-rich groundwater, that is weakly acidic to slightly basic. Acidic ("poor") fens are dominated by Sphagnum, and basic ("rich") fens are dominated by brown mosses. Sedges and grasses are abundant in these open peatlands.

2.15 Fill includes the placing of any material that raises, either temporarily or permanently, the surface elevation of any area.

2.16 Headwater Wetland means a naturally occurring wetland that is above 2,500 feet in elevation and contributes to a stream.

2.17 Hydric soils means soils that are saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part (U.S.D.A. Soil Conservation Service 1987). For the purpose of these rules, hydric soils shall be synonymous with the terms saturated soils and seasonally saturated soils as used in 10 V.S.A. § 902(5).

2.18 Hydrophytic Vegetation means vegetation, including obligate wetland species and facultative wetland species, growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. For the purposes of these rules, hydrophytic vegetation shall be synonymous with the term significant vegetation as used in 10 V.S.A. § 902(5).

2.19 Impaired Waters means surface waters which have been identified by the Secretary as impaired pursuant to Section 303(d) of the federal Clean Water Act and which have been listed on the most recent Vermont 303(d) list, approved by the federal Environmental Protection Agency, as waters which may need a Total Maximum Daily Load (TMDL).

2.20 Impervious Surface[s] means manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates. See 10 V.S.A. § 1264(a)(6).

2.21 Marsh means any wetland that is seasonally or continually inundated and is dominated by herbaceous vegetation. Hydric mineral or organic soils may be present. Typical species include common cattail, bluejoint grass, tussock sedge, broad-leaved arrowhead, wild rice, and bulrush.

2.22 Mitigation means a comprehensive effort to lessen impacts on wetlands through a sequence of avoidance and minimization, and when appropriate, compensation.

2.23 Obligate Wetland Species means plant species that are almost always found in wetlands under natural conditions.

2.24 Panel means the Water Resources Panel of the Natural Resources Board.

2.25 Person means any individual; partnership; company; corporation; association; joint venture; trust; municipality; agency, department or subdivision of the state or federal government,, or any other legal or commercial entity.

2.26 Prevalence of Vegetation means plants comprising greater than 50 percent of the average percent areal cover of the plant community.

2.27 Protected functions means those functions identified in 10 V.S.A. § 6025(d)(5)(A)-(K) and Section 5 of these rules that make a wetland so significant that it merits protection under these rules.

2.28 Secretary means the Secretary of the Agency of Natural Resources or his or her authorized representative.

2.29 Seep means a naturally occurring common, small wetland type occurring on slopes or at the base of slopes in upland forests. It is fed by groundwater discharge and is typically the headwaters of a perennial stream. This narrow wetland type is often shaded by the adjacent upland forest. Typical species may include rough-stemmed sedge, slender mannagrass, golden saxifrage, and spotted touch-me-not.

2.30 Significant Wetland means any Class I or Class II wetland that merits protection under these rules, either alone or in conjunction with other wetlands, based upon an evaluation of the extent to which it serves one or more of the functions and values pursuant to 10 V.S.A. § 6025(d)(5)(A)-(K) and section 5 these rules. In making this determination, consideration shall be given to the number of or the extent to which protected functions and values are provided by a wetland or wetland complex.

2.31 Silvicultural activities means those activities associated with the sustained management of land for silvicultural purposes including the planting, harvesting, and removal of trees.

2.32 Source Protection Area means a surface and subsurface area from or through which contaminants are reasonably likely to reach a public water source as designated by the Secretary pursuant to the Wastewater System and Water Supply Rules.

2.33 Surface Vegetation means plants with vegetative parts principally on the water surface, including water lily and spatterdock, and is synonymous with floating-leaved vegetation.

2.34 Swamp means any of the many wetland types that are dominated by woody vegetation, either trees or shrubs. Hydric mineral or organic soils may be present. Typical species include red maple, black ash, northern white cedar, hemlock, red or black spruce, tamarack, speckled alder, willow, sweet gale, and buttonbush.

2.35 Upland means land that is not wetland.

2.36 Vernal Pool means a small wetland in a shallow natural depression that typically fills with water during the spring and/or fall and may dry during the summer. Vernal pools have no permanent inlet stream and no viable populations of fish. Vernal pools are typically sparsely vegetated with herbaceous plants and are shaded by trees from the surrounding upland forest. Many vernal pools provide critical breeding habitat for amphibians.

2.37 Waterfowl means all ducks, geese and swans.

2.38 Wetlands means those areas of the state that are inundated by surface or ground water with a frequency sufficient to support significant vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include but are not limited to marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas as grow food or crops in connection with farming activities. See 10 V.S.A. § 902(5).

2.39 Wetland Hydrology means the sum total of wetness characteristics in areas that are inundated by water or which have hydric soils that are saturated or seasonally saturated for a sufficient duration to support significant vegetation or aquatic life. Wetness characteristics shall include the hydrologic cycle, water table levels, water chemistry, hydrologic budget, and ground water flow patterns. Typical indicators include: evidence of inundation, drift lines, sediment deposits, and morphological plant adaptations.

Section 3 Exemptions; Identification of Wetlands

3.1 Exemptions

The following shall not be regulated as wetlands under the Vermont Wetland Rules, but may be subject to regulation under federal law:

a. Farming Exemption

(1) Statutory guidance

Section 902(5) of 10 V.S.A. defines wetlands to exclude "such areas as grow food or crops in connection with farming activities." Section 6025(d)(7) of 10 V.S.A. requires that any rules "that restrain agricultural activities" must have the consent of the Secretary of the Agency of Agriculture, Food and Markets.

(2) Definition

Farming activities means the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; and the growing of food and crops in connection with the raising, feeding, or management of livestock, poultry, equines, fish farms, or bees for profit.

(3) Limitation on Exemption.

The farming exemption shall apply to all areas used to grow food or crops in connection with farming activities including areas in ordinary rotation, as of the effective date of these rules. The exemption will expire whenever the area is no longer used to grow food or crops or in ordinary rotation.

b. Existing Constructed Features

(1) Stormwater conveyance, treatment and/or control systems.

(2) Wastewater treatment ponds and sludge lagoons.

(3) Manure storage and treatment ponds.

(4) Irrigation and active farming-related ponds.

(5) Snowmaking ponds.

(6) Other similar constructed ponds created in uplands.

c. Permitted Public Highway Projects

All public highway projects which have received an Act 250 permit prior to February 23, 1990 shall be exempt from the Vermont Wetland Rules.

3.2 Methodology for Identifying Wetlands

a. Wetland/Upland Boundary Delineation

The presence of a wetland and the boundary between a wetland and upland shall be delineated by the methodology set forth in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, as amended, and supplemental guidance documents issued by the U.S. Army Corps of Engineers. This methodology employs three parameters: vegetation, soils and hydrology. The 1988 edition of The National List of Plant Species That Occur in Wetlands: Vermont, as amended by the U.S. Army Corps of Engineers, shall be used to determine the frequency of vegetation occurrence in wetlands.

b. Map Interpretation

The Vermont Significant Wetland Inventory (VSWI) maps denote the approximate location and configuration of significant wetlands. The actual boundaries of wetlands shown on the VSWI maps shall be determined in the field in accordance with the methodology provided for in Section 3.2(a) and, where applicable, the following provisions:

(1) Lakes, Ponds and Reservoirs

When adjacent to any lake, pond or reservoir that is a public water a wetland's boundary shall extend to the maximum extent of a prevalence of surface, emergent, or woody vegetation at any time during the growing season. For all other lakes, ponds or reservoirs, a wetland's boundary shall extend to a depth of two meters at mean water level.

(2) Rivers or Streams

For wetlands adjacent to a river or stream, the wetland shall extend to either the edge of the river or stream channel or to the maximum extent of a prevalence of surface, emergent or woody vegetation at any time during the growing season, whichever is greater.

Section 4 Classification of Significant Wetlands and Designation of Buffer Zones

4.1 Classification of Wetlands

For purposes of these rules wetlands in Vermont are classified as Class I, Class II, or Class III wetlands, as defined at 10 V.S.A. § 902 and Section 2 of these rules.

Class I wetlands when designated pursuant to Section 7 shall be identified in Appendix A. All wetlands shown on the Vermont Significant Wetland Inventory maps are Class I or Class II wetlands, unless determined otherwise by the Secretary or Panel.

4.2 Buffer Zones

The purpose of a buffer zone is to protect those functions that make a wetland significant. The Panel may designate a buffer zone contiguous to any Class I wetland and the Secretary may designate a buffer zone contiguous to any Class II wetland. Until otherwise designated by the Panel, a one hundred (100) foot buffer zone is established contiguous to the boundaries of a Class I wetland. Until otherwise designated by the Secretary, a fifty (50) foot buffer zone is established contiguous to the boundaries of a Class II wetland.

4.3 Designations

a. Class I Wetlands

The Panel on its own motion or acting on a rulemaking petition filed in accordance with Section 7, shall determine whether to classify any wetland as a Class I wetland or to reclassify a Class I wetland pursuant to 10 V.S.A. § 915.

b. Other Wetlands

The Secretary on his or her own motion or upon petition may, pursuant to 10 V.S.A. § 914:

1. Determine whether a wetland is a Class II or Class III wetland.

2. Determine which functions and values make a wetland significant.

3. Determine whether the size or configuration of a buffer zone adjacent to a Class II wetland should be increased or decreased.

Determine the boundaries of a significant wetland.

5. Determine whether an area shown as a wetland on the VSWI maps is not a wetland.

4.4 Vermont Significant Wetland Inventory Maps

The VSWI maps should not be relied upon to provide precise information regarding the location or configuration of wetlands (see Section 3.2). The VSWI maps are intended to denote the approximate location and configuration of wetlands. The Secretary shall revise the VSWI maps to reflect wetland determinations issued by the Secretary pursuant to 10 V.S.A. § 914 and by the Panel pursuant to 10 V.S.A. § 915. The Secretary may also adjust the boundaries of wetlands shown on the VSWI maps to more accurately depict the location of a wetland, as determined by aerial photos, field visits, field delineations and other relevant information.

4.5 Delineation of Wetland Boundaries

a. The methodology for delineating the boundaries of any wetland is described in Section 3.2.

b. Wetland boundaries shall be delineated in accordance with the provisions of these rules.

c. Formal determinations of wetland boundaries are made by the Secretary pursuant to 10 V.S.A. § 914, or the Panel pursuant to 10 V.S.A. § 915.

4.6 Presumptions

All wetlands contiguous to wetlands shown on the Vermont Significant Wetland Inventory maps are presumed to be Class II wetlands, unless identified as Class I or III wetlands, or unless determined otherwise by the Secretary or Panel pursuant to Section 8. In addition, each of the following wetlands shall be presumed to be Class II wetlands unless determined otherwise by the Secretary or Panel:

a. The wetland is of the same type and threshold size as those mapped on the VSWI maps: i.e.; open water (pond); emergent marsh; shrub swamp; forested swamp; wet meadow; beaver pond or beaver meadow; bog or fen; or greater than 0.5 acres.

b. The wetland contains woody vegetation and is adjacent to a stream, river or open body of water.

c. The wetland contains dense, persistent non-woody vegetation and is adjacent to a stream, river or open body of water.

d. The wetland is a vernal pool that provides amphibian breeding habitat.

e. The wetland is a headwater wetland.

f. The wetland is adjacent to impaired waters and the impairment is related to wetland water quality functions.

g. The wetland contains a species that appears in the NNHP database as rare, threatened, endangered or uncommon; or is a natural community type that is rare or uncommon.

h. The wetland has been previously designated as a significant wetland.

i. It is within sixty (60) days after the landowner has received notice of a preliminary wetland determination pursuant to Section 8.1 of these rules.

Section 5 Functional Criteria for Evaluating a Wetland's Significance

In evaluating whether any wetland is a Class II or a Class I wetland, the Secretary or Panel shall evaluate the functions that the wetland serves both as a discrete wetland and in conjunction with other wetlands by considering the following functional criteria. Consideration shall be given to the number of and/or extent to which protected functions and values are provided by a wetland or wetland complex.

5.1 Water Storage for Flood Water and Storm Runoff

Wetlands that provide for the temporary storage of floodwater or stormwater runoff to the extent that they make an important contribution to: reducing risks to public safety, reducing damage to public or private property reducing downstream erosion or enhancing the stability of habitat for aquatic life, are significant wetlands. Examples of wetlands that provide storage for floodwaters or stormwater runoff may include those that are located in the upper portion of the watershed, have a constricted outlet, are located in a relatively flat area with storage potential, densely vegetated, or are located in a watershed with a large amount of impervious surfaces.

In determining whether a wetland is significant for this function, the Secretary or Panel shall, at a minimum, consider the extent to which it:

a. Reduces either the magnitude or frequency of risks to public safety or of damage to public or private property due to flood water or stormwater runoff after considering:

(1) Its significance relative to other water storage capacity in its own watershed or in the watershed of any watercourse to which it is tributary. In particular, available water storage capacity upstream of the wetland should be considered.

(2) Whether it is contiguous to a lake or pond which would provide storage benefits independent of the wetland.

(3) The extent of development and impervious surface in the watershed.

(4) The history of damage to public and private property and economic loss due to flooding within the watershed downstream of the wetland.

(5) The characteristics of development and resources in or near the floodplain downstream of the wetland.

(6) The extent to which the wetland's water storage capacity is created by beaver dams and similar temporary conditions

b. Attenuates flood peaks and reduces water velocities, thereby reducing scouring and erosion.

c. Maintains the geomorphic stability of important habitat for aquatic life by attenuating peak flows of flood waters or stormwater runoff, or reducing the scouring and erosion of stream banks, or both.

Hydraulic and hydrologic analysis of the extent to which a wetland serves this function shall utilize average annual, 10-year, 50-year and 100-year storm frequencies in generating hydrographs for the wetland's inlet, outlet and at critical locations upstream and downstream.

5.2 Surface and Ground Water Protection

Wetlands that make an important contribution to the protection or enhancement of the quality of surface or of ground water are significant wetlands. In determining whether a wetland is significant for this function, the Secretary or Panel shall, at a minimum, consider the extent to which it:

a. Recharges a drinking water source, such as a well head or source protection area.

b. Reduces levels of contaminants in surface waters which recharge underlying or adjacent groundwaters.

c. Contributes to the flows of Class A surface waters.

d. Enhances or protects water quality through chemical action, by the removal of nutrients, by the retention or removal of sediments or organic matter, or by moderating the adverse water quality effects of soil erosion or stormwater runoff.

e. Contributes to the protection or improvement of water quality of any impaired water.

f. Is adjacent to surface waters, especially impaired waters.

5.3 Fish Habitat

Wetlands that are used for spawning by northern pike or that are important for providing fish habitat are significant wetlands. In determining whether a wetland is significant for fish habitat the Secretary or Panel shall, at a minimum, consider the extent to which it:

a. Provides spawning, nursery, feeding or cover habitat for fish.

b. Lowers or moderates the temperature of surface waters due to the discharge of cold springs, the provision of shade or for other reasons.

5.4 Wildlife Habitat

Wetlands that support a significant number of breeding waterfowl, including all species of ducks, geese and swans, or broods of waterfowl or that provide important habitat for other wildlife and migratory birds are significant wetlands. Wetlands that provide wildlife habitat are extremely diverse and range from small isolated wetlands to large forested swamps. In determining whether a wetland is significant for wildlife habitat, the Secretary or Panel shall, at a minimum, consider the extent to which it:

a. Birds

(1) Supports or provides the habitat to support one or more breeding pairs of waterfowl or one or more broods of waterfowl.

(2) Supports or provides the resting, feeding, staging or roosting habitat to support waterfowl migration.

(3) Supports a nest site, provides a buffer for a nest site, or is used as feeding habitat for wading birds, including: Great blue heron, black-crowned night-heron, snowy egret, cattle egret, or green heron.

(4) Supports or has the habitat to support one or more breeding pairs of any migratory bird that requires wetland habitat for breeding, nesting, rearing of young, feeding, staging, roosting, or migration, including: Virginia rail, common snipe, marsh wren, American bittern, northern water thrush, northern harrier, spruce grouse, Cerulean warbler, and common loon.

b. Mammals

(1) Supports winter habitat for white-tailed deer, based on an assessment of winter use. Typical indicators include browsing, bark stripping, worn trails, pellet piles, and softwood tree cover.

(2) Provides important feeding habitat for black bear, bobcat, or moose, based on an assessment of use.

(3) Supports or has the habitat to support muskrats, otter, or mink.

(4) Supports an active beaver dam, one or more beaver lodges, or evidence of an adult population of beaver which have used the site in two or more consecutive years.

c. Amphibians

(1) Supports or provides habitat to support the reproduction of uncommon Vermont amphibian species including: Jefferson salamander, blue-spotted salamander, spotted salamander, which are associated with vernal pools for breeding habitat; the Northern dusky salamander and the spring salamander, which are associated with headwater seeps, springs and streams; the four-toed salamander; Fowler's toad, Western chorus frog, and other amphibians found in Vermont of similar significance.

(2) Supports or provides the habitat to support significant breeding populations of Vermont amphibian species including the species listed in subsection (c)(1); and pickerel frog, northern leopard frog, mink frog, and others found in Vermont of similar significance.

d. Reptiles

(1) Provides habitat that supports or has the habitat to support uncommon Vermont reptile species, including: wood turtle, northern map turtle, eastern musk turtle, stinkpot turtle, spotted turtle, spiny softshell turtle, eastern ribbonsnake, northern watersnake, and others found in Vermont of similar significance.

(2) Supports or provides the habitat to support significant populations of Vermont reptile species, including the species listed in subsection (d)(1), smooth greensnake, DeKay's brownsnake, and other more common wetland-associated species.

e. Landscape Considerations

(1) Meets four or more of the following conditions indicative of wildlife habitat diversity:

(a) Three or more wetland vegetation classes (1/2 acre or greater in size) are present including: open water contiguous to but not necessarily part of the wetland, deep marsh, shallow marsh, shrub swamp, forested swamp, fen, or bog;

(b) The dominant wetland vegetation class is one of the following types: deep marsh, shallow marsh, shrub swamp, or forested swamp;

(c) The wetland is located contiguous to a lake, pond, river, or stream;

(d) Fifty percent or more of the surrounding habitat types are any combination of one or more of the following types: forest, agricultural land, old field, or open land;

(e) Emergent or woody vegetation occupies 26 to 75 percent of the wetland area and open water occupies the remainder of the wetland area;

(f) The wetland falls into one of the following:

1. Hydrologically connected to other wetlands of different dominant vegetation classes or open water bodies within 1 mile; or

Hydrologically connected to other wetlands of the same dominant vegetation class within 1/2 mile; or

3. Within 1/4 mile of other wetlands of different dominant vegetation classes or within 1/4 mile of open water bodies; but not hydrologically connected.

(2) Is owned by the state or federal government in fee or through easement and managed for purposes of wildlife and habitat conservation as evidenced by a management plan filed and approved by the Secretary or other appropriate governing official;

(3) Contains evidence that it is used by wetland-dependent wildlife species.

5.5 Exemplary Wetland Natural Community

Wetlands that make an important contribution to Vermont's natural heritage are significant wetlands. These include wetlands that are identified as high quality examples of one of Vermont's recognized natural community types. There are over forty wetland natural community types recognized in Vermont by the Nongame and Natural Heritage Program of the Vermont Fish and Wildlife Department. These include rare types such as dwarf shrub bog, rich fen, alpine peatland, and red maple-black gum swamp, and more common types such as deep bulrush marsh, cattail marsh, northern white cedar swamp, spruce-fir-tamarack swamp, and red maple-black ash seepage swamp. In determining whether a wetland is significant for this function the Secretary or Panel shall, at a minimum, consider the extent to which it:

a. Is an example of a wetland natural community type that has been identified and mapped by or meets the ranking and mapping standards of the Nongame and Natural Heritage Program of the Vermont Fish and Wildlife Department. When evaluating a wetland of a particular natural community type, the rarity of the type is a primary consideration in determining its importance to this function. More generally, larger wetlands in undisturbed condition and in unfragmented landscapes are ranked as the better examples.

b. Contains ecological features that contribute to Vermont's natural heritage, including deep peat accumulations reflecting thousands of years of history of wetland formation, forested wetlands displaying very old trees and other old growth characteristics, a wetland natural community that is at the edge of the normal range for that type, a wetland mosaic containing examples of several to many wetland community types, or a large wetland complex containing examples of several wetland community types.

5.6 Rare, Threatened, and Endangered Species Habitat

Wetlands that contain rare, threatened, or endangered species of plants or animals are significant wetlands. In determining whether a wetland is significant for this function the Secretary or Panel shall consider whether:

a. There is creditable documentation that the wetland provides important habitat for any species on the federal or state threatened or endangered species list of animals or plants.

b. There is creditable documentation that the wetland has contained one or more threatened or endangered species on the federal or state list in the past 10 years.

c. There is creditable documentation that the wetland provides important habitat for any species listed as rare in Vermont (S1 or S2 ranks), state historic (SH rank), or rare to uncommon globally (G1, G2, or G3 ranks), by the Nongame and Natural Heritage Program of the Vermont Fish and Wildlife Department.

d. There is creditable documentation that the wetland provides habitat for multiple uncommon species of species of plants or animals (S3 rank).

5.7 Education and Research in Natural Sciences

Wetlands that provide, or are likely to provide valuable resources for education or scientific research are significant wetlands. In determining whether a wetland is significant for this function the Secretary or the Panel shall, at a minimum, consider whether the wetland:

a. is owned by a public entity dedicated to education or research or an easement for education or research has been conferred to a public entity.

b. has a history of use for education or research.

c. has one or more characteristics which make it unique or valuable for education or scientific research purposes.

5.8 Recreational Value and Economic Benefits

Wetlands that provide substantial recreational values or economic benefits are significant wetlands. In determining whether a wetland is significant for this function, the Secretary or Panel shall, at a minimum, consider the extent to which it:

a. Is used for, or contributes to, recreational activities.

b. Provides economic benefits.

c. Provides important habitat for fish or wildlife which can be fished, hunted or trapped under applicable state law.

d. Is used for the harvesting of wild foods.

5.9 Open Space and Aesthetics

Wetlands that contribute substantially to the open-space and aesthetic character of the landscape are significant wetlands. In determining whether a wetland is significant for this function, the Secretary or Panel shall, at a minimum, consider the extent to which it:

a. Can be readily observed by the public.

b. Possesses special or unique aesthetic qualities.

c. Has prominence as a distinct feature in the surrounding landscape.

d. Has been identified as important open space in a municipal, regional or state plan.

5.10 Erosion Control through Binding and Stabilizing the Soil

Wetlands that are important for erosion control are significant wetlands. Such wetlands are typically located along stream, river, pond or lake shorelines, where erosive forces are present. In determining whether a wetland is significant for this function, the Secretary or Panel shall, at a minimum, consider the extent to which it:

a. Protects a shoreline, riverbank or streambank from excessive erosion by dissipation of wave and current energy or by binding and stabilizing the soil.

b. Prevents erosion by binding or stabilizing the soil.

c. Has been identified through fluvial geomorphic assessment using methods approved by the Secretary to be important in maintaining the natural condition of the stream or river corridor.

Section 6 Allowed Uses

The following uses shall be allowed in a Class I or Class II wetland and in its buffer zone without a permit, provided that the configuration of the wetland's outlet or the flow of water into or out of the wetland is not altered and that no draining, dredging, filling, or grading occurs except as may be provided for in sub sections 6.01, 6.02, 6.03, 6.04, 6.07, 6.08, 6.12, 6.13, 6.14, 6.15, 6.16, and 6.22 below. Designation of allowed uses in these rules shall not provide relief from liability for violations that commenced prior to the effective date of such allowed use.

6.01 Silvicultural activities which:

a. Comply with Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont adopted pursuant to 10 V.S.A. § 1259;

b. Comply with silvicultural standards for deer wintering yards, established jointly by the Departments of Fish and Wildlife and Forests, Parks and Recreation, when occurring in significant wetlands or adjacent buffer zones containing deer wintering yards mapped by the Fish and Wildlife Department; and

c. Restrict equipment maintenance and the storing or changing of oil, grease, or other petroleum products to log landings; and

d. Restrict log landings to uplands or buffer zones except that landings not requiring the placement of fill may be located within the wetland when the ground is frozen.

6.02 The restoration, reconstruction, rehabilitation, or upgrading of existing roads used solely for silvicultural purposes provided that such roads are not increased in width by more than 20%.

6.03 The construction of new roads used solely for silvicultural purposes in buffer zones.

6.04 The removal of beaver dams to the extent necessary to prevent impairment of the use of existing logging roads or ongoing silvicultural management practices.

6.05 Silvicultural activities including the uses allowed by subsections b, c and d above, when occurring in any Class I wetland, the buffer zone for any Class I wetland and in any Class II wetland specifically designated by the Secretary or Panel to protect habitat for any species on the state or federal list of threatened or endangered species, that comply with a plan approved in writing by the Commissioner of the Department of Forests, Parks and Recreation.

6.06. The growing of food or crops in connection with farming activities when

a. Threatened or endangered species are protected; and

b. No clearing of existing vegetation occurs in deer wintering yards mapped by the Vermont Fish and Wildlife Department; and

c. In compliance with the most recent Acceptable Agricultural Practices adopted by the Agency of Agriculture, Food and Markets.

6.07 The operation of existing hydroelectric facilities in accordance with all applicable requirements established by federal and state agencies. This use may involve dredging, draining and/or altering the flow of water into or out of a wetland.

6.08 The routine repair and maintenance of utility poles,lines and corridors in a manner which minimizes adverse impacts and is accordance with Best Management Practices developed by the Secretary.

6.09 Hunting, birdwatching, hiking, boating, trapping, fishing, horseback riding, swimming, snowshoeing, skiing, and similar outdoor recreational activities.

6.10 Snowmobiling on trails designated by the Vermont Association of Snow Travelers.

6.11 Scientific research and educational activities.

6.12 The maintenance, reconstruction, or routine repair of structures and facilities (including ski trails, public transportation facilities, bulkheads, docks, piers, pilings, paved areas, houses, or other buildings) in compliance with the Vermont Wetland Rules in existence as of the date of their construction or in existence as of February 23, 1990 or additions to such structures or facilities which do not involve substantial expansion or modification in a wetland or buffer.

6.13 Emergency repair, cleanup, or maintenance of structures and facilities (including utility poles and lines, public transportation facilities, bulkheads, docks, piers, pilings, paved areas, houses, or other buildings), or emergency actions required to provide for public health, safety and welfare for disaster relief in connection with a federal or state-designated disaster.

6.14 The routine maintenance and upkeep, including the removal of vegetation from, or maintenance dredging of, constructed ponds in compliance with Best Management Practices developed by the Secretary. This use may involve dredging, temporary draining, and/or temporarily altering the flow of water into or out of a wetland.

6.15 Wildlife or fisheries management activities, including the removal of beaver dams which pose a significant hazard to public health or safety or to public or private property, conducted in accordance with a written plan or procedure adopted by the Secretary. This use may involve draining and/ or altering the flow of water into or out of a wetland.

6.16 The placement, maintenance or removal of duck blinds, ice fishing shanties, fences, catwalks, footbridges, observation decks, docks exempt similar structures, in compliance with Best Management Practices developed by the Secretary.

6.17 The harvesting of wild foods and the collecting of scientific specimens, not on the state or federal threatened or endangered species lists, for noncommercial purposes.

6.18 The control of non-native species of nuisance plants including Eurasian milfoil, water chestnut, purple loosestrife ( Lythrum salicaria) and reed grass (Phragmites australis), where such control is by hand pulling of plants or according to a written plan approved by the Secretary and under any applicable state law.

6.19 Activities within existing lawns, including mowing, the placement of barbecue pits, sand boxes, bird houses, and other similar activities incidental to ordinary residential use.

6.20 The use of pesticides or other biological agents to control mosquitoes when applied according to all applicable state law.

6.21 The operation of dams in accordance with the surface level rules for lakes and ponds adopted under 10 V.S.A. § 6025(d)(1), provided that prior to the adoption the Panel finds in writing that the surface level rules will not result in any undue adverse effect on the protected wetland functions. This use may involve draining or altering the flow of water into or out of a wetland.

6.22 The installation of a new overhead utility line that does not involve extensive tree clearing, with three poles or fewer in the wetland or buffer zone, in compliance with Best Management Practices developed by the Secretary

6.23 Wetland restoration or stream restoration projects, including dam removals, in accordance with a plan approved by the Secretary.

6.24 Dry hydrants installed in constructed ponds, where the disturbance is limited to the pond and previously disturbed or managed areas, such as lawns and mowed fields.

6.25 Cleanup activities for spills of oil or hazardous materials.

Section 7 Rulemaking Petitions

7.1 General

Any person may petition the Panel to classify any wetland as a Class I wetland, or to reclassify any Class I wetland to a lower classification, in accordance with the Vermont Administrative Procedures Act, 3 V.S.A. §§ 800-849, these rules and the Natural Resources Board Rules of Procedure.

7.2 Content of Petitions

Any petition shall be in writing and must contain the following information, in addition to the information required by the Natural Resources Board Rules of Procedure, unless waived in writing by the Panel.

a. A description of the specific location of the subject wetland or buffer zone and the location on a USGS topographic map or the relevant portion of the VSWI map.

b. A detailed narrative of why the petitioner believes the action(s) sought by the petition is consistent with these rules including a discussion of each wetland function (see Section 5 ) at issue.

c. Copies of all documents which the petitioner intends to rely upon in support of the petition;

d. The names and complete mailing addresses of all persons owning property within or adjacent to the wetland and the existing and proposed buffer zone.

e. All determinations or decisions, if any, issued by the Secretary, Panel, or former Water Resources Board pertaining to the wetland in question.

f. Such other information as the Panel may require.

7.3 Petition Distribution

The petitioner shall file the petition in accordance with Section 10 of the Natural Resources Board Rules of Procedure, and shall serve the petition in accordance with Section 16 of the Natural Resources Board Rules of Procedure. Unless waived in writing by the Panel, the petitioner shall also serve the petition upon each person owning property within or adjacent to the wetland and the existing and proposed buffer zone.

7.4 Rulemaking Process

a. Notice

The Panel shall consider petitions in accordance with the Administrative Procedure Act, 3 V.S.A. §§ 801-849, these rules and the Natural Resources Board's Rules of Procedure. Notice of the petition shall be provided pursuant to 3 V.S.A. § 839. Such notice shall be published at the petitioner's expense.

b. Review Standards

The Panel shall determine whether a wetland is a Class I wetland, on the basis of the criteria set forth in Section 5. The Panel shall decide whether to modify the size or configuration of any buffer zone associated with any Class I wetland on the basis of the need to protect those values and functions sought to be preserved by the designation.

7.5 Emergency Rulemaking

Where the Panel believes that there exists an imminent peril to public health, safety or welfare, it may adopt an emergency rule pursuant to 3 V.S.A. § 844.

Section 8 Wetlands Determinations by the Secretary

8.1 General

The Secretary may, upon a petition or on his or her own motion, determine whether any wetland is a Class II Wetland or a Class III wetland, pursuant to 10 V.S.A. § 914 and these rules. Such determinations shall be based on an evaluation of the functions and values set forth in statute and these rules. The Secretary may establish the necessary width of a buffer zone of any Class II wetland as part of any wetland determination pursuant to these rules. Any wetland proposed by the Secretary to be designated as a Class II wetland shall be presumed to be a significant wetland until the Secretary determines otherwise. This presumption shall become effective upon receipt by the landowner of a registered letter from the Secretary giving notice of a preliminary wetland determination, and shall last sixty (60) days thereafter.

8.2 Contents of Petitions

Any request by a person for the Secretary to make a determination pursuant to Section 8.1 shall be in writing and must contain the following:

a. a description of the specific location of the subject wetland or buffer zone and the location on a USGS topographic map or the relevant portion of the VSWI map;

b. a detailed narrative of the action(s) sought by the petitioner and why the action(s) are consistent with these rules, including a description of the wetland and each wetland function and value ( Section 5 ) at issue;

c. copies of all documents which the petitioner intends to rely upon in support of the request;

d. the names and complete mailing addresses of all persons owning property within or adjacent to the wetland area and buffer zone in question.

e. all determinations and decisions, if any, issued by the Secretary, Panel or former Water Resources Board, pertaining to the wetland or buffer at issue; and

f. such other information as the Secretary may require.

8.3 Notification Requirements

a. The Petitioner shall provide written notice of a petition for a determination under this section to the owner of each parcel of land within or adjacent to the wetland area or buffer zone being considered, and shall certify to the Secretary in writing that such notice has been provided, and shall state in the written certification the name and address of each person notified and the date and manner that notice was provided.

b. The Secretary shall provide by mail written notice of a proposed determination to the owner of each parcel of land within or adjacent to the wetland area or buffer zone being considered. The Secretary shall publish notice on the Agency website and provide an electronic notice to persons who have requested to be on a list of interested persons. Such notice shall include the date of the Secretary's proposed determination and shall provide no fewer than thirty (30) days from the date of the Secretary's proposed determination within which to file written comments or to request that the Secretary hold a public meeting on the proposed determination. The Secretary will provide notice of any public meeting in the same manner as the proposed determination.

c. The Secretary shall provide, in person, by mail, or by electronic notice, a written copy of a final wetland determination under this Section to the petitioner and to those receiving notice pursuant to Section 8.3.a.

8.4 Reconsideration of Wetland Determinations

Within 15 days of the date of the decision, the applicant, any person entitled to notice under Section 8.3(a), or any person who filed written comments regarding the permit application may request in writing reconsideration by the Secretary. Such a request shall specify all action(s) for which reconsideration is sought and shall provide an explanation of the reason(s) why the request is filed. Where a request for reconsideration has been properly filed, additional evidence may be submitted concerning the functions and values of the wetland, and any other material issue as deemed appropriate by the Secretary. The Secretary may appoint a designee who shall be at the Division Director level or higher to render a decision on the request for reconsideration. The Secretary's written reconsideration decision shall be issued as expeditiously as possible under the circumstances, and shall be distributed in accordance with Section 8.3(c). The Secretary's written reconsideration decision shall constitute a final act or decision of the Secretary, subject to appeal pursuant to 10 V.S.A. § 8504 and Section 10 of these Rules.

No request for reconsideration may be filed concerning or resulting from a request for reconsideration. If the Secretary fails to act on a request for reconsideration within 20 days of its filing, the request shall be deemed to be denied.

Filing a timely request for reconsideration with the Secretary tolls the 30-day period for filing an appeal with the Environmental Court. The full time for appeal shall commence to run and shall be computed from the date of the issuance of the Secretary's decision on the reconsideration request.

8.5 Mapping Corrections

The Secretary shall have the authority to make the following mapping corrections, which are not wetland determinations pursuant to 10 V.S.A. § 914. VSWI map updates based on these determinations will be reflected on the VSWI map located on the Department of Environmental Conservation's Environmental Interest Locator website.

a. The Secretary may, upon request or on his or her own motion, determine whether a polygon on the VSWI map is not a wetland. Such determinations shall be based on the methodology for identifying wetlands in Section 3.2.a of these rules. Section 8.3 notification requirements do not apply to such map corrections. The Secretary shall provide notice of such map corrections to Town Clerk offices on a periodic basis, and to a list of interested parties, if any

b. The Secretary may determine that a polygon on the VSWI map is inaccurate and may change the configuration of the polygon to more accurately reflect the location of a wetland, as determined from aerial photos, field visits, field delineations and other relevant information. Section 8.3 notification requirements shall not apply to such changes. These types of changes do not alter the classification of the wetland, but enhance the accuracy of the VSWI maps. These map corrections generally fall into the following three categories:

i. Registration errors: Wetland polygons that do not line up with the underlying base layers. The most common error in this category are small ponds that do not line up with visible ponds on ortho-photos. A notice of map changes made based on these determinations will be sent to Town Clerk offices on a periodic basis and to a list of interested parties, if any.

ii. Corrections based on field verified contiguity: This type of mapping correction is based on field verified information of the general size and location of the wetland, and adjusts the wetland boundary of an already designated Class Two wetland. Wetland delineations that are not part of a permitting action are included in this category. A notice of map changes based on these determinations will be sent to Town Clerk offices, to the affected landowners and to a list of interested parties, if any.

iii. Corrections based on wetland delineation associated with a permit action. This type of mapping correction is based on a field delineated wetland boundary location of an already designated Class Two wetland. The notice of map change will be included in notifications required under Sections 9.2, 9.3 and 9.8.

Section 9 Permits

9.1 General

Activity in a Class I or Class II wetland or its associated buffer zone is prohibited unless it is an allowed use or authorized by a permit, conditional use determination or order issued by the Secretary The Secretary may impose any conditions in such a permit that are deemed necessary to achieve the purposes of these rules. The Secretary may issue a permit authorizing an activity occurring within a Class I wetland only to meet a compelling public need to protect public health or safety. A permit issued under these rules shall not relieve any person of the responsibility to comply with all other applicable federal, state or local laws. An individual wetland permit shall remain valid for one year from the date of issuance unless the Secretary specifies a longer period not to exceed five years. The Secretary may extend a permit for up to a total of ten years beyond the date of issuance of the original permit.

A permit shall not be required for:

1. Any activity that occurred before the effective date of 10 V.S.A. § 913 unless the activity occurred within:

a. an area identified as a wetland on the VSWI maps as they existed on the date the activity commenced;

b. a wetland that was contiguous to an area identified as a wetland on the VSWI maps; or

c. the buffer zone of a wetland referred to in a. or b. above.

Any construction within a wetland that is identified on the VSWI maps as they existed on the date the activity commenced, or within the buffer zone of such a wetland, provided that the construction was completed prior to February 23, 1992, and no action for which a permit or conditional use determination was required under these rules was taken or caused to be taken on or after February 23, 1992.

9.2 Individual Permit Application; Distribution

a. The applicant shall, in addition to filing an original copy with the Secretary, file a complete copy of the request for an individual permit with the following:

1. the clerk of each Vermont municipality in which the wetland or buffer zone is located,

2. each regional planning commission serving the geographical area in which the wetland or buffer zone is located.

b. In addition, copies of the location map, the description of the specific action(s) for which a permit is sought, the supporting narrative and a listing of where complete copies of the request have been filed shall be provided to the municipal planning commission and/or conservation commission and to all persons owning property within or adjacent to the affected wetland area or buffer zone in question.

c. The Secretary may require an applicant to submit any additional information that the Secretary considers necessary in order to make a decision on the issuance or denial of a permit. The Secretary may dismiss the application without prejudice if the requested information is not provided to the Secretary within sixty (60) days of the Secretary's request.

9.3 Notice of Request for Public Comment on Individual Permit Application

The Secretary shall provide an opportunity for public comment by sending a notice of a permit application to all towns wherein the affected wetland area or buffer zone is located and to all persons owning property within or adjacent to the affected wetland area or buffer zone with a request that the notice be posted for no less than 15 days. The Secretary may provide additional notice of the permit application and may conduct a public meeting to receive additional public comment.

9.4 Notice of Decision

The Secretary shall provide notice of any decision made under Section 9 to all persons entitled to receive notice under Section 9.2 above.

9.5 Individual Permit Review Standards

a. Burden of Proof

Applicants for an individual wetland permit shall have the burden to show that a proposed activity in any Class I or Class II wetland or its buffer zone complies with these rules and will have no undue adverse effect on protected functions and values. In determining whether this burden has been met, the potential effect of any proposed activity shall be evaluated on the basis of both its direct and immediate effects as well as on the basis of any cumulative or on-going effects on the significant wetland.

b. Mitigation Sequencing

An adverse effect on any protected function, other than a minimal impact, shall be presumed to constitute an undue adverse effect unless:

(1) The proposed activity cannot practicably be located outside the wetland or on another site owned or controlled by the applicant or reasonably available to satisfy the basic project purpose; and

(2) If the proposed activity cannot practicably be located outside the wetland, all practicable measures have been taken to avoid adverse impacts on protected functions; and

(3) If avoidance of adverse effects on protected functions cannot be practically achieved, the proposed activity has been planned to minimize adverse impacts on the protected functions and a plan has been developed for the prompt restoration of any adverse impacts on protected functions.

c. Compensation

Compensation may be considered only when full compliance with the requirements of subsection b (1-3) is insufficient to achieve no net undue adverse effect on any protected function. Such compensation measures may include establishing new wetlands or enlarging the boundaries of an existing wetland to compensate for the adverse impact of the proposed activity. The compensation may also include payment of fees to a federal "in- lieu fee" program or mitigation bank approved by the Secretary.

Compensation to avoid undue adverse impacts on protected functions in Class I wetlands or their buffer zones may only be considered upon the showing that the adverse impacts are necessary in the course of meeting a compelling public need to protect public health or safety.

Compensation will be allowed for impacts to either Class I or Class II wetlands only to reduce adverse impacts on those protected functions that are compensable.

Compensation is presumed to be possible for adverse impacts on the functions specified in Sections 5.1, 5.2(d), 5.4(a) (1 and 2), and 5.9. For any of the remaining functions and values specified in Section 5 the applicant must show that compensation will be successful in achieving no net loss in any protected function. Any compensation plan must demonstrate that:

(1) there will be no net loss of the protected functions or acreage of significant wetlands;

(2) the compensation measures will be fully implemented prior to, or concurrently with, the proposed activity;

(3) the compensation measures shall be monitored and managed for a period necessary to insure full replacement of the protected functions in question and any additional period that may be required by subsequent remedial measures but in no event for less than five years;

(4) measures shall be designed to be self-sustaining following the period for which monitoring or management is required;

(5) adequate financial surety is provided to carry out the proposed compensation including any necessary remedial measures; and

(6) any replacement wetland will be permanently preserved by a conservation easement or deed restriction conveyed to a suitable party or by other appropriate means.

9.6 Reconsideration of Individual Wetland Permit Decisions

Within 15 days of the date of the decision, the applicant, any person entitled to notice under Section 9.2, or any person who filed written comments regarding the permit application may request in writing reconsideration by the Secretary. Such a request shall specify all action(s) for which reconsideration is sought and shall provide an explanation of the reason(s) why the request is filed. Where a request for reconsideration has been properly filed, additional evidence may be submitted concerning the adequacy of the permit application, the adequacy of mitigation measures, and any other material issue as deemed appropriate by the Secretary. The Secretary may appoint a designee who shall be at the Division Director level or higher to render a decision on the request for reconsideration. The Secretary's written reconsideration decision shall be issued as expeditiously as possible under the circumstances, and shall be distributed in accordance with Section 9.4. The Secretary's written reconsideration decision shall constitute a final act or decision of the Secretary, subject to appeal pursuant to 10 V.S.A. § 8504 and Section 10 of these Rules.

No request for reconsideration may be filed concerning or resulting from a request for reconsideration. If the Secretary fails to act on a request for reconsideration within 20 days of its filing, the request shall be deemed to be denied.

Filing a timely request for reconsideration with the Secretary tolls the 30-day period for filing an appeal with the Environmental Court. The full time for appeal shall commence to run and shall be computed from the date of the issuance of the Secretary's decision on the reconsideration request.

9.7 General Permits

The Secretary may issue general permits for discrete categories of Class II wetlands and for discrete categories of activities or uses in accordance with the provisions of this section. A general permit shall be issued for a specified period of time not to exceed five (5) years from the date of issuance. Authorizations issued by the Secretary pursuant to a general permit shall be valid for a specified period of time not to exceed five (5) years.

a. Proposed General Permits

Any proposed general permit shall include the following information:

(1) A detailed description of the activities or uses to be authorized.

(2) Any conditions or limitations on the activities or uses authorized.

(3) The expiration date of the general permit.

(4) A detailed narrative explaining the rationale for the proposed general permit and the basis on which the Secretary has determined that activities eligible for authorization pursuant to the general permit will comply with these rules and will have no undue adverse effect on protected functions and values In making this determination, the Secretary shall evaluate both the direct and immediate effects of any proposed activity as well as the cumulative or ongoing effects on the significant wetland. An adverse effect on protected functions, other than a minimal impact, shall be presumed to constitute an undue adverse effect unless:

(a) The proposed activity cannot practicably be located outside the wetland or on another site owned, controlled or available to satisfy the basic project purpose; and

(b) If the proposed activity cannot practicably be located outside the wetland, all practicable measures have been taken to avoid adverse impacts on protected functions; and

(c) If avoidance of adverse effects on protected functions cannot be practically achieved, the proposed activity has been planned to minimize adverse impacts on the protected functions and a plan has been developed for the prompt restoration of any adverse impacts on protected functions.

b. Copies of any documents which the Secretary has relied upon in the preparation of the proposed general permits shall be available to the public upon request unless exempt from public inspection and copying pursuant to 1 V.S.A. § 317(c).

c. Notice

The Secretary shall publish notice of any proposed general permit in no fewer than three daily newspapers that collectively circulate throughout the state. The Secretary shall also provide notice by email to the Panel and by direct mail or email to all persons requesting such notice prior to or during the comment period. Copies of any proposed general permit shall be posted on the Agency of Natural Resources website, and shall be available for review during normal office hours at the Wetlands Office of the Department of Environmental Conservation in Waterbury, each regional office of the Agency of Natural Resources and such other location as the Secretary may direct. The notice shall:

(1) accurately summarize the proposed general permit(s);

(2) indicate where copies can be obtained; and

(3) provide at least 45 days in which to file written comments and/or to file a written request that the Secretary hold a public meeting.

d. Public Meeting Requests

Any request for a public meeting shall be submitted to the Secretary in writing during the public comment period. The Secretary shall hold a public meeting if there is a demonstrated interest in such a meeting. The Secretary shall publish notice of any public meeting at least thirty (30) days prior to the meeting. Notice shall be given in the same manner as notice of the draft general permit.

e. Decision

The Secretary shall provide copies by direct mail or email of any final general permit and a responsiveness summary addressing all substantial comments in the final decision to the Panel, to all persons receiving notice prior to or during the comment period and to all persons who file timely written comments.

f. Modification of General Permit

The Secretary may modify a general permit after providing an opportunity for public participation in the same manner as described in Section 9.7(b).

9.8 Application for Authorization Under a General Permit

a. Application.

An applicant for authorization under a general permit shall submit a completed Notice of Intent (NOI) form with all necessary attachments and fees, if any, and all other application information required by the general permit and the Secretary.

The Secretary may require an applicant to submit any additional information that the Secretary considers necessary in order to make a decision on the issuance or denial of an authorization under the general permit. The Secretary may deny coverage if the requested information is not provided within sixty (60) days of the Secretary's request.

b. Public Notice of Application

Once the Secretary determines that an application for authorization under a general permit is complete, the Secretary shall provide public notice to the clerk of the municipality in which the proposed activity and affected wetland area and buffer are located, shall post notice on the Environmental Notice Bulletin, and shall provide notice to a list of interested persons, if any. The Secretary shall request that the notice be posted by the municipality for no less than ten (10) days.

For a period of ten (10) days following the Secretary's completion of the public notice requirements specified above, the Secretary shall provide an opportunity to the public to provide written comment regarding whether the application complies with the terms and conditions of the general permit.

The Secretary shall maintain an interested persons list for those individuals/groups that wish to receive copies of notices of all general permit applications within the State or within a certain geographic area. Such notices may be distributed electronically instead of via regular mail.

The period for public comment may be extended at the sole discretion of the Secretary.

The applicant shall comply with any additional notice requirements specified in the general permit.

c. Issuance or Denial of Authorizations

If the Secretary determines that an application is complete and that the proposed activity meets the terms and conditions of the general permit, the Secretary shall issue an authorization unless the Secretary determines that an individual permit is required pursuant to Section 9.8(e).

Denials of an authorization shall be issued in writing, stating the reasons for the denial. If an application is denied for lack of technical or other information, the Secretary will provide appropriate information to help the applicant correct the deficiencies and re-apply for an authorization.

d. Revocation of an Authorization

The Secretary may, after notice and opportunity for a hearing, revoke or suspend, in whole or in part, an authorization under a general permit for cause, including:

1. violation of the terms or conditions of the general permit;

2. obtaining authorization by misrepresentation or failure to fully disclose all relevant facts;

3. a change in any condition that requires either a temporary or permanent reduction or elimination of the authorized activity.

e. Requiring Coverage under an Individual Permit

The Secretary may require a person applying for an authorization under a general permit to apply for an individual permit. Cases where an individual permit may be required include the following:

1. the applicant is not in compliance with the terms and conditions of the general permit;

2. the activity does not qualify for authorization under a general permit taking into account the location of the activity, the size of the activity, or the impact of the activity on the functions of the wetland or buffer zone in question.

f. Requiring Authorization under a General Permit

The Secretary may require a person applying for an individual permit to apply for authorization under a general permit provided the Secretary finds that the activity complies with all conditions of the general permit and the activity is more appropriately covered under the general permit.

g. Nonreporting General Permits. The Secretary may, at his or her discretion, issue a nonreporting general permit.

Section 10 Appeals

Appeals from any act or decision of the Secretary under these rules are governed by 10 V.S.A. § 8504.

Appendix A Class One Wetlands

This appendix shows those wetlands that have been designated as Class I wetlands as provided for in Section 7 of the Vermont Wetland Rules.

Addison County

NONE

Bennington County

Dorset Marsh, Dorset, 4/22/92, WET-90-03

Caledonia County

NONE

Chittenden County

Northshore Wetland, Burlington, 9/18/00, WET-00-03

Essex County

NONE

Franklin County

NONE

Grand Isle County

NONE

Lamoille County

NONE

Orleans County

NONE

Rutland County

Tinmouth Channel Wetland, Tinmouth, 12/13/01, WET-01-07

Washington County

NONE

Windham County

NONE

History

• STATUTORY AUTHORITY: 10 V.S.A. § 6025
• EFFECTIVE DATE: February 23, 1990
• AMENDED: September 19, 1990 Secretary of State Rule Log #90-40; August 1999 [Technical Revision]; January 1, 2002 Secretary of State Rule Log #01-71; August 1, 2010 Secretary of State Rule Log #10-027

Chapter 058 RULES REGULATING THE MOORING OF VESSELS IN MALLETTS BAY, LAKE CHAMPLAIN

12-058 Code Vt. R. 12-004-058-X RULES REGULATING THE MOORING OF VESSELS IN MALLETTS BAY, LAKE CHAMPLAIN

Rule No.1

All public waters in Mallets Bay and portions of Lake Champlain adjacent to the Town of Colchester are hereby designated a Mooring Management Area This Mooring Management Area is depicted on a map, entitled "Town of Colchester Mooring Management Area and Mooring Management Zones" dated March 29, 1993 hereby incorporated.

Rule No.2

Within the Mooring Management Area, six (6) Mooring Management Zones (MMZ) are designated, as depicted on the above-referenced map.

Rule No.3

Pursuant to 10 VSA § 1424(f), the board delegates authority to regulate moorings in MMA 1-6 to the Town This delegation shall be effective only when both of the following requirements are met.

a. The Town has duly adopted ordinance for implementing this delegation; and

b. The Board has determined in writing that the implementing ordinance, and any subsequent amendment to that ordinance, is consistent with the provisions of 10 V.S.A. § 1424, and general managment policies pertaining to the use of public waters adopted by the Board, and these rules.

Rule No.4

When the delegation to the Town is in effect, moorings are prohibited in teh Mooring Management Area except as may be allowed in the Mooring Management Zones under the implementing ordinance.

Rule No.5

The Town's implementing ordinace shall contain the following provisions:

a. No existing moorings shall be "grandfathered" in the Mooring Management Area.

b. Within MMZ 1, 5, and 6 the Town may prohibit new moorings or limit their placement until May 30 of the year following the adoption of a management plan for these waters.

c. Within any MMZ, the Town may prohibit new moorings or require relocation of existing moorings taking into consideration teh endangered plant and animal species, fish or wildlife habitat, public lands or scenic areas.

d. Within any MMZ, the Town may prohibit new moorings or require relocation of existing moorings taking into consideration the actual or potential adverse impacts on established recreational and other uses of the water, including public and private water supplies.

e. Mooring permits shall be for a specified period of time determined by the Town with due regard for the economic considerations within a period not to exceed one year if not used. A permit for an existing mooring that has been authorized by a permit issued under 29 V.S.A. Chapte 11 or that has a specified expiration date may be issued for a period not to exceed that expiration date. All other mooring permits shall be issued for a period not to exceed the term of this delegation. However, all permitted moorings as of January 1, 1999 may be renewed subject to criteria established by any extension or expansion of the delegation granted pursuant to Rule 15.

Rule No.6

The Town's implementing ordinance shall identify classes of applicants and shall establish criteria for prioritizing the granting of mooring permits that are consistent with the following:

a. First priority in the issuance of mooring permits shall be given to existing moorings that have been authorized by a permit issued under 29 V.S.A. Chapte 11;

b. Second priority in the issuance of mooring permits shall be given to existing lawful moorings that are not authorized by a permit issued under 29 V.S.A. Chapter 11;

c. Third priority shall be given to those moorings that do not qualify under priority one or two.

d. Within each class of applicants, higher priority shall be given to those mooring arrangements that are the most space efficient per vessel accomodated.

Rule No.7

The Town's implementing ordinance shall ensure that the general public is able to compete for available mooring capacity in all MMZ's on an equitable basis.

Rule No.8

The Town shall require all applicants to demonstrate that:

a. Moorings are located within a reasonable distance of the point of access; and

b. The point of access has adequate on-shore support facilities for the number of moorings served; and

c. The point of access support facilities are consistent with applicable zoning requirements and state law.

Rule No.9

The Town may establish and collect reasonable mooring fees However, said fees shall be established only to meet the administrative costs of the Town directly related to the regulation of moorings within the MMZ's Any schedule of fees shall be incorporated in the implementing ordinance and in the case of multiple-year permits shall allow payment on an annual basis.

Rule No.10

The Town may enforce the implementing ordinance through its general police power, consistent with the penalty and enforcement provisions of the Charter of the Town of Colchester, as amended.

Rule No.11

The Town shall appoint a Harbormaster, who shall be a law enforcement officer of the Town of Colchester, to administer and enforce the implementing ordinance.

Rule No.12

The Town's implementing ordinance shall provide for a process by which a person in interest aggrieved by a decision or act of the Harbormaster may appeal to the Town The ordinance also shall specifiy that appeals from any final action of the Town, other than an enforcement action, shall be filed with the Board.

Rule No.13

Any powers not expressly delegated to the Town by these rules and incorporated in the implementing ordinance as approved by the Board under Ru7le 3, shall be retained by the Board If another state or federal agency has jurisdiction over the waters otherwise subject to regulation under 10 VSA § 1424, the other agency's rules shall apply if inconsistent with, or more restrictive than, the implementing ordinance.

Rule No.14

This delegation shall expire on January 1, 1999 The Board may terminate this delegation upon six months notice to the Town as provided for in 10 VSA § 1424(6).

Rule No.15

The Board will propose additional rules extending and expanding the scope of this delegation of authority to the Town when

a. A management plan for the public waters within the Mooring Management Area, is developed that addresses the following provisions:

(1) Identifies those waters in which specific uses of public waters, including but not limited to the mooring of vessels, should be further regulated or prohibited in a manner that avoids or minimizes redundancies in the review process where there is concurrent jurisdiction byu state or federal agencies; and

(2) After considering all uses of the waters, identifies a basis for determining limits on the number of moored vessels that should be accommodated in each MMZ; and

(3) Identifies a strategy for reducing the surface area of Malletts Bay devoted to the mooring of vessels by encouraging more space effecient methods of moorage. This strategy shall consider the cost of implementation and in that context may provide for achieving this objective over a reasonable period of time provided that well defined mileposts are established so that progress can be tracked; and

(4) Identifies a strategy for insuring that access to the limited capacity of Mallets Bay for appropriate recreational and othe uses, including the mooring of boats, is available to the general public in an equitable manner; and

(5) Identifies a strategy by which the Town and State will work in a coordinated manner to increase and improve public access; and

(6) Is consistent with any general management policies pertaining to the use of public waters adopted by the Board; and

b. The Town petitions the Board under 10 V.S.A. § 1424 for such a delegation where the petition is consistent with the presented management plan.

Rule No.16

For purposes of these rules, the terms below shall have the following meanings

a. Board shall mean the Vermont Water Resources Board.

b. Town shall mean the Town of Colchester.

c. Mooring shall mean any equipment, structure or system for securing a vessel in the water beyond the mean water level. Each vessel shall be considered to be attached to a separate mooring for the purpose of counting moorings. Mooring shall not mean docks, that are either exempt or permitted, pursuant to 29 V.S.A. Chapter 11, but shall include the equipment, structure or system to attach vessels to the docks. Mooring shall not mean anchoring.

d. Anchoring shall mean to secure a vessel within a MMZ for a period not exceeding 72 hours.

e. Vessel means every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water ( 23 V.S.A. § 3302(11)) .

f. Existing mooring means any mooring determined by the Town to have been established as of January 1, 1992.

g. New mooring means any mooring not determined by the town to have been established as of January 1, 1992.

h. Management plan means a surface use management plan prepared in cooperation with the Town and the Secretary of the Vermont Agency of Natural Resources.

i. On-shore support facilities includes but is not limited to roads or other means of access, parking areas, sanitary waste disposal facilities and trash disposal.

ADDENDUM

MMZ - 1, Clay Point/Malletts Creek - Beginning at a point, X 93614.7 - Y 234766, in the centerline of the Lamoille River, then southerly for a distance of 2,085.02 FT (635.51 M) to a point, X 93880 - Y 234188, then southerly for a distance of 10,270 FT (3130.3 M) to a point, X 94613.1 - Y 231145, then south easterly for a distance of 4,830.3 FT (1472.3 M) to a point, X 95889.4 - Y 230411, then easterly for a distance of 5,843.4 FT (1781.1 M) to a point, X 97577.7 - Y 230978, then southerly for a distance of 1,797.1 FT (547.75 M) to a point, X 97559.2 - Y 230431, then in an easterly direction for a distance of 1,372.3 FT (418.3 M) to a point on the shoreline, X 97975.4 - Y 230389, then northerly along the shoreline to the beginning point, X 93614.7 - Y 234766.

MMZ - 2, Malletts Creek/Bayside Park - Beginning at a point, X 97975.4 - Y 230389, on the shoreline north of the confluence of Malletts Creek and inner Malletts Bay, then in a westerly direction for a distance of 1,372.29 FT (418.3 M) to a point, X 97559.2 - Y 230431, then in a south, south westerly direction for a distance of 5,300.6 FT (1615.62 M) to a point, X 97229.5 - Y 228849, then south westerly for a distance of 7,055.4 FT (2150.48 M) to a point on the shoreline, X 95562.2 - Y 227496, then in a northerly direction along the shoreline to the beginning point, X 97975.4 - Y 230389.

MMZ - 3, Bayside Park/Coates Island - Beginning at a point on the shoreline at Bayside Park, X 95562.2 - Y 227496, then in a northerly direction for a distance of 4,516.0 FT (1376.5 M) to a point on the northeast shoreline of Coates Island, X 95341.3 - Y 228854, then along the shoreline in a southerly direction to the point of beginning, X 95562.2 - Y 227496. (Including a fairway for Malletts Bay Boat Club).

MMZ - 4, Spaulding Bay/Marble Island - Beginning at a point on the northeast shoreline of Coates Island, X 95341.3 - Y 228854, then in a northerly direction for a distance of 6,555.6 FT (1998.2 M) to a point on the north end of Marble Island, X 94390.8 - Y 230611, then in a westerly direction for a distance of 2,391.6 FT (728.9 M) to a point on the northern shore of Malletts Head, X 93664 - Y 230555, then in a south, south easterly direction along the shoreline to the beginning point, X 95341.3 - Y 228854. (Including a fairway for the State Fishing Access).

MMZ - 5, Malletts Head/Thayer Beach/Porters Point/MIlls Point

• Beginning at a point on the west shoreline of Malletts Head, X 93449 - Y 230350, then in a southerly direction for a distance of 2,636.8 FT (803.7 M) to a point, X 93184.1 - Y 229592, then in a westerly direction for a distance of 7,854.3 FT (2394.0 M) to a point, X 90953 - Y 228724, then north westerly for a distance of 2,333.7 FT (711.3 M) to a point, X 90374.4 - Y 229138, then westerly for a distance of 6,500.6 FT (1998.6 M) to a point on the east side of the railroad fill, X 88394.4 - Y 229068, then southerly along the railroad fill to its intersection with the shoreline, X 88394.3 - Y 229068, then southerly along the railroad fill to its intersection with the shoreline, X 88697.3 - Y 228724, then in an easterly direction along the shoreline to the beginning point, X 93449 - Y 230350.

MMZ - 6, Colchester Point/Delta Park - Beginning at a point on the west side of the railroad fill, X 88377.4 - Y 229060, then in a south westerly direction for a distance of 2,662.3 FT (811.5 M) to a point X 87886 - Y 228414, then southerly for a distance of 656.5 FT (189.8 M) to a point, X 87895.8 - Y 228214, then south easterly for a distance of 10,928.6 FT (3331.0 M) to a point, X 90278.5 - Y 225886, then easterly for a distance of 2,011.4 FT (613.1 M) to a River, then 176.5 FT (53.8 M) northerly to a point, X 90865.1 - Y 225933 on the shoreline, then northerly along the shoreline to the beginning point, X 88377.4 - Y 299060.

[See graphic or tabular material in printed version]

History

• Effective: May 28, 1993 (SOS Rule Log #93-28)

Chapter 059 USE OF PUBLIC WATERS

12-059 Code Vt. R. 12-004-059-X USE OF PUBLIC WATERS

Section 1 Applicability and Purpose

1.1 General

The Use of Public Waters Rules (Rules) govern the aquatic resources management of the public waters of Vermont by the Water Resources Panel of the Vermont Natural Resources Board under 10 V.S.A. § 1424. The Rules establish a number of general management rules to protect normal uses on all lakes, ponds and reservoirs.

Appendices attached to these Rules are rules of the Water Resources Panel adopted pursuant to the authority of 10 V.S.A. § 1424.

The Rules also provide guidance for the review of petitions filed pursuant to 10 V.S.A. § 1424 seeking the adoption of rules regulating the use of particular public waters. The Rules attempt to avoid, where possible, and resolve, when necessary, conflicts in the use of public waters in a comprehensive and integrated manner so that the various uses may be enjoyed in a reasonable manner, considering the best interests of both current and future generations of the citizens of the state and insuring that natural resource values of the public waters are fully protected.

1.2 Authority

These Rules are promulgated by the Water Resources Panel of the Natural Resources Board pursuant to the authority granted by 10 V.S.A. §§ 1424(a) and 6025(d)(4).

1.3 Severability

The provisions of these Rules are severable, and the invalidity of any section, phrase, clause or part of these Rules shall not affect the validity or effectiveness of the remainder of the Rules.

Section 2 Consideration of Petitions Filed Under 10 VSA Section 1424

In addition to any applicable provisions of the Rules of Procedure of the Natural Resources Board, the following procedures shall be followed when petitions filed under 10 V.S.A. § 1424 are considered:

2.1 A public hearing is usually scheduled on the Water Resources Panel's own initiative at a location convenient to the waters affected. Except when public safety or emergency situations require otherwise, or for other good cause:

a. the initial public hearing regarding rules proposed in response to those petitions seeking to regulate summer recreational uses on a specific body of water will be held during the months of June through September;

b. all such petitions will be considered in a consolidated rulemaking proceeding once a year. Consideration of petitions filed after May 1 may be deferred until the following calendar year; and

c. a public hearing will be held in a place convenient to the waters affected when requested by 25 or more persons, the legislative body of any municipality in which the affected waters are located, any governmental subdivision or agency, or an association having 25 or more members.

2.2 In evaluating petitions and associated public comments, the following factors, at a minimum, will be considered: the size and flow of navigable waters, the predominant use of adjacent lands, the depth of the water, the predominant use of the waters prior to regulation, the uses for which the water is adaptable, the availability of fishing, boating, and bathing facilities, and the scenic beauty and recreational uses of the area.

The public waters will be managed so that the various uses may be enjoyed in a reasonable manner, considering safety and the best interests of both current and future generations of citizens of the state and the need to provide an appropriate mix of water-based recreational opportunities on a regional and statewide basis.

2.3 In evaluating normal recreational and other uses, the following uses will be among those considered: fishing, swimming, boating, waterskiing, fish and wildlife habitat, wildlife observation, the enjoyment of aesthetic values, quiet solitude of the water body, and other water-based activities.

2.4 When considering the establishment of either general or specific rules for the use of public waters under 10 V.S.A. § 1424 the following persons and entities, at a minimum, will be consulted: the Agency of Natural Resources, the Department of Public Safety, affected municipalities, lake associations, regional planning commissions, affected recreational user groups, and environmental and conservation organizations that have expressed an interest and the public.

2.5 Any delegation of authority to manage the use of public waters to eligible municipalities ( 10 V.S.A. § 1424(f)) shall be made only when it is found that such action is consistent with:

a. the provisions of 10 V.S.A. § 1424 and any other applicable Vermont law,

b. the provisions these Rules, and

c. any surface water use management plan adopted in accordance with 10 V.S.A. § 1423 by the Secretary of the Agency of Natural Resources.

2.6 Use conflicts shall be managed in a manner that provides for all normal uses to the greatest extent possible consistent with the provisions of Section 2.2 of these Rules.

2.7 When regulation is determined to be necessary, use conflicts shall be managed using the least restrictive approach practicable that adequately addresses the conflicts.

2.8 When addressing issues common to more than one body of water, uniform and consistent rules shall be adopted when appropriate.

2.9 When regulation is determined to be necessary to resolve conflicts involving the operation of vessels, priority will be given to managing the manner in which vessels are used or operated, such as by imposing speed limits or separating conflicting uses by designating specific times or places where various uses are allowed.

2.10 When regulation is determined to be necessary to resolve conflicts between two or more normal uses, priority will be given to resolving the conflict by separating the conflicting uses, such as by designating specific times or places where various uses are allowed.

2.11 Those water bodies which currently provide wilderness-like recreational experiences shall be managed to protect and enhance the continued availability of such experiences.

Section 3 General Rules for Lakes, Ponds and Reservoirs Located Entirely within the State of Vermont [n1]

[n1 This section does not apply to Lake Champlain, Lake Memphremagog, Wallace Pond, and the Connecticut River Reservoirs.]

3.1 Rule Applicability

The rules in this section shall apply to all lakes, ponds and reservoirs that are public waters and are located entirely within the State of Vermont1 regardless of their surface area unless:

a. they are in conflict with rules adopted by the Water Resources Panel under 10 V.S.A. § 1424 that address issues unique to a particular body of water; such rules for particular bodies of water are set out in Appendix A hereto;

b. they are in conflict with the terms of a license, permit or rule adopted or issued by another agency having jurisdiction over the public waters or a particular use of the waters; or

c. law enforcement, emergencies or the performance of official duties by a governmental agency require otherwise.

Rules for Vermont waterbodies adopted under the authority of 10 V.S.A. § 1424, are set out in Appendix A.

3.2 Maximum Speed Limits and Other Operational Requirements

Vessels powered by motor shall, in addition to the requirements of 23 V.S.A. § 3311(a) pertaining to careless and negligent operation:

a. not exceed five m.p.h. on lakes, ponds and reservoirs upon which the operation of vessels powered by motor at substantially higher speeds is not a normal use, or that have a surface area of 75 acres or less, or that have less than 30 contiguous acres outside the shoreline safety zone, or upon which the use of internal combustion motors is prohibited; and

b. not be operated in such a manner that either the hull of the vessel or its underwater exhaust outlet completely leaves the water as a result of crossing or jumping the wake of any vessel, including its own wake, or for any other reason.

3.3 Use of Personal Watercraft

a. The use of personal watercraft is prohibited on lakes, ponds and reservoirs:

(1) that have a surface area less than 300 acres, or

(2) that as of May 1, 1995, had a maximum speed limit of 5 m.p.h. or less, or

(3) on which the use of internal combustion motors to power vessels is prohibited.

b. The above prohibition on personal watercraft may be modified on a case-by-case basis in response to petitions filed pursuant to 10 V.S.A. § 1424.

3.4 Use of Aircraft on Public Waters

Except where the use by aircraft is specifically authorized in accordance with 5 V.S.A. Chapter 9, the use of aircraft is prohibited from May 1 through November 30 on all lakes, ponds and reservoirs:

a. that have a surface area of less than 75 acres, or

b. where the maximum speed limit for vessels powered by motors is 5 m.p.h. or less, or

c. where the use of internal combustion motors is prohibited.

3.5 Use of Internal Combustion Motors

Use of internal combustion motors to power vessels on lakes, ponds and reservoirs is prohibited where the use of such motors was not a normal use prior to January 1, 1993.

3.6 Protection of Loon Nesting Sites

Between May 1 and July 31 all persons and vessels are prohibited from public waters within 300 feet of any loon nesting site that the Secretary of the Agency of Natural Resources or his/her authorized representative has identified by signs and buoys or other clear on-site markings.

3.7 Petitions

Exceptions or modifications to the general rules in this section and petitions for lake-specific rules or delegations under § 1424(f) will be considered on a case-by-case basis in response to petitions filed in accordance with 10 V.S.A. § 1424. In reviewing all such petitions, the policies in Section 2 above shall be considered. The petitioner shall have the burden of persuasion that the requested exceptions or modifications are consistent with the policies in Section 2 and applicable statutory requirements.

In addition to the requirements in the Natural Resources Board's Rules of Procedure, such petitions shall:

a. identify all normal uses affected by the petition and include a statement as to why the petition complies with the applicable provisions of Section 2 of these rules and

b. describe those actions that the petitioners have taken to review the concerns prompting the petition with local officials and users of the body of water in question.

The Water Resources Panel may hold a preliminary hearing prior to determining whether to initiate a rulemaking in response to any petition.

Section 4 General Rules for All Lakes, Ponds and Reservoirs Including Those Not Located Entirely within the State of Vermont

4.1 Control of Aquatic Nuisance Infestations

a. "Aquatic nuisances" are aquatic plants or animals that are not native to Vermont and which constitute a nuisance to normal uses of the affected waters.

b. Where necessary to prevent, control or contain the spread of aquatic nuisance infestations, the Secretary of the Agency of Natural Resources or his/her authorized representative may identify by signs, buoys or other means, areas of public waters as temporarily closed to all persons, or to all vessels or both in order to prevent, control or contain the spread of aquatic nuisance infestations provided that:

(1) the total area closed constitutes not more than 10 percent of the surface area or 50 acres, whichever is less, of the lake, pond or reservoir;

(2) the total area adjacent to the shoreline closed constitutes not more than 10 percent of the shoreline of the lake, pond or reservoir;

(3) every reasonable effort has been made to configure the area closed to minimize the impact on the use of any public access area and to provide access to the body of water for all shoreline property owners; and

(4) such action will enhance the efficacy of an active program designed and implemented to prevent, control or contain the spread of an aquatic nuisance infestation.

c. For areas to be temporarily closed for a period not exceeding 90 days, the Secretary shall provide written notice of the designation of all areas being closed within five days of the date of the notice to: the clerk of each Vermont municipality in which the lake, pond or reservoir is located, the lake association, if any, for the affected body of water, any person or organization requesting such notice in writing to the Secretary, and the Water Resources Panel. Such notice shall indicate the target aquatic nuisance and include a map indicating all areas of a lake, pond or reservoir being temporarily closed.

d. For areas to be temporarily closed for a period exceeding 90 days, the Secretary shall first provide written notice and an opportunity for comment for not less than 15 days prior to the effective date of the closure. Such notice shall be provided to: the clerk of each Vermont municipality in which the affected body of water is located, the lake association, if any, for the affected body of water, any person or organization requesting such notice in writing to the Secretary, and the Water Resources Panel. In addition, the Secretary shall also publish the same notice in a newspaper of general circulation in the area of the affected body of water no less than 15 days prior to the effective date of the closure. Such notice shall indicate the target aquatic nuisance and describe all areas of a lake, pond or reservoir being temporarily closed. Upon receipt, within the notice period, of a written request for a public informational meeting from a municipality or 10 or more persons in interest, the Agency shall hold a public informational meeting at a location convenient to the affected water body. Notice of the meeting shall be given to all persons receiving written notice, all persons who filed written comments or who request the informational meeting within the comment period, and other persons the Agency considers appropriate.

e. The area(s) temporarily closed under subsection (d) shall be periodically reviewed by the Secretary to determine whether the purpose of preventing, controlling or containing the spread of the target aquatic nuisance is being achieved. This review shall, at a minimum, occur within 15 days of the first anniversary of the initial designation and every two years thereafter.

f. Upon written request by any person required to receive notice under subsections (c) or (d) of this section, or ten or more persons in interest, the Water Resources Panel shall consider whether to reopen any area closed by the Secretary under the provisions of this section.

g. In implementing the provisions of this section, the Secretary shall display notice and a map of the areas closed under the provisions of section 4.1(c) and (d) at any public access areas to the affected lake and may authorize employees and persons not employed by the Agency to enter identified areas for the purposes of:

(1) the placement of signs, buoys or other markers, or

(2) taking such actions as are authorized by the Secretary to control the aquatic nuisance infestation.

4.2 Performance of Official Duties

This section shall not restrict law enforcement or emergency operations or the performance of official duties by a governmental agency.

Section 5 Definitions

For the purposes of these Rules, the terms below shall have the following meanings unless a different meaning clearly appears from the context.

5.1 Board: The Water Resources Panel of the Vermont Natural Resources Board or the Water Resources Panel's delegate under 10 V.S.A. § 1424(f).

5.2 Disturbing wake: The wake caused by a vessel traveling at a speed (a) greater than the slowest speed at which it is still possible to maintain steerage and headway, or (b) which is greater than 10 mph, whichever is less.

5.3 Internal combustion motor: A motor, such as a gasoline or a diesel motor, in which fuel is burned within the motor proper rather than in an external furnace as in a steam engine.

5.4 Navigable water or navigable waters: Lake Champlain, Lake Memphremagog, the Connecticut River, all natural inland lakes within Vermont and all streams, pond, flowages and other waters within the territorial limits of Vermont, including the Vermont portion of boundary waters, which are boatable under the laws of this state (see 10 V.S.A. § 1422(4)) .

5.5 Normal Use: Any lawful use of any specific body of public water that occurred on a regular, frequent and consistent basis prior to January 1, 1993.

5.6 Personal Watercraft: A Class A vessel which uses an inboard engine powering a water jet pump as its primary source of motive power and which is designed to be operated by a person or persons sitting, standing, or kneeling on, or being towed behind, the vessel rather than in the conventional manner of sitting or standing inside the vessel (see 23 V.S.A. ' § 3302(8)).

5.7 Private pond:

(a) A natural pond of not more than twenty acres, or

(b) an artificial pond of any size, when such natural or artificial pond is located entirely upon lands owned by one person or entity.

5.8 Private preserve: A private pond created or used solely for the purpose of fish culture.

5.9 Public Waters: Navigable waters excepting those waters in private ponds and private preserves as set forth in 10 V.S.A. §§ 5204, 5205, 5206 and 5210. (see 10 V.S.A. § 1422(6) and 23 V.S.A. § 3302(9)).

5.10 Recreational User Group: An organized group representing a discrete group of recreational users of public waters.

5.11 Shoreline Safety Zone: That portion of the surface area of public waters within 200 feet of the shoreline.

5.12 Surface Area: The surface area of a lake, pond or reservoir as shown on Appendix A.

5.13 Vessel: Every description of watercraft, other than a seaplane on the water, used or capable of being used as a means of transportation on water (see 23 V.S.A. § 3302(11)) .

Appendix A Lake-Specific Rules Regulating the Use of Public Waters 10 V.S.A§1424

Notes about this Appendix

1. This Appendix sets out rules for Vermont waterbodies subject to regulation by the Water Resources Panel of the Natural Resources Board pursuant to 10 V.S.A. §

These waterbodies are covered by the general rules of Section 3 of the Vermont Use of Public Waters Rules (VUPW Rules), or specific rules promulgated as a result of Water Resources Board or Water Resources Panel actions arising from petitions, or both. Where a waterbody is not presently subject to either a general or specific rule, it is noted.

This Appendix is not complete list of all waterbodies subject to the Panel's jurisdiction as it includes only lakes and ponds which are greater than 20 acres in surface area. It does not include many smaller lakes or ponds or many rivers and streams that may fall within the definition of a "public water." See, 10 V.S.A. Ch. 49.

2. The number in the parentheses following the name and location of the waterbody is its surface area in acres. Where an asterisk (*) appears after such number, the waterbody has been determined to have less than 30 contiguous acres outside the "shoreline safety zone" ("That portion of the surface area of public waters within 200 feet of the shoreline," see VUPW 5.10) and is therefore subject to the general 5 mph speed limit imposed by VUPW Rule 3.2(a).

References in the rules are either to petition numbers for waterbody-specific rules (e.g., UPW No. 94-03) or to the general rule from Section 3 of the Rules (e.g., VUPW Rule 3.3).

4. The date which follows a reference to a rule is the date that the initial or amended rule went into effect in accordance with the Vermont Administrative Procedures Act, 3 V.S.A. § 845(d); exact dates are sometimes unclear for some rules adopted in the early 1970s. The date that the Water Resources Board or the Water Resources Panel voted to adopt a rule is not reflected in this Appendix.

Certain VUPW Rules apply to all Vermont waterbodies:

3.2 Maximum Speed Limits and Other Operational Requirements

Vessels powered by motor shall, in addition to the requirements of 23 V.S.A. § 3311(a) pertaining to careless and negligent operation, comply with the following ... requirements ...

b. not be operated in such a manner that either the hull of the vessel or its underwater exhaust outlet completely leaves the water as a result of crossing or jumping the wake of any vessel, including its own wake, or for any other reason.

3.6 Protection of Loon Nesting Sites

Between May 1 and July 31 all persons and vessels are prohibited from public waters within 300 feet of any loon nesting site that the Secretary of the Agency of Natural Resources or his/her authorized representative has identified by signs and buoys or other clear on-site markings.

These rules are not repeated in the lake-specific rules in this Appendix.

6. All general rules from Section 3 of the Rules are subject to the exceptions which appear in VUPW Rule 3.1.

7. When the Water Resources Board adopted the first set of general UPW Rules in 1995 (No. UPW 95-00, January 1, 1995), the Board deemed many earlier rules for specific waterbodies to be obsolete (e.g., a rule which prohibited waterskiing was obsolete in light of a five mph speed limit). Further, early rules for many waterbodies included provisions, referenced in the UPW Notes 5.13 - 5.16, which the Board subsequently found to serve "no useful purpose." In re Lake Hortonia (Hubbardton, Sudbury), No. UPW 85-01, Decision (Sep. 26, 1985). When the 1995 UPW Rules were adopted, therefore, many of these earlier rules were repealed. This Appendix contains no reference to these earlier, obsolete (and now repealed) rules, nor does it specifically reference those lake-specific rules which were amended by the 1995 UPW Rules.

8. When the Water Resources Board adopted the first set of general UPW Rules in 1995 (No. UPW 95-00, January 1, 1995), the Board determined that that the use of internal combustion motors was not a normal use prior to January 1, 1993 on some waterbodies. References to VUPW Rule 3.5 in the lake-specific rules in this Appendix reflect these determinations.

9. A complete history of the adoption, amendment and repeal of all waterbody-specific rules can be found in the UPW Notes on the Water Resources Panel's website athttp://www.nrb.state.vt.us/wrp/upwnotes.htm

10. Please note that other Vermont statutes also govern the operation of vessels on Vermont waters. See 23 V.S.A. Ch. 29, subch. 2.

Lake Abenaki, Town of Thetford (44*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Adams Reservoir, Town of

Woodford (21*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, January 1, 1987 (No. UPW 86-05)

Amherst Lake, Town of Plymouth (81)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Arrowhead Mountain Lake, Towns of Milton and Georgia (760)

a. Vessels powered by motor shall not exceed a speed of five miles per hour within the northeastern arm of the Lake.

b. Personal watercraft are prohibited from operating within the northeastern arm of the Lake, except for a corridor within 200 feet of the shoreline between the public fishing access and the main body of the Lake. As shown on the map on page C-2.

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rules a and b, January 3, 1996 (No. UPW 95-02)

Athens Pond, Town of Athens (21*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Austin Pond, Town of

Hubbardton (28*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Baker Pond, Town of

Barton (51*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Baker Pond, Town of

Brookfield (35*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Bald Hill Pond, Town of

Westmore (108)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Ball Mountain Reservoir, Town of Jamaica (76*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Batten Kill River, Town of Arlington

a. The following rule pertains to that section of the Batten Kill in the Town of Arlington between the Water Street Bridge on Vermont Route 313 and continuing downstream to the Vermont / New York border. For purposes of these rules this section of the river shall be known as the "regulated section."

b. The use of all motors, including electric motors to power vessels in the regulated section is prohibited.

Rules a and b, February 22, 1999 (No. UPW 98-04)

Bean Pond, Towns of Lyndon and Wheelock (24)*

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Bean Pond, Town of

Sutton (30*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Beaver Pond, Town of

Holland (40*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Beaver Pond, Town of

Weathersfield (49*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Beebe Pond, Town of

Hubbardton (111)

a. Waterskiing is prohibited.

b. Vessels powered by motors exceeding ten horsepower are prohibited.

c. A person operating a vessels powered by motor shall not exceed a speed limit of five miles per hour.

d. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

e. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rules a, b, and c, October 2, 1973 (No. UPW 72-05)

Belvedere Pond, Town of

Eden (97)

See: Long Pond (Belvedere Pond), Town of Eden

Berlin Pond, Town of Berlin (293)1)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Big Pond (

Woodford Lake), Town of Woodford (31*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Billings Marsh Pond, Town of West Haven (56*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Black Pond, Town of

Hubbardton (20*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, January 1, 1986 (No. UPW 85-02)

Black Pond, Town of

Plymouth (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Bliss Pond, Town of

Calais (46*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Blueberry Lake ( Warren Lake), Town of Warren (48*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Bomoseen, Towns of Castleton and Hubbardton (2415)

No lake-specific rules; but see VUPW Rules, Section 3

Bourn Pond, Town of

Sunderland (48*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Branch Pond, Town of

Sunderland (34*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Bristol Lake, Town of Bristol (248)

See: Winona Lake ( Bristol Lake), Town of Bristol

Brownington Pond, Towns of Brownington and

Derby (139)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Bruce Pond, Town of Sheffield (27*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Buck Lake, Town of Woodbury (39*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Burbee Pond, Town of

Windham (50*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Burr Pond, Town of

Pittsford (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Burr Pond, Town of

Sudbury (85)

a. No vessel powered by motor shall be operated anywhere on Burr Pond in excess of five miles per hour between the hours of 6:00 p.m. and 10:00 a.m. local time.

b. Any motorboat launched at the public Fish and Game access is to be utilized solely for the purpose of fishing on Burr Pond and shall be limited to a speed of five miles per hour regardless of when or where operated on Burr Pond.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rules a and b, September 29, 1972 (No. UPW 72-03)

Lake Carmi, Town of Franklin (1402)

No lake-specific rules; but see VUPW Rules, Section 3

Caspian Lake, Town of Greensboro (789)

a. Vessels powered by motor shall not exceed a speed of forty miles per hour between one half hour before sunrise and one half hour after sunset.

b. Vessels powered by motor shall not exceed a speed of ten miles per hour between one half hour after sunset and one half hour before sunrise.

c. Use of personal watercraft or any other Class A vessel which uses an inboard engine powering a water jet pump as its primary source of motive power is prohibited.

d. Ski slalom courses must comply with the following:

I. Construction

A. Length of the course measured on the surface of the water shall be no more than 600 feet.

B. There shall be no more than 16 buoys providing for no more than four slalom turns.

C. The buoys may be attached to an underlying framework located at least five feet below the surface of the lake.

II. Location

A. There may be no more than one course on the lake at any one time.

B. The location each year must be at least 1,000 feet from the prior year's location measured from the closest buoy of each such location.

C. The course must run as nearly parallel as possible to the nearest shore.

D. All buoys must be at least 800 feet from shore.

III. Use

A. Sanctioned or public competition or exhibitions are prohibited.

B. Use by personal watercraft or any vessel powered by motor other than a motorboat towing a water skier is prohibited.

C. Boat shall turn away from the nearest shore upon entrance to and exist from the course.

Rules a, b, c and d, February 1, 1992 (No. UPW 91-01)

Rule c, amended December 10, 2001 (No. UPW 01-01)

Cedar Lake (Monkton Pond), Town of Monkton (123)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Center Pond, Town of

Newark (79)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Lake Champlain (172,800 in Vermont)

No lake-specific rules; but see VUPW Rules, Section 3

Chandler Pond, Town of Wheelock (68)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Charleston Pond ( Lubber Lake), Town of Charleston (40*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Chipman Lake (Tinmouth Pond), Town of Tinmouth (79)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Chittenden Reservoir, Town of Chittenden (702)1

a. Vessels powered by motor shall not exceed five miles per hour.

b. The use of personal watercraft (as defined in 23 V.S.A. § 3302(8)) is prohibited.

c. Waterskiing is prohibited.

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rules a, b, and c, November 30, 2002 (No. UPW 02-02)

Clark Pond, Town of

Glover (33*)

See: Tildy's Pond (Clark Pond), Town of Glover

Clyde Pond, Town of

Derby (186)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Cobb Pond, Town of

Derby (27*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Cogman Pond, Town of

West Haven (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Coits Pond, Town of

Cabot (40*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Colby Pond, Town of

Plymouth (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Colchester Pond, Town of

Colchester (186)5

a. The operation of vessels powered by motor is prohibited.

b. Except in an emergency situation or as authorized by the Vermont Transportation Board in accordance with 5 V.S.A. Chapter 9, aircraft are prohibited from landing or taking off.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rules a and b, March 8, 1993 (No. UPW 91-03)

Cole Pond, Town of

Jamaica (41*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed a speed of five miles per hour.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, January 1, 1993 (No. UPW 90-02)

Rule b, February 1, 1992 (No. UPW 90-02)

Coles Pond, Town of

Walden (99)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Colton Pond, Town of Sherburne (27*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Connecticut River Reservoirs

No lake-specific rules; but see VUPW Rules, Section 3

Cranbury Meadow Pond, Town of

Woodbury (28*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Crescent Lake, Town of Sharon (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Crystal Lake, Town of Barton (763)

No lake-specific rules; but see VUPW Rules, Section 3

Curtis Pond, Town of

Calais (72*)

a. Vessels powered by motor shall not exceed a speed of five miles per hour (m.p.h.) north of the narrows as shown on the map on page C-1.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, February 14, 1995 (No. UPW 94-04)

Cutler Pond, Town of

Highgate (25*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Danby Pond, Town of

Danby (71)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Daniels Pond, Town of

Glover (66)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Danyow Pond, Town of

Ferrisburgh (192*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Deer Park Pond, Town of Halifax (22*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Dennis Pond, Town of

Brunswick (49*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Derby, Town of Derby (207)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Dewey's Mill Pond, Town of

Hartford (56*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Dog Pond, Town of

Woodbury (88*)2

See: Valley Lake (Dog Pond), Town of Woodbury

Lake Dunmore, Towns is

Salisbury and Leicester (1037)

No lake-specific rules; but see VUPW Rules, Section 3

East Long Pond, Town of

Woodbury (188)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Echo Lake, Town of Charleston (550)

No lake-specific rules; but see VUPW Rules, Section 3

Echo Lake (Keeler Pond), Towns of Sudbury and Hubbardton (54*)

a. The operation of vessels powered by a motor at speeds exceeding five miles per hour or in such a manner as to cause a disturbing wake is prohibited.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, November 29, 1982 (No. UPW 82-01)

Echo Lake, Town of Plymouth (104)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Lake Eden, Town of Eden (194)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Elfin Lake, Town of

Wallingford (16*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, January 1, 1988 (No. UPW 87-03)

Lake Eligo (Eligo Pond), Towns of Craftsbury and Greensboro (174)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Lake Elmore, Town of Elmore (219)

a. The provisions of Section 3.3(a)(1) not withstanding, the use of personnel watercraft is allowed between 10:00 a.m. and 7:00 p.m.

Rule a, February 28, 1997 (No. UPW 96-02)

Emerald Lake, Town of East Dorset (28*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, January 1, 1987 (No. UPW 86-02)

Evart's Pond, Town of

Windsor (62*)

See: Lake Runnemede (Evart's Pond), Town of Windsor

Ewell Pond, Town of

Peacham (51*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Fairfield Pond, Town of Fairfield (446)

No lake-specific rules; but see VUPW Rules, Section 3

Fairfield Swamp Pond, Towns of Swanton, St. Albans and Fairfield (152*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Lake Fairlee, Towns of Fairlee, West Fairlee and Thetford (457)

a. The use of personal watercraft (jet skis) is prohibited.

Rule a, February 22, 1999 (No. UPW 98-03)

Fern Lake, Town of Leicester (69*)

a. No vessel powered by motor shall be operated on Fern Lake at speeds in excess of five miles per hour or in such a manner as to cause a disturbing wake.

b. Except as may be authorized by the Vermont Aeronautics Board, no aircraft shall land on or take off from Fern Lake except under emergency conditions.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rules a and b, November 17, 1980 (No. UPW 80-02)

Flagg Pond, Town of

Wheelock (111)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Forest Lake, Town of Averill (62*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Forest Lake (Nelson Pond), Towns of Calais and Woodbury (133)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Forscythe Pond, Town of

Thetford (20*)

See: Mud Pond (Forscythe Pond), Town of Thetford

Fosters Pond, Town of

Peacham (61)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Gale Meadows Pond, Towns of Winhall and

Londonderry (195)6

a. Vessels powered by motor shall not exceed a speed of five miles per hour.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rule a, February 1, 1992 (No. UPW 90-03)

Gates Pond, Town of

Whitingham (30*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Gillett Pond, Town of

Richmond (30*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Glen Lake, Towns of Castleton, Fair Haven and Benson (206)6

a. No vessel powered by motor shall be operated anywhere on Glen Lake at speeds in excess of five miles per hour.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rule a, April 1, 1978 (No. UPW 75-01)

Great Averill Lake, Town of Norton (828)

a. The use of personal watercraft (i.e., jet skis) is prohibited.

Rule a, February 15, 2004 (No. UPW 03-01)

Great Hosmer Pond, Towns of Craftsbury and

Albany (149*)2, 7

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

b. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9.

Rule b, January 1, 1995, (No. UPW 95-00)

Green River Reservoir, Towns of Hyde Park and

Eden (653)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Greenwood Lake, Town of Woodbury (96*)2

a. Unless otherwise prohibited by law, vessels powered by motor when towing water-skier(s) shall travel in a counterclockwise direction.

b. Unless otherwise prohibited by law, waterskiing shall be limited to the following days and times:

Monday, Wednesday, Friday, Saturday and Sunday from noon until 7:00 p.m.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rules a and b, February 1, 1992 (No. UPW 90-01)

Rule b, amended, February 28, 1997 (No. UPW 96-03)

Lake Groton ( Groton Pond), Town of Groton (422)

No lake-specific rules; but see VUPW Rules, Section 3

Grout Pond, Town of

Stratton (84)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, August 28, 1974 (No. UPW 73-02)

Half Moon Pond, Town of

Hubbardton (23*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, January 1, 1987 (No. UPW 86-03)

Half Moon Pond, Town of

Fletcher (21*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Halfway Pond, Town of

Norton (22*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Halls Lake, Town of Newbury (85)

a. Waterskiing is limited to the hours between 9:00 a.m. and 7:00 p.m.

b. Vessels powered by motor shall not exceed a speed of 10 mph between one half hour after sunset and one half hour before sunrise.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rules a and b, February 1, 1992 (No. UPW 89-01)

Lake Hancock (Sucker Pond), Town of Stamford (51*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Hardwick Lake, Town of Hardwick (92*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Hardwood Pond, Town of

Elmore (44*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Harriman Pond, Town of

Newbury (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Harriman Reservoir, Towns of Whitingham and

Wilmington (2046)

No lake-specific rules; but see VUPW Rules, Section 3

Harvey's Lake, Town of

Barnet (351)

No lake-specific rules; but see VUPW Rules, Section 3

Haystack Pond, Town of

Wilmington (27*)1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

High Pond, Town of

Sudbury (20*)1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Hinkum Pond, Town of

Sudbury (60*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Holland Pond, Town of Holland (325)

No lake-specific rules; but see VUPW Rules, Section 3

Horse Pond, Town of

Greensboro (32*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Lake Hortonia (Horton Pond), Towns of Hubbardton and Sudbury (479)

No lake-specific rules; but see VUPW Rules, Section 3

Hough Pond, Town of

Sudbury (16*)

See: Huff (Hough) Pond, Town of Sudbury

Howe Pond, Town of

Readsboro (52*)1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Huff (Hough) Pond, Town of

Sudbury (16*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, August 7, 1984 (No. UPW 83-01)

Indian Brook Reservoir, Town of

Essex (50*)

a. The operation of vessels powered by internal combustion motors is prohibited.

b. Except in an emergency situation or as authorized by the Vermont Transportation Board in accordance with 5 V.S.A. Chapter 9, aircraft are prohibited from landing or taking off from Indian Brook Reservoir.

c. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

d. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rules a and b, April 20, 1989 (No. UPW 88-06)

Inman Pond, Town of

Fair Haven (85)1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Iroquois, Towns of Hinesbug and Williston (243)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Island Pond, Town of

Brighton (626)

No lake-specific rules; but see VUPW Rules, Section 3

Jacksonville Pond, Town of Whitingham (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Jobs Pond, Town of

Westmore (39*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Joe's Pond, Towns of Cabot and

Danville (396)

No lake-specific rules; but see VUPW Rules, Section 3

Keeler Pond, Towns of

Sudbury and Hubbardton (54*)

See: Echo Lake (Keeler Pond), Towns of Sudbury and Hubbardton

Keiser Pond, Towns of Peacham and

Danville (33*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Kennedy's Pond, Town of

Windsor (77)

See: Mill Pond (Kennedy's Pond), Town of Windsor

Kenny Pond, Town of

Newfane (26*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Kent Pond, Town of

Killington (99)4, 6

a. Vessels powered by motor shall not exceed 5 mph.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Kettle Pond, Towns of

Groton, Peacham and Marshfield (109)4, 6

a. Vessels powered by motor shall not exceed 5 mph.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Knapp Brook Pond #1, Towns of

Reading and Cavendish (25*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Knapp Brook Pond #2, Towns of

Reading and Cavendish (35*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Lakota Lake, Town of Barnard (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Lamoille, Town of Morristown (148)

a. Vessels powered by motor shall not exceed a speed of five miles per hour outside the northeastern arm of the lake as shown on the map on page C-4.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, December 10, 2001 (No. UPW 01-02)

Lamson Pond, Town of

Brookfield (24*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lefferts Pond, Town of

Chittenden (80)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Levi Pond, Town of

Groton (22*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lewis Pond, Town of

Lewis (68)

a. Vessels powered by motor shall not exceed a speed of five miles per hour (mph).

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, November 20, 1991 (No. UPW 89-03); reaffirmed (No. UPW 92-01)

Lily Pond, Town of

Londonderry (21*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lily Pond, Town of

Poultney (21*)

a. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

And see: Lake St. Catherine rules

Lily Pond, Town of

Vernon (41*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Little Averill Pond, Town of

Averill (467)

a. The use of personal watercraft (i.e., jet skis) is prohibited.

Rule a, February 15, 2004 (No. UPW 03-01)

Little Elmore Pond, Town of

Elmore (24*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Little Hosmer Pond, Town of

Craftsbury (180)6

a. Vessels powered by motors of more than ten horsepower are prohibited on Little Hosmer Pond.

b. No person shall operate a vessel powered by motor at any time at a speed in excess of five miles per hour on Little Hosmer Pond.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rules a and b, October 4, 1973 (No. UPW 73-01)

Little Pond, Town of

Franklin (95)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Little Lake, Town of

Wells (177)

See: Lake St. Catherine rules.

Long Pond (Belvedere Pond), Town of

Eden (97)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Long Pond, Town of

Greensboro (100)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, September 22, 1975 (No. UPW 74-02)

Long Pond, Town of

Milton (47*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Long Pond, Town of

Sheffield (38*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Long Pond, Town of

Westmore (90)3

a. Vessels powered by motor shall not exceed 5 mph.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Love's Marsh, Town of

Castleton (62*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lowell Lake, Town of Londonderry (109)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, April 13, 1988 (No. UPW 87-04)

Lower Pond (

Lake Sunset), Town of Hinesburg (58*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Lower Syme's Pond, Town of

Ryegate (57*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Lubber Lake, Town of Charleston (40*)

See: Charleston Pond ( Lubber Lake), Town of Charleston

Lyford Pond, Town of

Walden (33*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Lake Madeline, Town of Sandgate (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Maidstone Lake, Town of Maidstone (745)

No lake-specific rules; but see VUPW Rules, Section 3

Lake Mansfield, Town of Stowe (35*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Marshfield Pond, Town of Marshfield (69*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Martin Pond, Town of

Williamstown (28*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Martins Pond, Town of

Peacham (82)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

May Pond, Town of

Barton (85)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, January 1, 1988 (No. UPW 87-02)

McAllister Pond, Town of

Lowell (25*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

McConnell Pond, Town of

Brighton (87)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

McIntosh Pond, Town of

Royalton (23*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Lake Memphremagog, Towns of Derby and Coventry and City of Newport (5966 in Vermont)

See Appendix D, attached.

VUPW Rules, Appendix D, November 17, 2000 (No. UPW 00-01); amended, February 6, 2006 (No. UPW 05-01)

Metcalf Pond, Town of

Fletcher (81*)2

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Mile Pond, Town of

Ferdinand (26*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Miles Pond, Town of

Concord (205)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Mill Pond (Parson's Mill Pond), Town of

Benson (39*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Mill Pond (Kennedy's Pond), Town of

Windsor (77)

a. The operation of vessels and vehicles powered by an internal combustion motor except snowmobiles on a designated trail is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, March 9, 1989 (No. UPW 88-02)

Miller Pond, Town of

Strafford (64)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Milton Pond, Town of

Milton (24*)1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Minards Pond, Town of

Rockingham (46*)1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Mirror Lake (No. 10 Pond), Town of Calais (85)

a. Vessels powered by motor shall not exceed a speed of five miles per hour.

b. A no-wake zone shall apply to the entire pond.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, December 17, 1978 (No. UPW 78-02); amended February 14, 2005 (No. UPW 04-02)

Rule b, February 14, 2005 (No. UPW 04-02)

Lake Mitchell, Town of Sharon (28*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Molly's Pond, Town of

Cabot (38*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Molly's Falls Reservoir, Town of

Cabot (397)

No lake-specific rules; but see VUPW Rules, Section 3

Monkton Pond, Town of

Monkton (123)

See Cedar Lake (Monkton Pond), Town of Monkton

Lake Morey, Town of

Fairlee (547)

a. Vessels powered by motor shall not exceed a speed of forty miles per hour.

b. The use of personal watercraft (jet skis) is prohibited.

Rule a, February 1, 1992 (No. UPW 88-05)

Rule b, February 22, 1999 (No. UPW 98-03)

Mud Pond, Town of

Craftsbury (35*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Mud Pond, Town of

Granby (55*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Mud Pond, Town of

Leicester (23*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Mud Pond (North), Town of

Morgan (35*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Mud Pond, Town of

Peacham (34*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Mud Pond (Forscythe Pond), Town of

Thetford (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Mud Creek Pond, Town of

Alburg (333)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Mudd Pond, Town of

Hubbardton (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5) N.E. Developers Pond, Town of

Wells (27*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Neal Pond, Town of

Lunenburg (185)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Nelson Pond, Towns of

Calais and Woodbury (133)

See: Forest Lake (Nelson Pond), Towns of Calais and Woodbury

Newark Pond, Town of Newark (153)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Nichols Pond, Town of

Woodbury (171)3

a. Vessels powered by motor shall not exceed 5 mph. (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Lake Ninevah, Town of Mount Holly (171)

a. Vessels powered by motor shall not be operated at speeds exceeding five miles per hour.

b. Except in an emergency situation or as authorized by the Vermont Transportation Board in accordance with 5 V.S.A. Chapter 9, aircraft are prohibited from landing or taking off from Lake Ninevah.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rules a and b, April 20, 1989 (No. UPW 88-01)

No. 10 Pond, Town of

Calais (85)

See: Mirror Lake (No. 10 Pond), Town of Calais

Norford Lake, Town of Thetford (21*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

North Pond, Town of

Brookfield (24*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

North Pond, Town of

Whitingham (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

North Hartland Reservoir, Towns of Hartland and

Hartford (108*)2

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

North Montpelier Pond, Towns of East Montpelier and Calais (42*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

North Springfield Reservoir, Towns of Weathersfield and

Springfield (290)

a. Vessels powered by motor shall not exceed a speed limit of five miles per hour on North Springfield Reservoir.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, May 25, 1972 (No. UPW 71-01); amended October 5, 1994 (No. UPW 93-01)

Norton Pond, Town of

Norton and Warren Gore (667)8

a. The use of personal watercraft (i.e., jet skis) is prohibited.

b. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9.

Rule a, November 30, 2002 (No. UPW 02-01)

Rule b, March 1, 2007 (No. UPW 06-01)

Notch Pond, Town of

Ferdinand (22*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Noyes Pond (Seyon Pond), Town of

Groton (39*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Nulhegan Pond, Town of

Brighton (37*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

No. 10 Pond, Town of

Calais (85)

See: Mirror Lake (No. 10 Pond), Town of Calais

Old Marsh Pond, Town of

Fair Haven (131)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Osmore Pond, Town of

Peacham (48*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Oxbow Pond, Town of

Swanton (27*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Paran, Towns of Bennington and Shaftsbury (40*)

a. The operation of vessels powered by motor is prohibited.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, July 14, 1980 (No. UPW 80-01); amended October 5, 1994) (No UPW 93-01)

Lake Parker (Parker Pond), Town of Glover (250)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Parson's Mill Pond, Town of

Benson (39*)

See: Mill Pond (Parson's Mill Pond), Town of Benson

Patch Pond, Town of

Rutland (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Pauline, Town of Ludlow (32*)

See: Reservoir Pond ( Lake Pauline), Town of Ludlow

Paul Stream Pond, Town of Brunswick (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Peacham Pond, Town of

Peacham (340)

No lake-specific rules; but see VUPW Rules, Section 3

Pensioner Pond, Town of

Charleston (173)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Perch Pond, Town of

Benson (24*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, October 25, 1974 (No. UPW 73-04)

Pigeon Pond, Town of

Groton (69)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Pine Pond, Town of

Castleton (40*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Pineo, Town of Hartford (50*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Pleasant Valley Reservoir, Town of

Brattleboro (25*)1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Raponda, Town of Wilmington (121)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Reading Pond, Towns of Reading and Plymouth (22*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Rescue Lake, Town of Ludlow (229)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Reservoir Pond (

Lake Pauline), Town of Ludlow (32*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Richmond Pond, Town of Richmond (24*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Richville Pond, Town of

Shoreham (129*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Ricker Pond, Town of

Groton (95)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Roach Pond, Town of

Hubbardton (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Rood Pond, Towns of Williamstown and

Brookfield (23*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Round Pond, Town of

Milton (22*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Round Pond, Town of

Newbury (30*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Runnemede (Evart's Pond), Town of Windsor (62*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Sabin Pond (

Woodbury Lake), Towns of Calais and Woodbury (142)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Sadawga Pond, Town of

Whitingham (194)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Lake Salem ( Salem Pond), Town of Derby (764)

No lake-specific rules; but see VUPW Rules, Section 3

Schofield Pond, Town of

Hyde Park (29*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Searsburg Reservoir, Town of

Searsburg (25*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Seymour Lake, Towns of Morgan and Charleston (1763)

No lake-specific rules; but see VUPW Rules, Section 3

Seyon Pond, Town of

Groton (39*)

See: Noyes Pond (Seyon Pond), Town of Groton

Shadow Lake, Town of Concord (128)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Shadow Lake, Town of Glover (210)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Lake Shaftsbury, Town of Shaftsbury (27*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, January 1, 1987 (No. UPW 86-04)

Shelburne Pond, Town of

Shelburne (452)

No lake-specific rules; but see VUPW Rules, Section 3

Sherman Reservoir, Towns of Readsboro and Whitingham (117)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Shippee Pond, Town of

Whitingham (24*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Shrewsbury Pond, Town of Shrewsbury (66*)

See: Spring Lake ( Shrewsbury Pond), Town of Shrewsbury

Silver Lake, Town of Barnard (84)

a. Between the hours of 10:00 a.m. and 6:00 p.m. local time a maximum of four persons at one time may operate motorboats for purposes of the waterskiing on Silver Lake, provided that the use of the lake for waterskiing shall not be conducted to the exclusion of other normal uses and provided further that each person operating a motorboat engaged in waterskiing shall proceed only in a counterclockwise direction.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rule a, May 19, 1972 (No. UPW 71-03)

Silver Lake, Towns of Georgia and Fairfax (27*)1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Silver Lake, Town of Leicester (101)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Sodom Pond, Towns of East Montpelier and Calais (21*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Somerset Reservoir, Towns of Somerset and Stratton (1568)

a. The use of personal watercraft (jet skis) is prohibited.

b. Waterskiing is prohibited.

c. The use of vessels powered by internal combustion motors at speeds in excess of 10 miles per hour is prohibited except as provided for in rule e below.

d. A no disturbing wake zone shall apply to the entire reservoir except as provided for in rule e below.

e. The prohibitions established by rules c and d above shall not apply to vessels operated on behalf of Trans Canada in conjunction with its operation of the reservoir.

Rules a, b, c and e, February 4, 1995 (No. UPW 94-05)

Rule c, amended January 3, 1996 (No. UPW 95-04)

Rule d, February 6, 2006 (No. UPW 05-04); amended January 11, 2009 (No. UPW 07-01)

Rule e, amended February 6, 2006 (No. UPW 05-04)

South Pond, Town of

Eden (103)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

South Pond, Town Marlboro (68)1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

South America Pond, Town of

Ferdinand (29*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

South Stream Pond, Town of

Pownal (54*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Spectacle Pond, Town of

Brighton (103)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Spring Lake ( Shrewsbury Pond), Town of Shrewsbury (66*)

a. The operation of vessels powered by an internal combustion motor is prohibited.

b. A person operating a vessel powered by motor shall not exceed a speed limit of five miles per hour

c. Except as may be authorized by the Vermont Aeronautics Board, no aircraft shall land on, or take off from, Spring Lake except under emergency conditions. (VUPW Rule 3. 4)

d. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rules a, b and c, June 6, 1974 (No. UPW 73-03)

Spruce Pond, Town of

Orwell (25*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

St. Albans Reservoir (North), Town of

Fairfax (35*) 1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

St.

Albans Reservoir (South), Town of Fairfax (27*) 1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake St. Catherine, Towns of Wells and Poultney (883)

a. Waterskiing is prohibited in the following waters:

(1) All portions of Lily Pond and the channel connecting Lily Pond and Lake St. Catherine.

(2) All portions of the channel connecting Little Lake (also known as Little Pond) and Lake St. Catherine.

b. The operation of vessels powered by motor at speeds exceeding five miles per hour or in such a manner as to cause a disturbing wake is prohibited in the following waters:

(1) All portions of Lily Pond and the channel connecting Lily Pond and Lake St. Catherine.

(2) All portions of the channel connecting Little Lake (also known as Little Pond) and Lake St. Catherine.

(3) Forest House Bay - defined for purposes of this rule as those waters south and southwest of a straight line between the southerly corner of Camp 102 and the northeasterly corner of Camp 110A.

(4) Hall's Bay - defined for purposes of this rule as those waters north and northeast of a straight line between the southerly corner of Camp 224 and the northerly corner of Camp 207.

(5) Horseshoe Bay - defined for purposes of this rule as those waters west of a straight line between the easterly corner of Camp 38 and northerly corner of Camp 46A.

(6) Oxbow Bay - defined for purposes of this rule as those waters west of a straight line between the northerly corner of Camp 21 and the northerly corner of Camp 36.

(7) With regard to Forset House Bay, Hall's Bay, Horseshoe Bay and Oxbow Bay, it is permissible for a boat to start and return to its own dock at speeds in excess of five miles per hour for purposes of water skiing. In starting, the boat must head directly out of the safety zone. In returning, the boat must go directly to its dock, at the lowest speed necessary to sustain the skier.

c. For purposes of this regulation only, the term "channel" as used in rules a and b above, shall mean those waters within and contiguous to Lake St. Catherine which are less than 400 feet in width and which serve to connect that Lake with Lily Pond or Little Lake (also known as Little Pond).

d. The provisions of Section 3.3(a)(1) of these rules notwithstanding, the use of personal watercraft at speeds not exceeding five (5) miles per hour is allowed on Little Lake and Lily Pond for purposes of obtaining access to, and returning from, Lake St. Catherine.

Rules a and b(1) and (2), and c, November 17, 1980 (No. UPW 79-02)

Rule b(3) -- (7), October 5, 1994, (No. UPW 93-01)

Rule d, October 14, 1997 (No. UPW 97-03)

Stannard Pond, Town of

Stannard (25*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Star Lake, Town of Mt. Holly (63)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Stevens Pond, Town of

Maidstone (26*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Stiles Pond, Town of

Waterford (135) 1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Stoughton Pond, Town of Weathersfield (56*)

a. Vessels powered by motor shall not exceed a speed limit of five miles per hour on Stoughton Pond

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, May 25, 1972 (No. UPW 71-01)

Stratton Pond, Town of

Stratton (46*)

a. The operation of vessels powered by motor is prohibited.

b. No docks or floats, whether permanent or temporary, are permitted on the pond.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

d. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rules a and b, October 7, 1974 (No. UPW 73-02)

Sucker Pond, Town of

Stamford (51*)

See: Lake Hancock (Sucker Pond), Town of Stamford

Sugar Hill Reservoir, Town of

Goshen (63*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Sugar Hollow Pond, Towns of Brandon and Pittsford (21)*

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Sunrise Lake, Towns of Benson & and Orwell (57*)

a. Vessels powered by motor shall not exceed a speed of five miles per hour.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, February 1, 1992 (No. UPW 89-05)

Sunset Lake, Towns of Benson and Orwell (202)

a. Waterskiing on Sunset Lake is restricted to the hours from 10:00 a.m. to 6:00 p.m.

b. No more than one water-skier shall be pulled by a vessel at any time.

c. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rules a and b, October 25, 1974 (No. UPW 73-04)

Sunset Lake, Town of Brookfield (25*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Sunset, Town of Hinesburg (58*)

See: Lower Pond ( Lake Sunset), Town of Hinesburg

Sunset Lake, Town of Marlboro (96) 1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Sweet Pond, Town of

Guilford (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

No. 10 Pond, Town of

Calais (85)

See: Mirror Lake (No. 10 Pond), Town of Calais

Thompsons Pond, Town of

Pownal (28*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Thurman W. Dix Reservoir, Town of

Orange (123) 1

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Ticklenaked Pond, Town of

Ryegate (54*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Tildy's Pond (Clark Pond), Town of

Glover (33*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Tinmouth Pond, Town of

Tinmouth (79)

See: Chipman Lake (Tinmouth Pond), Town of Tinmouth

Tiny Pond, Towns of

Ludlow and Mt. Holly (29*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Toad Pond, Town of

Charleston (22*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Townshend Reservoir, Town of

Townshend (108*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Turtle Pond, Town of

Holland (27*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Turtle Pond, Town of

Hardwick (21*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Upper Symes Pond, Town of

Ryegate (20*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Valley Lake (Dog Pond), Town of Woodbury (88*) 2

a. Waterskiing on Valley Lake shall be restricted to the hours from 10:00 a.m. to 6:30 p.m.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Rule a, October 4, 1973 (No. UPW 72-06,)

Wallace Pond, Town of

Canaan (107 in Vermont *)

No lake-specific rules; but see VUPW Rules, Section 3

Wallingford Pond, Town of Wallingford (87*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Wantasiquet Pond, Town of

Weston (44*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Lake Wapanaki, Town of Wolcott (22*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Warden Pond, Town of

Barnet (46*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Warren Lake, Town of Warren (48*)

See: Blueberry Lake ( Warren Lake), Town of Warren

Waterbury Reservoir, Towns of Waterbury and Stowe (839)

a. Except as provided for in parts c or d of this rule, vessels powered by motor shall not exceed five (5) miles per hour or create a disturbing wake in the following portions of Waterbury Reservoir:

(1) that portion of the eastern arm of the Waterbury Reservoir easterly of a line two hundred (200) feet west of the end of the peninsula separating the two bays, as shown on the map on page C-3, and

(2) that portion of the northern arm of the Waterbury Reservoir northerly of the point of land on the western shoreline located approximately 5500 feet southerly of the mouth of Cotton Brook, as shown on the map on page C-3 of this Appendix.

b. The two 5 m.p.h. no disturbing wake zones provided for in part a of this rule shall each be clearly marked by buoys.

c. The provisions of part a of this rule shall not apply to either:

(1) participants in events authorized under 23 V.S.A. Section 3316(a), for a maximum of five events per calendar year for a maximum of two days for each such event, or

(2) a single vessel using waterski slalom course number #1 (as identified in part d(1) below).

d. Unless otherwise regulated by law, only two water-ski slalom courses may be located in the Reservoir, by the person(s) or organization designated by the Board as provided for in part e of this rule as follows:

(1) one slalom course located at one of the following locations indicated as shown on the map on page C-3:

(a) southerly of the mouth of Cotton Brook within that portion of the northern arm of the reservoir, indicated as Course #1 described in part a (2) of this rule, or

(b) north of the Little River State Park in the northern arm of Waterbury Reservoir, indicated as Course #1 Alternate A, or

(c) south of the Little River State Park in the northern arm of Waterbury Reservoir, indicated as Course #1 Alternate B.

(d) west of Blush Hill boat access in the eastern arm of Waterbury Reservoir, indicated as Course #2.

(e) The waterski slalom courses allowed by part d of this rule shall be installed, maintained, and utilized in accordance with the following requirements:

(1) Each course shall be installed following recognized National Design Standards, shall consist of not more than 26 buoys and include underwater alignment and anchoring devices and shall be configured to occupy not more than 2.0 acres of the Reservoir's surface area, and

(2) be available for use by any member of the general public, and

(3) be installed and maintained by a person(s) or organization designated by the Board who shall file with the Commissioner of the Department of Forests, Parks and Recreation (Commissioner) by April 1 each year a certificate of insurance, including proof of liability insurance protecting the State of Vermont to a degree equal to or greater than that provided to the Commissioner by the American Waterski Association and Green Mountain Water skiers in May, 1996.

(4) except as may be provided for under part c (1) of this rule, waterski slalom course #1 shall be subject to the following requirements:

(a) only one vessel at a time shall be allowed to use the course, and

(b) the course shall be lowered to the bottom of the Reservoir each time that the course is not in active use. While on the water surface, the course shall not be left unattended.

(5) The granting of approval under this rule by the Board does not relieve the designee from responsibility to comply with any other applicable requirements of federal, state or local law.

(6) The Board may revoke any designation under this rule for failure to comply with the above requirements.

Rules a, b and c, June 2, 1989 (No. UPW 88-04); amended February 28, 1997 (No. UPW 96-05 and 96-06)

Rules d and e, February 28, 1997 (No. UPW 96-05 and 96-06)

Rules d and e(6), amended February 15, 2004 (No. UPW 03-02)

Weathershead Hollow Pond, Town of

Guilford (33*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

West Hill Pond, Town of

Cabot (46*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

West Mountain Pond, Town of Maidstone (60)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

West River/ Retreat Meadows Basin

a. Waterskiing is prohibited.

Rule a, January 11, 2009 (No. UPW 08-01)

Wheeler Pond, Town of Brunswick (66)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Lake Willoughby, Town of Westmore (1687)

a. The use of personal watercraft (jet skis) is prohibited.

Rule a, February 14, 2005 (No. UPW 04-01)

Winona Lake ( Bristol Lake), Town of Bristol (248)

a. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

Wolcott Pond, Town of

Wolcott (74)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Woodbury Lake, Towns of Calais and Woodbury (142)

See: Sabin Pond ( Woodbury Lake), Towns of Calais and Woodbury

Woodford Lake, Town of Woodford (31*)

See: Big Pond ( Woodford Lake), Town of Woodford

Woodward Reservoir, Town of

Plymouth (106)

a. Vessels powered by motor shall not be operated anywhere on Woodward Reservoir at a speed in excess of five miles per hour.

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

Rule a, September 28, 1972 (No. UPW 71-02); amended, February 14, 1995 (No. UPW 94-01)

Worcester Pond, Town of Worcester (35*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3. 3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3. 4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3. 5)

Wrightsville Reservoir, Towns of East Montpelier and Middlesex and City of

Montpelier (150)

a. The operation of vessels powered by a motor at speeds exceeding two miles per hour or in such a manner as to cause a disturbing wake is prohibited northerly of the narrows which is immediately to the north of the "Roadside Park Boat Launch Ramp."

b. The provisions of § 3.3(a)(1) not withstanding, the use of personal watercraft is allowed southerly of the narrows referred to in Rule (a) above.

Rule a, January 1, 1985 (No. UPW 84-01)

Rule b, January 3, 1996 (No. UPW 95-03)

Zack Woods Pond, Towns of

Hyde Park and Wolcott (23*)

a. Vessels powered by motor shall not exceed 5 mph (VUPW Rule 3. 2(a))

b. Use of personal watercraft is prohibited (VUPW Rule 3.3)

c. Use of aircraft is prohibited May 1 - November 30, except where authorized under 5 V.S.A. Ch. 9 (VUPW Rule 3.4)

d. Use of internal combustion motors is prohibited (VUPW Rule 3.5)

---

ENDNOTES

• This waterbody has been determined to have less than 30 contiguous acres outside the shoreline safety zone (i.e. more than 200 feet from any shore) and is therefore subject to the 5 mph speed limit imposed by VUPW Rule 3.2(a).

1. Restrictions adopted by authorities other than the Natural Resources Board may also apply -- for example, restrictions on recreational uses established by the state or a local board of health to protect public water supplies.

2. Despite having less than 30 contiguous acres outside the shoreline safety zone, the Water Resources Board, in its 1995 Rules, determined that high speed boating is a normal use on this waterbody. See, No. UPW 95-00 (Appendix A), January 1, 1995.

3. The Water Resources Board, in its 1995 Rules, specifically determined that high speed boating is not a normal use on this body of water and established a maximum speed limit of 5 mph for vessels being propelled by motor. See, No. UPW 95-00 (Appendix A), January 1, 1995; and see, VUPW Rule 3.2(a).

4. Despite the fact that this waterbody does not appear to have any of the restrictions noted in VUPW Rule 3. 2(a), the Water Resources Board, in its 1995 Rules, established a maximum speed limit of 5 mph for this waterbody. See, No. UPW 95-00 (Appendix A), January 1, 1995.

5. Despite the fact that this waterbody appears to meet the speed limit provisions of VUPW Rule 3.2(a) because internal combustion motors are prohibited, the Water Resources Board, in its 1995 Rules, specifically did not establish a maximum speed limit for this waterbody. See, No. UPW 95-00 (Appendix A), January 1, 1995.

6. While UPW Rule 3.4 would prohibit the use of this waterbody by aircraft, the Water Resources Board, in its 1995 Rules, specifically allowed aircraft use of this waterbody. See, No. UPW 95-00 (Appendix A), January 1, 1995.

While UPW Rule 3.4 would allow the use of this waterbody by aircraft, the Water Resources Board, in its 1995 Rules, specifically prohibited aircraft use of this waterbody. See, No. UPW 95-00 (Appendix A), January 1, 1995.

8. While UPW Rule 3.4 would allow the use of this waterbody by aircraft, the Water Resources Panel specifically prohibits aircraft use of this waterbody. See, No. UPW 96-01.

Appendix B Reserved

Appendix C Maps Referenced in Appendix A

Curtis Pond

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Arrowhead Mountain Lake

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Waterbury Reservoir

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Lake Lamoille

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Appendix D Rules Regulating the Mooring of Vessels within Lake Memphremagog and Other Public Waters within the City of Newport, Vermont

10 V.S.A. § 1424(f)

Initial Rules Adopted November 2, 2000.

Amended Rules Adopted February 6, 2006

Rule 1. All public waters in Lake Memphremagog, the Clyde River, and the Black River within the city limits of the City of Newport, Vermont ("City"), are hereby designated a Mooring Management Area. The Mooring Management Area is depicted on a map, entitled "Newport City Mooring Management - Attachment A, Ordinance #114 Pertaining To Mooring Management of Public Waters (September 11, 2000 Revision 4)," hereby incorporated and referred to as the City's "Attachment A."

Rule 2. Within the Mooring Management Area, ten (10) Mooring Management Zones ("MMZ") are hereby created and designated, as depicted in Attachment A by the letters A, B, C, D, E, F, G, H, J, and K described by coordinates in a document, entitled "Newport City Mooring Management - Attachment B, Ordinance #114 Pertaining To Mooring Management of Public Waters (September 11, 2000), hereby incorporated and referred to as "Attachment B."

Rule 3. Pursuant to 10 V.S.A. § 1424(f), the Board delegates authority to the City to regulate mooring and anchoring in the Mooring Management Area to protect the public health, safety, and general welfare by prohibiting impediments to navigation and conflicts with normal uses of public waters. The City shall not restrict swimming, fishing, boating, and any other public uses conducted in accordance with state law, except mooring, in the Mooring Management Area. This delegation shall be implemented through the MMZ created by Rule 2. Moorings are prohibited in all navigable public waters within the City not specifically identified as MMZ in Rule 2.

This delegation shall be effective only when both of the following requirements are met:

a. The City has duly adopted an Ordinance for implementing this delegation pursuant to Section 23 of the City Charter; and

b. The Board has determined in writing that the implementing Ordinance, is consistent with the provisions of 10 V.S.A. § 1424, any general management policies pertaining to the use of public waters adopted by the Board, and these Rules.

Rule 4. When the delegation to the City is in effect, moorings are prohibited in the Mooring Management Area except as may be allowed in the MMZ under the implementing ordinance.

Rule 5. The City's implementing ordinance shall contain the following provisions:

a. No existing moorings shall be "grandfathered" in the Mooring Management Area. However, in the first year that the Ordinance is in effect, first priority in the issuance of Certificates of Registration shall be given to persons with existing moorings as of September 18, 2000, to assure an orderly transition to management of moorings within the MMZ.

b. Within any MMZ, the City may prohibit new moorings or require relocation of existing moorings taking into consideration the actual or potential adverse impacts on fairways, recreational and other uses of the waters, including, but not limited to, private or public water supplies, Class I and II wetlands, endangered plant and animal species as provided for in 10 V.S.A. Chapter 123, fish or wildlife habitat, underwater historic property, public lands and natural scenic areas.

c. Certificates of Registration authorizing moorings shall be for a specified period of time determined by the City with due regard for the economic considerations attending the regulated activity. All such Certificates of Registration shall expire within a period not to exceed one year if not used. All Certificates of Registration shall be issued for a period not to exceed the term of this delegation.

Rule 6. The City's implementing Ordinance shall identify classes of applicants, describe the process for obtaining Certificates of Registration, establish criteria for granting Certificates of Registration, set forth the grounds for forfeiture and revocation of Certificates of Registration and address enforcement of the implementing Ordinance.

Rule 7. The City's implementing Ordinance shall ensure that the general public is able to compete for available mooring capacity in all MMZ on an equitable basis with City residents. After the first year the Ordinance is in effect, Certificates of Registration shall be allocated on a first-come, first-serve basis for all moorings. If maximum mooring capacity within regulated MMZ is reached, the City shall institute a lottery or such other measures as are necessary to assure that all applicants will eventually be allocated mooring locations.

Rule 8. The City shall require all applicants to demonstrate that:

a. Moorings are located within a reasonable distance of a point of access;

b. The point of access has adequate on-shore support facilities for the number of moorings served; and

c. The point of access support facilities are consistent with applicable zoning requirements and state law.

Rule 9. The City may establish and collect reasonable fees for Certificates of Registration. However, said fees shall be established only to meet the administrative costs of the City directly related to the regulation of moorings within the MMZ. Any schedule of fees shall be adopted on an annual basis by the City Council, posted at the City Clerk's office, and be provided to the public upon request made to the City Clerk or Harbormaster.

Rule 10. The City may enforce the implementing Ordinance through its general police power, consistent with the penalty and enforcement provisions of the City Charter.

Rule 11. The City may appoint a Harbormaster to administer and enforce the implementing Ordinance and a Harbor Commission to, among other things, hear appeals, hear and decide revocation proceedings, consider waiver requests, recommend Ordinance amendments and proposed Rules and Regulations to the City Council, and conduct studies and make recommendations to the City Council on water use and the conditions of navigable waters within the City limits.

Rule 12. The City's implementing Ordinance shall provide for a process by which a person in interest aggrieved by a decision or act of the Harbormaster may appeal to the Harbor Commission. The Ordinance also shall specify that appeals from any final action of the City, other than an enforcement action, shall be filed with the Environmental Court within 30 days.

Rule 13. The City may, from time-to-time, amend the implementing Ordinance consistent with its delegated authority and pursuant to Section 23 of the City Charter, provided that a copy of any proposed amendment(s) is filed with the Board at least 45 days prior to its/their adoption by the City Council. The Board shall review, submit written comment, and, if necessary, recommend corrective action to assure that proposed changes are within the authority delegated under 10 V.S.A. § 1424(f) and consistent with these Rules. Failure to timely notify the Board of proposed Ordinance amendments or to take corrective action may constitute grounds for the termination of the delegation authorized by these Rules.

Rule 14. The City may adopt Regulations to facilitate the administration of the implementing Ordinance, provided that these Regulations are consistent with powers expressly delegated to the City by these Rules and the provisions of the Ordinance. Such Regulations may be adopted, amended, or repealed in the same manner as prescribed for any ordinance under the Section 23 of the City Charter. A copy of any proposed Regulations shall be filed with the Board and the Board reserves the right to file written comment and take corrective action as provided for in Rule 13.

Rule 15. Any powers not expressly delegated to the City by these Rules and incorporated in the implementing Ordinance as approved by the Board under Rule 3 and, if amended, under Rule 13, shall be retained by the Board. If another state or federal agency has jurisdiction over the navigable waters within the City limits otherwise subject to regulation under 10 V.S.A. § 1424, the other agency's rules shall apply if inconsistent with, or more restrictive than, the implementing Ordinance.

Rule 16. This delegation shall expire on January 1, 2011. The Board may terminate this delegation, for cause or without cause, upon six months notice to the City as provided for in 10 V.S.A. § 1424(f)(2).

Rule 17. The Board may propose rules extending and/or expanding the scope of this delegation of authority to the City when the City petitions the Board under 10 V.S.A. § 1424(f) for such an extended and/or expanded delegation.

Rule 18. For purposes of these Rules, the terms below shall have the following meanings:

a. Anchoring shall mean to secure a vessel by use of an anchor or by attachment to another vessel or object for a period not exceeding seventy-two (72) hours. Vessels anchored within a MMZ for a period exceeding seventy-two (72) hours shall be considered to be moored.

b. Certificate of Registration shall mean a written mooring registration, granted by the City, and its associated numbered identifying tag that shall be attached above the water in a visible location on each mooring buoy.

c. Existing Mooring shall mean any mooring determined by the City to have been established before and including September 18, 2000.

d. New Mooring shall mean any mooring determined by the City to have been established after September 18, 2000.

e. Mooring shall mean any equipment, structure or system(s) for securing a vessel in the water beyond the mean water level. Each vessel shall be considered to be attached to a separate mooring for the purpose of counting moorings. Mooring shall not mean docks that are either exempt or permitted pursuant to 29 V.S.A. Chapter 11. Mooring shall not mean anchoring.

f. Mooring Management Zones (MMZ) shall mean clearly delineated areas of navigable waters within the City limits, in which the Board and City have determined that the placement of moorings requires regulation in the public interest.

g. On-shore Support Facilities include, but are not limited to, roads or other means of access, parking areas, sanitary waste disposal facilities and trash disposal.

h. Rule or Rules mean "Rules Regulating the Mooring of Vessels within Lake Memphremagog and Other Navigable Waters of the City of Newport, Vermont," adopted by the Board.

i. Vessel shall mean every description of watercraft used or capable of being used as a means of transportation on water including but not limited to amphibian or pontoon aircraft.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 1424, 6025
• EFFECTIVE DATE: May 19, 1972
• AMENDED: May 25, 1972; September 28, 1972; October 2, 1973; May 31, 1974; August 15, 1974; October 7, 1974; October 18, 1974; September 16, 1975; April 1, 1978; December 17, 1978; July 14, 1980; November 17, 1980; November 29, 1982; August 7, 1984; January 1, 1985; January 1, 1986; January 1, 1987; January 1, 1988; April 13, 1988; March 9, 1989; April 20, 1989; June 2, 1989; February 1, 1992 Secretary of State Rule Log #92-2; March 8, 1993; October 5, 1994 Secretary of State Rule Log #94-45; January 1, 1995; February 4, 1995; February 14, 1995 Secretary of State Rule Log #95-17; January 2, 1996 Secretary of State Rule Log #95-94; February 28, 1997 Secretary of State Rule Log #97-5; January 1, 1998 Secretary of State Rule Log #97-59; June 1, 1998 Secretary of State Rule Log #98-30; February 22, 1999 Secretary of State Rule Log #99-8; November 17, 2000 Secretary of State Rule Log #00-64; December 10, 2001 Secretary of State Rule Log #01-67; November 30, 2002 Secretary of State Rule Log #02-42; February 15, 2004 Secretary of State Rule Log #04-02; February 14, 2005 Secretary of State Rule Log #05-02; February 6, 2006 Secretary of State Rule Log #06-001; March 1, 2007 Secretary of State Rule Log #07-003; January 11, 2009 Secretary of Sate Rule Log #08-055

Chapter 060 ACT 250 RULES

12-060 Code Vt. R. 12-004-060-X ACT 250 RULES

Rule No.1 Scope and Applicability; Citation

These rules are adopted pursuant to 10 V.S.A. § 6025(b). They shall apply to all Act 250 proceedings and shall be cited as "Act 250 Rule ___"

Rule No.2 Development; Subdivision; Definitions

(A) . Development.

The term "development," relating to Act 250 jurisdiction, is defined at 10 V.S.A. §§ 6001(3)(A), 6001a, 6001b, and 6001c. Jurisdiction also attaches to any substantial change to a pre-existing development pursuant to 10 V.S.A § 6081(b).

(B) . Counting of Lots and Cessation of a Subdivision.

The term "subdivision," relating to Act 250 jurisdiction, is defined at 10 V.S.A. § 6001(19). Jurisdiction also attaches to any substantial change to a pre-existing subdivision pursuant to 10 V.S.A. § 6081(b).

(1) Counting of lots for the purpose of resale. In order to determine the number of lots created by a person, a lot shall be deemed to have been created for the purpose of resale with the first of the following events:

(a) the filing of a plot plan in the town land records depicting the subdivided lot or lots;

(b) the issuance of any required municipal approval for the subdivided lot or lots that becomes final;

(c) the issuance of a waste water system and potable water supply permit for the subdivided lot or lots by the Agency of Natural Resources or delegated municipality;

(d) in the absence of any of the above, the conveyance of a lot or lots created by a person.

(2) Cessation of a subdivision. A subdivision shall cease to exist if it is found, in a final jurisdictional opinion issued pursuant to Rule 3, to have been retracted or revised below jurisdictional levels at any time prior to the construction of improvements on the subdivision. A demonstration of such action shall include:

(a) the official retraction or abandonment of all state and local permits which originally approved the subdivision; and

(b) the filing of a revised plot plan in town land records depicting the final retraction or revision of a subdivision below jurisdictional levels.

(C) . Definitions.

(1) "Person" means:

(a) For the purposes of a "development," person means an individual, partnership, corporation, association, unincorporated organization, trust or other legal or commercial entity, including a joint venture or affiliated ownership; a municipality or state agency; and, individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from the "development" of land.

(b) For the purposes of a "subdivision," person is defined at 10 V.S.A. § 6001(14)(A).

(2) "Commencement of construction" means the construction of the first improvement on the land or to any structure or facility located on the land including work preparatory to construction such as clearing, the staking out or use of a right-of-way or in any way incidental to altering the land according to a plan or intention to improve or to divide land by sale, lease, partition, or otherwise transfer an interest in the land.

(3) "Construction of improvements" means any physical change to a project site except for:

(a) any activity which is principally for preparation of plans and specifications that may be required and necessary for making application for a permit, such as test wells and pits (not including exploratory oil and gas wells), percolation tests, and line-of-sight clearing for the placement of survey markers, provided that no permanent improvements to the land will be constructed and no significant impact under any of the criteria of 10 V.S.A. § 6086(a)(1) through (10) will result; a District Commission may approve more extensive exploratory work prior to issuance of a permit after complying with the notice and hearing requirements of Rule 51 of these Rules for minor applications

(b) construction for a home occupation as defined in these Rules; or

(c) construction which the person seeking the exemption demonstrates (i) is de minimis and (ii) will have no potential for significant adverse impact under any of the criteria of 10 V.S.A. § 6086(a)(1) through (10) directly attributable to such construction or to any activity associated with such construction.

(4) "Commercial purpose" means the provision of facilities, goods or services by a person other than for a municipal or state purpose to others in exchange for payment of a purchase price, fee, contribution, donation or other object or service having value.

(5) "Involved land" includes:

(a) The entire tract or tracts of land, within a radius of five miles, upon which the construction of improvements for commercial or industrial purposes will occur, and any other tract, within a radius of five miles, to be used as part of the project or where there is a relationship to the tract or tracts upon which the construction of improvements will occur such that there is a demonstrable likelihood that the impact on the values sought to be protected by Act 250 will be substantially affected by reason of that relationship. In the event that a commercial or industrial project is to be completed in stages according to a plan, or is part of a larger undertaking, all land involved in the entire project shall be included for the purpose of determining jurisdiction.

(b) Those portions of any tract or tracts of land to be physically altered and upon which construction of improvements will occur for state, county, or municipal purposes including land which is incidental to the use such as lawns, parking lots, driveways, leach fields, and accessory buildings, bearing some relationship to the land which is actually used in the construction of improvements, such that there is a demonstrable likelihood that the impact on the values sought to be protected by Act 250 will be substantially affected by reason of that relationship. In the case where a state, county or municipal project is to be completed in stages according to a plan, or it is evident under the circumstances that the project is incidental to or a part of a larger undertaking, all land involved in the entire project shall be included for the purposes of determining jurisdiction.

(c) With respect to "stormwater" offset projects required in "impaired watersheds" pursuant to 10 V.S.A. § 1264a, involved land shall include only that portion of the tract of land owned or controlled by the applicant which is actually to be used for the offset project.

(6) "Material change" means any cognizable change to a development or subdivision subject to a permit under Act 250 or findings and conclusions under 10 V.S.A. § 6086b, which has a significant impact on any finding, conclusion, term or condition of the project's permit or which may result in a significant adverse impact with respect to any of the criteria specified in 10 V.S.A. § 6086(a)(1) through (a)(10).

(7) "Substantial change" means any cognizable change to a pre-existing development or subdivision which may result in significant adverse impact with respect to any of the criteria specified in 10 V.S.A. § 6086(a)(1) through (a)(10).

(8) "Pre-existing development" mean any development in existence on June 1, 1970 and any development which was commenced before June 1, 1970 and completed by March 1, 1971. "Pre-existing development" also means any telecommunications facility in existence on July 1, 1997, unless that facility is already subject to jurisdiction pursuant to 10 V.S.A. § 6001(3)(A).

(9) "Pre-existing subdivision" means any subdivision exempt under the regulations of the department of health in effect on January 1, 1970 or any subdivision which had a permit issued prior to June 1, 1970 under the board of health regulations, or had pending a bona fide application for a permit under the regulations of the board of health on June 1, 1970, with respect to plans on file as of June 1, 1970 provided such permit was granted prior to August 1, 1970.

(10) "Dwelling" means a place which is intended for human habitation including:

(a) any building, structure, or part thereof, which is used as a conventional residence, including but not limited to, single family homes, duplex or multiplex homes, and apartment buildings;

(b) any commercial residential building, including but not limited to, a hotel, motel, rooming house, nursing home group home, residential care facility, or dormitory which is usually occupied in exchange for the periodic payment of a fee, contribution, donation or other object or service having value.

(11) "Solid waste management district" means a solid waste management district formed pursuant to § 2202a and Chapter 121 of Title 24, or by charter adopted by the general assembly.

(12) "Tract of land" means one or more physically contiguous parcels of land owned or controlled by the same person or persons.

(13) "Lot" means: any undivided interest in land, whether freehold or leasehold, including but not limited to an interests created by a trust, partnership, corporation, cotenancy or contract.

(14) "Municipality" means:

(a) For the purposes of 10 V.S.A. §§ 6084 and 6085, "municipality" means any city, town or incorporated village wherein the land is located.

(b) For the purposes of 10 V.S.A. § 6001(3), "municipal purpose" means any project proposed by an entity enumerated in 1 V.S.A. § 126.

(15) "State, county or municipal purposes" means the construction of improvements which are undertaken by or for the state, county or municipality and which are to be used by the state, county, municipality, or members of the general public.

(16) "Emergency replacement of a communication support structure" means the emergency replacement of a communication support structure to protect the health and safety of the public. Persons may take whatever action, without notice, hearing or a permit, necessary and appropriate to meet such an emergency and a permit will not be required prior to the emergency replacement. Upon cessation of such emergency, the work performed to meet the emergency shall be evaluated in accordance with the provisions of this rule and, if such work requires a land use permit, the person shall apply for such permit as soon as reasonably possible.

(17) "Home occupation" solely for purposes of Rule 2, means the use, by a resident, of a minor portion of the residence, including ancillary buildings, for an occupation or business:

(a) that is customary in residential areas; and

(b) that does not have a potential for significant impact under the criteria of 10 V.S.A. §§ 6086(a)(1) through (10).

(18) "The farm" means, for purposes of 10 V.S.A. § 6001(22)(E), lands which are used for any purpose stated in 10 V.S.A. § 6001(22), which are owned or leased by a person engaged in the activities stated in 10 V.S.A. § 6001(22), if the lessee controls the leased lands to the extent that they would be considered to be the lessee's own farm. Indicia of such control include whether the lessee makes the day-to-day decisions concerning the cultivation of the leased lands, subject to incidental conditions of the lessor, and whether the lessee works the leased lands during the lease period.

(19) "Principally produced" means:

(a) for purposes of 10 V.S.A. § 6001(3)(D) (vii)(II), that more than 50% (either by volume or weight) of the ingredients or materials contributing to the compost, which is stored, prepared or sold at the farm, is grown or produced on the farm;

(b) for purposes of 10 V.S.A. § 6001(22)(E), that more than 50% (either by volume or weight) of the ingredients or materials contributing to a final agricultural product or products which results from the activities stated in 10 V.S.A. § 6001(22)(A) - (D), and which is stored, prepared or sold at the farm, is grown or produced on the farm; or

(c) for purposes of 10 V.S.A. § 6001(22)(F), that more than 50% (either by volume or weight) of the ingredients of any agricultural products or wastes that result from the activities stated in 10 V.S.A. § 6001(22)(A) - (D), used in preparation or production of fuel or power, is grown or produced on the farm.

(20) "Shoreline" For purposes of 10 V.S.A. § 6086(a)(1)(F), a project involves the" development or subdivision of shorelines," if

(a) the project involves construction on or the use of "the land between the mean high water mark and the mean low water mark of such surface waters." 10 V.S.A. § 6001(17), or

(b) the project, or an element of the project which is adjacent to the shoreline, has the potential for significant impact on any of the subcriteria specified in 10 V.S.A. § 6086(a)(1)(F) (i)-(iv).

(21) "Of necessity" means, for purposes of 10 V.S.A. § 6086(a)(1)(F), that the project or a portion of the project must serve a water-related purpose and that the project's location on the shoreline serves as such an integral part of the developmental scheme that the inability to locate the project, or a portion of the project, on the shoreline would make the project impossible

(22) [Repealed]

(23) "Unit" means an individual and discrete residence within a dwelling, condominium or cooperative project, including but not limited to an apartment within an apartment building, each separate residence of a duplex or multiplex home, or a room or suite of rooms within a hotel, motel, rooming house, nursing home, group home, residential care facility or dormitory. With respect to single family homes within housing projects, each home shall be counted as a unit.

In order to determine the number of units attributable to a person under 10 V.S.A. § 6001(3) (A)(iv), the date that a unit is deemed to be "constructed" shall be the date of the first occurrence of any of the following events:

(i) the issuance of a state water supply/wastewater permit;

(ii) the issuance of a municipal zoning or building permit; or

(iii) the commencement of construction of improvements on the project.

(24) "Principally used" means, for purposes of 10 V.S.A. § 6001(3)(D)(vi) (III), that more than 50% (either by volume or weight) of the compost produced on the farm is physically and permanently incorporated into the native soils on the farm as a soil enhancement and is and not removed or sold at any time thereafter.

(25) "Construction costs" means all costs associated with the construction of the development or subdivision, including the costs of:

(a) materials and labor;

(b) site work;

(c) stormwater, water and wastewater systems;

(d) landscaping;

(e) utilities; and

(f) equipment that

(i) is a fixture, or integral to the building or structure or project with which it is associated,

(ii) is so fitted and attached as to be a part of a building or structure and kept and used as such, or

(iii) is so affixed to real property as to have become a part thereof and therefore not severable or removable without material injury to the real property.

Construction costs do not include the cost to acquire the real estate for the development or subdivision or the costs of professional services, such as architectural and engineering services. In order to provide incentives for the use of alternative, energy-saving technologies, for a period of five years from October 1, 2013, construction costs shall not include the cost of solar or thermal panels, geothermal systems, heat pumps, wind turbines, or electric vehicle charging stations.

(26) "Cognizable change" means any physical change or change in use, including, where applicable, any change that may result in a significant impact on any finding, conclusion, term or condition of the project's permit.

(D) Jurisdiction by Municipal Election

A municipality that has adopted permanent zoning and subdivision bylaws and that elects by ordinance to have 1-acre development jurisdiction apply pursuant to 10 V.S.A. § 6001(3)(A) (iii):

(1) Shall file a copy of the ordinance, and a certificate of adoption pursuant to 24 V.S.A. § 1975, with the district coordinator.

(2) Shall remain a 10-lot municipality for purposes of subdivision jurisdiction.

Rule No.3 Jurisdictional Opinions

(A) Request; Coordinator's Record. Any person seeking a ruling as to whether an activity constitutes a development, subdivision, material change to a permitted project, substantial change to a preexisting project, or is a downtown development pursuant to 10 V.S.A. § 6086b, subject to the jurisdiction of 10 V.S.A. Ch. 151 (Act 250), may request a jurisdictional opinion from a district coordinator or an assistant district coordinator (Coordinator) in the environmental district where the potential project is located pursuant to the provisions of 10 V. S.A. § 6007(c). In addition, a Coordinator's determination pursuant to Rule 10 that an application is incomplete shall constitute a jurisdictional opinion. A record consisting of the following shall be maintained and published online (Coordinator's Record):

i. The request for the Jurisdictional Opinion.

ii. Any documents or materials submitted to the Coordinator for consideration in responding to the request for a Jurisdictional Opinion.

iii. Documentation of any other information, not subject to the attorney-client privilege, considered or issued by the Coordinator in responding to the request for a Jurisdictional Opinion.

iv. The Jurisdictional Opinion, including any exhibits and the certificate of service, including proof of any publication.

(B) Reconsideration by the Coordinator.

i. Any person may request that the Coordinator reconsider a jurisdictional opinion within 30 days of the mailing of the jurisdictional opinion.

ii. Any reply to a request for reconsideration shall be filed within 15 days of service of the request, unless otherwise provided by the Coordinator.

iii. The Coordinator's Record, as provided in subsection (A) of this rule, shall be supplemented with:

a. The request(s) for reconsideration.

b. Any reply or replies to that request.

c. Any additional documents or materials submitted to the Coordinator for consideration in responding to the request for reconsideration.

d. Documentation of any other information, not confidential or privileged under law, considered or issued by the Coordinator in responding to the request for reconsideration.

e. The Jurisdictional Opinion, including any exhibits and certificate of service, including proof of any publication.

Rule No.4 Subpoenas

The chair of a District Commission, or a licensed attorney representing a party before a District Commission, may compel, by subpoena, the attendance and testimony of witnesses and the production of books and records. A party not represented by a licensed attorney may submit a written request for a subpoena stating the reasons therefore and representing that reasonable efforts have been made to obtain voluntary compliance with its requests. In response to a request from a party not represented by an attorney the District Commission may issue subpoenas for the attendance of witnesses or the production of documents. Costs of service, fees, and compensation shall be paid in advance by the party requesting the subpoena. The District Commission may issue subpoenas for the attendance of witnesses or the production of documents on its own motion. A petition to modify, vacate, or quash a subpoena may be heard by the District Commission. Applicable provisions of the Vermont Rules of Civil Procedure and the Administrative Procedures Act shall apply and are incorporated herein.

Rule No.6 Computation of Time

(A) In computing any period of time prescribed or allowed by these Rules, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless this day is a Saturday, Sunday, state or federal legal holiday, or a day on which the office is officially closed due to weather or other circumstances, in which event the period runs until the end of normal office hours the next day which is not a Saturday, Sunday, state or federal legal holiday, or other day on which the office is officially closed. When the period of time prescribed or allowed, not including any calendar days added in accordance with subdivision (B) of this rule, is less than 11 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. The day that a decision or order is issued shall be that date on which it has been certified that the decision or order has been placed in the U.S. Mail for delivery to interested persons or petitioners. The term day refers to calendar day.

(B) Whenever a person has the right or is required to file a document within a prescribed period after the service of a paper on the person by another party in the proceeding, and the paper is served on the person by mail, the date of service shall be three days after the date on which the paper was postmarked, unless the Commission or the Board sets a specific date by which the person must file.

(C) The District Commission, the Chair, Vice Chair or Acting Chair, for good cause upon written motion, may enlarge the time prescribed by these Rules or by its order for doing any act, or may permit an act to be done after the expiration of such time provided that such enlargement will not result in undue delay or disruption of the District Commission's docket.

Rule No.10 Permit Applications

(A) An application shall be signed by the applicant and any co-applicant, or an officer or duly-appointed agent thereof. The record owner(s) of the tract(s) of involved land shall be the applicant(s) or co-applicant(s) unless good cause is shown to support waiver of this requirement. Good cause may include a demonstration that the applicant effectively controls a tract or a portion of a tract, to be used in the development or subdivision or upon which the construction of improvements will occur, through permanent easement, right-of-way, or access agreement which will allow the imposition of appropriate permit conditions by the District Commission to mitigate adverse impacts under the criteria of the Act. When the applicant is a state agency, municipality or a solid waste management district empowered to condemn the involved land or an interest in it, then the application need only be signed by that party. The application shall list the name or names of all persons who have a substantial property interest, such as through title, lease, purchase or lease option, right-of-way or easement, in the tract or tracts of involved land by reason of ownership or control and shall describe the extent of their interests. The District Commission may, upon its own motion or upon the motion of a party, find that the property interest of any such person is of such significance, therefore demonstrating a lack of effective control by the applicant, that the application cannot be accepted or the review cannot be completed without their participation as co-applicants.

(B) The Board shall from time to time issue guidelines for the information and documentation that is necessary or desirable for thorough review and evaluation of projects under applicable criteria. Applications shall be on forms provided by the board. The commission may require such additional information or supplementary information as the commission deems necessary to fairly and properly review the application. If the applicant submits or intends to submit permits or certifications as evidence under Rule 19, the applicant shall, upon request of the commission or upon challenge of a party under Rule 19, submit copies of all materials relevant to such permit or certification.

(C) In order to avoid unnecessary or unreasonable costs for applicants and other parties, the District Commission may authorize the sequential filing of information for review under the 10 criteria.

(D) Completeness. An application that is incomplete in substantial respects shall not be accepted for filing by the district coordinator, and therefore shall not initiate the time and notice requirements of the Act and these rules. A coordinator's decision that an application is substantially incomplete shall be treated as a jurisdictional opinion pursuant to 10 V.S.A. § 6007(c). A coordinator's decision that an application is complete will initiate the time and notice requirements for processing of the application.

(E) The applicant shall file:

i. an original and three copies of the application.

ii. an electronic copy of the application, using media and file formats specified on the application forms, unless the district coordinator waives this requirement because it creates an undue burden for the applicant. All subsequent filings by the applicant and any other party to a permit application shall also be submitted in electronic format unless the district coordinator waives this requirement because it creates an undue burden for the applicant or a party. The district coordinator may provide for alternate electronic filing methods. The coordinator or Commission may require that hard copies of specified application materials or exhibits be filed.

iii. the fee prescribed by 10 V.S.A. § 6083a and these rules.

iv. an affidavit certifying that the applicant has filed notice and copies of the application with the municipality, the municipal and regional planning commissions wherein the land is located and any adjacent Vermont municipality, municipal or regional planning commission if the land is located on a municipal or regional boundary; the Vermont Agency of Natural Resources; and the owner of the land if the applicant is not the owner; and that the applicant has either posted or caused to be posted a copy of the notice of application in the town clerk's office of the town or towns wherein the land lies. See 10 V.S.A. § 6084(a).

v. a list of adjoining property owners to the tract or tracts of land proposed to be developed or subdivided unless this requirement is waived by the district coordinator, in consultation with the chair of the District Commission.

(F) Provision of personal notice of the hearing or public comment period to adjoining property owners and persons not listed in section (E) of this Rule by the District Commission shall be solely within the discretion and responsibility of the chair of the District Commission. The chair of the District Commission may authorize a waiver of personal notice of the hearing or public comment period to adjoining property owners by the District Commission. Any waiver must be based on a determination that the adjoining property owners subject to the waiver reasonably could not be affected by the proposed development or subdivision and that service to each and every property owner by the District Commission would constitute a significant administrative burden without corresponding public benefit. However, personal notice of the hearing or public comment period shall be provided by the District Commission to any adjoining property owner who has requested such notice. See 10 V.S.A. § 6084(b).

(G) The applicant shall be responsible for the cost of publication of notice of the application in a local newspaper generally circulated in the area where the land is located. The District Commission shall be responsible for the publication of this notice, and publication shall occur not more than seven days after the District Commission has received the completed application. The notice shall contain the name of the applicant and his or her address; the location of the proposed development or subdivision, and if a subdivision, the number of lots proposed; the location of the District Commission where the application was filed; and the date of filing. The project location specified in the notice shall be sufficiently precise so that a person generally familiar with the area can approximately locate the tract or tracts of land on an official town highway map. The District Commission shall provide notice of the application and the date of hearing or public comment deadline to all those listed in 10 V.S.A. § 6084(b), except that provision of personal notice to adjoining property owners by the District Commission may be waived by the chair of the District Commission as specified in subdivision (F) of this rule.

(H) If, in the course of reviewing an application, the District Commission determines that a project has changed from the project that has been noticed to the extent that such change may have a significant adverse impact under any of the criteria or may affect any person under any of the criteria, the commission shall stay the proceedings and provide new notice of the changed project, pursuant to this rule.

Rule No.11 Fees

(A) Fees shall be assessed pursuant to 10 V.S.A. § 6083a.

(B) All improvements constructed in a subdivision shall be subject to fees. If an applicant proposes, as part of a subdivision, to construct dwellings in the subdivision, the fee for such construction shall be paid by the applicant at the time the application is filed.

Rule No.12 Documents and Service Thereof; Page Limits; Motions and Replies

(A) All applications, notices, petitions, entries of appearance and other documents filed with the District Commissions shall be deemed to have been filed when the document is received by the District Commission, except that applications which do not contain information required by the application forms and guidelines issued by the board shall be considered filed on the date that all required information is received, as provided for in Rule 10 of these rules.

(B) Any document initiating a case before a District Commission shall be signed by the petitioner or an agent thereof. The requirements for content and service of initial documents are specified in these rules as follows:

Applications for permits: Rule 10

Applications for permit amendments: Rule 34

Additional requirements concerning these initial documents are specified in sections (C), (D) and (G) below.

(C) When required by these rules, the service of an initial document by a party shall be made by personal service or by first class mail, except in cases where a different manner of service is required by an applicable provision of law,

(D) Documents should comply with the following page limits:

(1) Motions: no more than five pages.

(2) Petitions for party status; memoranda; briefs; and other pleadings: no more than 20 pages.

(3) Reply memoranda, briefs, or other reply pleadings: no more than 20 pages.

(4) Proposed findings of fact and conclusions of law: no more than 40 pages.

(5) There is no limit on prefiled direct or rebuttal testimony or on evidentiary exhibits.

(E) All motions should be accompanied by a supporting memorandum.

(F) Unless otherwise specified in these rules, all memoranda in reply to a motion shall be filed within fifteen days of service of the motion, or within the same number of days in which the movant was required to file, whichever is shorter.

(G) All proposed findings of fact and conclusions of law should state the location of the supporting evidence in the record and should discuss the applicable legal provisions, showing how each element of a claim is met or not met based on the facts of a case.

(H) Every document filed by any party subsequent to the initial document filed in a case shall be served upon the attorneys or other representatives of record for all other parties and upon all parties who have appeared for themselves, and shall be accompanied by a certificate of service certifying that the document was served in accordance with these rules, stating the date and method of service, and listing the name and address of each person served. Service within this subsection of the rule shall be made upon a representative or a party by delivering a copy in person or by mailing a copy to the last known address of the individual.

(I) The District Commission may, on its own motion or on motion by a party, require or authorize the electronic filing and service of any document.

Rule No.13 Hearing Schedules

(A) Scheduling. Hearings shall be scheduled and held in accordance with 10 V.S.A. § 6085, except that an applicant may, with the approval of the District Commission, waive those requirements. Hearings on requests for findings in Designated Downtowns shall be scheduled and held in accordance with 10 V.S.A. § 6086b. Hearings may be continued until all testimony and evidence relating to the criteria set forth in the Act have been presented and all parties have had adequate opportunity in the judgment of the District Commission to be heard. If additional hearings are required, their scheduling is within the discretion of the District Commission.

(B) Recesses. Any time prior to adjournment of a hearing by the District Commission, the District Commission may, on petition of a party or on its own motion, recess a hearing pending the convening of further hearings, receipt of submissions from parties, conduct of investigations, review of evidence in the record, completion of final zoning or subdivision review, deliberation or other similar reason. During such period, the applicant may, with due notice to all parties to the application, move to reopen the hearing on any of the criteria in 10 V.S.A. § 6086(a) for the purpose of offering further relevant evidence or testimony.

(C) Order of hearings. To the extent reasonable, the initial hearings shall be scheduled in the order that completed applications are filed, unless an applicant waives this priority right.

Rule No.14 Parties and Appearances

(A) Party status in Act 250 proceedings is established pursuant to 10 V.S.A. § 6085(c).

(B) Appearances. A party by right to a case before the District Commission may appear by attending a pre-hearing conference or hearing, or by filing a written notice of appearance with the commission, and serving that notice on all other parties of record.

(C) Representatives. A party to a case before the District Commission may appear in person, or may be represented by an attorney or other representative of his choice. The District Commission shall enter on its docket and certificates of service the name of any representative who has appeared for a party or who has countersigned a party's pleadings. Any notice given to or by a representative of record for a party shall be considered in all respects as notice to or from the party represented.

(D) Notice for information only. The District Commission may provide notice for information only to such additional persons as it deems appropriate.

(E) Preliminary determinations, re-examinations, and final determinations of party status for adjoining landowners and other interested persons by the District Commissions pursuant to 10 V.S.A. § 6085(c)(6).

(1) The District Commissions shall make preliminary determinations concerning party status adjoining landowners and other interested persons. If a prehearing conference is not held, such determinations shall be made at the commencement of the first hearing on the application. If a prehearing conference is held, such determinations shall be made in writing immediately following the conference and prior to the first hearing day on the application.

(2) If a District Commission has made an oral preliminary determination concerning party status, a party or petitioner for party status may request that the District Commission issue such determination in writing. The District Commission shall issue such written determination no later than five days following the date on which the request for a written determination was made.

(3) A District Commission shall re-examine party status determinations before the close of hearings and state the results of that re-examination in the District Commission decision. In the re-examination of party status coming before the close of District Commission hearings, persons having attained party status up to that point in the proceedings shall be presumed to retain party status. However, on motion of a party, or on its own motion, a commission shall consider the extent to which parties continue to qualify for party status. Determinations made before the close of District Commission hearings shall supersede any preliminary determinations of party status. 10 V.S.A. § 6085(c)(6).

Rule No.15 Joint Hearings

In order to avoid duplication of testimony and avoid unnecessary expense, the District Commissions may hold a hearing with another affected governmental agency if the agency communicates its agreement to or request for a joint hearing to a District Commission at least ten days before the scheduled hearing date. The communication must be in writing signed by a representative of the agency but can be sent through any party to the proceedings or directly from the affected agency. Any party may petition, in writing, to the District Commission to request a joint hearing with another affected governmental agency.

Rule No.16 Prehearing Conferences and Preliminary Rulings

(A) Prehearing Conferences. Upon request of an applicant or upon its own motion, a District Commission, acting through a duly authorized delegate, may conduct such prehearing conferences, upon due notice, as the commission determines will be useful in providing full information to all parties and in expediting its proceedings. Such prehearing conferences may include the following:

(1) Determine preliminary party status in accordance with Rule 14 and 10 V.S.A. § 6085(c) (6);

(2) Clarify the issues in controversy and set a schedule for future proceedings;

(3) Identify evidence, documents, witnesses, stipulations, and other offers of proof to be presented at a hearing by any party;

(4) Promote expeditious, informal and nonadversarial resolution of issues, require the timely exchange of information concerning the application, and encourage participants to settle differences; and

(5) Conduct such other business that the District Commission deems necessary and appropriate.

(B) Preliminary rulings. The convening officer, if a member of the District Commission, may make such preliminary rulings as to matters of notice, scheduling, party status, and other procedural matters, including interpretation of these rules, as are necessary to expedite and facilitate the hearing process. Such rulings may also be made by a commission chair without the convening of a prehearing conference. However, any such ruling may be objected to by any interested party, in which case the ruling shall be reviewed and the matter resolved by the District Commission.

(C) Prehearing order. The convening officer may prepare a prehearing order stating the results of the prehearing conference. Any such order shall be binding upon all parties to the proceeding who have received notice of the prehearing conference if it is forwarded to the parties at least five days prior to the hearing. However, the time requirement may be waived upon agreement of all parties to the proceeding; and the District Commission may waive a requirement of a prehearing order upon a showing of cause, filing a timely objection, or if fairness so requires.

(D) Informal and non-adversarial resolution of issues. In the normal course of their duties, the District Commissions shall promote expeditious, informal and non-adversarial resolution of issues, require the timely exchange of information concerning an application and encourage participants to settle differences in any Act 250 proceeding. The District Commissions may require the timely exchange of information regardless of whether parties are involved in informal resolution of issues. See 10 V.S.A. § 6085(e).

Rule No.17 Evidence in Contested Case Proceedings

(A) Admissibility. The Administrative Procedure Act, 3 V.S.A. § 810 shall govern the admissibility of evidence..

(B) Documents submitted for the record. Permit applications, permits, approvals, certifications, and related documents accompanying applications submitted by a party shall be entered into the record when they are accepted for filing.

(C) Order of evidence. The District Commission or Board shall receive evidence and testimony on any of the criteria or issue in the order as appears most expeditious and equitable. Upon conclusion of an offer of proof on an issue, unless otherwise directed by the District Commission or Board, all other parties shall at that time present whatever evidence and testimony they intend to offer on the criterion before proceeding to another criterion. An applicant or a party may, however, request a partial review under the criteria in a particular sequence pursuant to Rule 21.

(D) Prefiled testimony. Any party may elect to submit testimony in writing. Such testimony must be clearly organized with respect to the criteria of the Act and any other issues which are addressed, and must contain a table of contents identifying the criteria and issues addressed.

(1) Notice and distribution. A party intending to use prefiled testimony must notify the commission or Board and all other parties of the issues to be addressed and the witnesses to be used at least 14 days prior to the hearing at which this testimony will be offered. At least 7 days prior to the hearing, the offering party must submit a copy of the testimony to each party of record and file it with the district coordinator or Board. These time requirements may be waived by the District Commission or Board upon a showing of good cause.

(2) Hearing procedure. Prefiled testimony is intended only to facilitate presentation of a witness's direct testimony. The witness must be present at the hearing to present his direct testimony in writing and to affirm its truthfulness. Objections to the admissibility of the testimony will be heard when it is offered unless an earlier deadline for objections has been established by the District Commission or Board. The witness must remain available for cross-examination. If the parties have received copies of the testimony in accordance with this Rule, the District Commission or Board may require that cross-examination proceed immediately.

(E) Prehearing submissions. The District Commission or Board may direct, by way of a prehearing conference order or otherwise, that all parties file in advance of any scheduled hearing date, a copy of all proposed exhibits, a list of all proposed witnesses, a summary of all proposed testimony, memoranda concerning any issue in controversy, prefiled testimony, or such other information as the District Commission or Board deems appropriate.

Rule No.18 Conduct of Hearings

(A) Quorum and deadlocks. A quorum of a District Commission to conduct business, including holding a hearing, shall consist of two members. A quorum of the Board shall consist of three members. In the event that a tie vote results during the conduct of any business, conduct of business will be recessed until an uneven number of members can meet and break the tie. In the event of a hearing decision over which a deadlock exists, a rehearing will either be held or decided on the transcript or recording thereof; the decision to rehear will be made by a majority of those members of the District Commission or Board who convene to break the deadlock.

(B) Alternate members. In the event that any member of a District Commission is unavailable to participate in a hearing or is disqualified, the District Commission chair or vice chair,may, if the issues so warrant it, assign an alternate from that District Commission, or Board. At the request of the chair or vice chair of a commission, the Board chair may assign a member or members from another district to serve on the commission. In the event that any Board member is unavailable to participate in a hearing or is disqualified, the Board chair or vice chair, may, if the issues so warrant it, assign an alternate from the Board.

(C) District Commission Chair, Vice Chair and Acting Chair

(1) The chair shall have the power to administer oaths to witnesses; and, unless a party objects, rule on questions of evidence and offers of proof, order depositions to be taken, rule on the validity of service of subpoenas and other notices, and do whatever is necessary and proper to conduct the hearing in a judicious, fair and expeditious manner.

(2) The Board and each District Commission shall annually elect a vice chair from its members who shall serve until his or her successor is elected. In the absence or recusal of the chair, the vice chair shall perform all duties and exercise all powers of the chair.

(3) In the absence or recusal of both the chair and the vice chair, the board or commission members present at any commission meeting or hearing shall elect an acting chair, who shall perform all duties and exercise all powers of the chair at that meeting or hearing.

(D) Dismissal. A District Commission may, on its own motion or at the request of a party, consider the dismissal, in whole or in part, of any matter before it for reasons provided by these rules, by statute, by law, or for failure to comply with an order of the District Commission, or the chair of the District Commission. At the request of a party or on its own motion, the District Commission will entertain oral argument prior to considering any such dismissal; such argument shall be preceded by notice to the parties unless dismissal is considered at a regularly convened hearing on the matter. A decision to dismiss shall include a statement of reasons for the dismissal and shall be made within 20 days of the final hearing at which dismissal is considered.

(E) Recording of proceedings.

(1) An electronic sound recording device shall be used to audio-record all hearings. Inadvertent failure to record all or part of the hearing shall not constitute a defect in the hearing.

(2) Any party intending to stenographically record a hearing shall so notify the Commission and parties not less than one working day prior to the hearing. The party requesting this method of recording shall be responsible for arranging the appearance of, and payment to, the stenographer.

(3) A copy of any full or partial transcript shall be provided to the District Commission without cost. Any such transcript copy shall be a public record.

(F) Completion of deliberations. A hearing shall not be closed until a District Commission has provided an opportunity for all parties to respond to the last permit or evidence submitted. Once a hearing has been closed, deliberations shall be concluded as soon as is reasonably practicable. A decision of a commission shall be issued within 20 days of the completion of deliberations. 10 V.S.A. § 6085(f).

(G) Adjacent district. When it is determined that a development or subdivision, or its potential impacts, will extend into an adjacent district, the chair of the Board may assign the case to the District Commission in which district the project predominates if this assignment will provide for greater efficiency of review. The District Commission assigned to the case may review the entire scope of the project and render a decision.

(H) Waiver of requirements. The District Commission may waive any filing requirement upon a showing of good cause, unless such waiver would unfairly prejudice the rights of other parties.

Rule No.19 Compliance with Other Laws - Presumptions

(A) Alternative procedures. In the event that a subdivision or development requires one or more permits, approvals or certifications from, another state agency, the applicant may elect to follow any one or any combination of the following procedures:

(1) Obtain other permits, approvals or certifications before filing the Act 250 application (See (B) below); or

(2) File the Act 250 application prior to, or together with other applications, but with an intention to use other permits, approvals or certifications to establish presumptions of compliance with substantive criteria of the Act (See (C) below); or

(3) With the approval of the District Commission, an Act 250 application may be filed first, with an intention to satisfy certain substantive criteria of the Act with independent evidence of compliance (See (D) below). In addition, an applicant may file an application for partial findings under the appropriate criteria in accordance with Rule 21.

(B) Permits accompanying application. If the applicant obtains applicable permits, approvals or certifications listed in section (E) of this rule prior to filing an Act 250 application, he or she shall attach copies of such permits, approvals or certifications to the application. Such permits, approvals and certifications, when entered in the record pursuant to Rule 17, will create presumptions of compliance with the applicable criteria of the Act in the manner set out in section (F) of this rule.

(C) Permits obtained after application. If an applicant states an intention to use applicable permits, approvals or certifications not yet issued to raise presumptions under this rule, the District Commission may, at its discretion, defer issuing a land use permit until the necessary permits, approvals or certifications are issued, and may recess the hearing until they are submitted by the applicant. The applicant must submit copies of each permit, approval or certification relied upon to the District Commission, and shall serve all parties in accordance with these rules. The District Commission will, within five days, provide each party with party status under the relevant criteria notice of the party's right to request a reconvened hearing.

The District Commission may reconvene the hearing on its own motion, or upon the request of a party intending to rebut the presumption or claiming that there has been a substantial change in circumstances pertaining to the application. Unless otherwise ordered by the District Commission, any request by a party to reconvene must be filed within 10 days of the date of mailing of the permit, approval or certification and notice. If no such request is received, the hearing will be considered closed on the relevant criteria. If a request is received and the hearing is reconvened, evidence will be taken in the manner set out in section (F) of this rule.

(D) No reliance on permits. With District Commission approval, an applicant may seek to satisfy the burden of proof under applicable criteria of the Act without submitting permits, approvals or certifications from other state agencies by offering affirmative evidence through testimony, exhibits and other relevant material upon which the District Commission can make findings of fact and conclusions of law. However, if any of the permits, approvals or certifications identified in section (E) of this rule must be obtained prior to construction or use of the project, or portion thereof, the District Commission may, on its own motion or on motion by a party, defer taking evidence until the necessary permits, approvals or certifications are issued and may recess the hearing until they are submitted by the applicant. If action is deferred, the provisions of section (C) of this rule shall apply.

(E) Permits creating presumptions. In the event a subdivision or development is also subject to standards of or requires one or more permits, approvals or certifications from another state agency, such permits, approvals or certifications of compliance, when entered in the record pursuant to Rule 17, will create the following presumptions:

(1) That waste materials and wastewater can be disposed of through installation of wastewater and waste collection, treatment and disposal systems without resulting in undue water pollution:

(a) A wastewater system and potable water supply permit - Agency of Natural Resources under 10 V.S.A. Ch. 64 and rules adopted thereunder. (Note: Permits, approvals, or certifications issued by the Agency of Natural Resources for potable water supplies and wastewater systems prior to June 14, 2002 are deemed to be permits, approvals, or certifications issued under 10 V.S.A. Ch. 64 pursuant to § 15(c) of Act 133 of the 2002 Legislative Session.)

(b) An individual discharge permit; an approval for coverage under a general discharge permit; or a discharge permit for a wastewater treatment facility owned or controlled by the applicant and to be used by the project issued by the Agency of Natural Resources, under 10 V.S.A. Chapter 47 and rules adopted thereunder.

(c) A certification of compliance that the project's use of a sewage treatment facility not owned or controlled by the applicant complies with the permit issued for that facility by the Agency of Natural Resources, under 10 V.S.A. Chapter 47 and rules adopted thereunder.

(d) A sewer lines extension permit - Agency of Natural Resources, under 10 V.S.A. Chapter 47 and rules adopted thereunder.

(e) An underground injection permit for the discharge of non-sanitary waste into an injection well - Agency of Natural Resources, under 10 V.S.A. Chapter 47 and rules adopted thereunder.

(f) A solid waste or hazardous waste certification - Agency of Natural Resources, under 10 V.S.A. Chapter 159 and rules adopted thereunder.

(g) An underground storage tank permit with regard solely to the substance to be stored in the underground storage tank - Agency of Natural Resources under 10 V.S.A. Chapter 59 and rules adopted thereunder.

(2) That no undue air pollution will result:

(a) Air Pollution Control Permit - Agency of Natural Resources, under 10 V.S.A. § 556 and rules adopted thereunder.

(3) That a sufficient supply of potable water is available:

(a) A wastewater system and potable water supply permit - Agency of Natural Resources under 10 V.S.A. Ch. 64 and rules adopted thereunder. (Note: Permits, approvals, or certifications issued by the Agency of Natural Resources for potable water supplies and wastewater systems prior to June 14, 2002 are deemed to be permits, approvals, or certifications issued under 10 V.S.A. Ch. 64 pursuant to § 15(c) of Act 133 of the 2002 Legislative Session.)

(b) Public utility permit - Public Service Board under 30 V.S.A. §§ 203 and 219.

(c) Municipal permit - Local water authority.

(d) A public water system construction permit - Agency of Natural Resources, under 10 V.S.A. Chapters 48, 56, and 61; 18 V.S.A. § 1218, and rules adopted thereunder.

(e) A public water system operating permit - Agency of Natural Resources, under 10 V.S.A. Chapters 48, 56, and 61; 18 V.S.A. § 1218, and rules adopted thereunder.

(4) That the application of pesticides will not result in undue water or air pollution and will not cause an unreasonable burden on an existing water supply:

(a) Permit for the application of herbicides to maintain and clear rights-of-way - Department of Agriculture, under 6 V.S.A. Chapter 87 and rules adopted thereunder.

(5) That the development or subdivision will not violate the rules of the agency of natural resources relating to significant wetlands:

(a) A conditional use determination, permit, or approval under a general permit with respect to activities in a Class I or Class II wetland or its associated buffer zone, issued by the Agency of Natural Resources under 10 V.S.A. Ch. 37, and rules adopted thereunder.

(6) That stormwater runoff during construction will not cause unreasonable soil erosion or reduction in the capacity of the land to hold water.

(a) An individual construction discharge permit, or an approval for coverage by a general permit for stormwater runoff from construction sites, issued by the Agency of Natural Resources, under 10 V.S.A. Chapter 47 and rules adopted thereunder.

(F) Effect of presumptions. A permit, approval or certification filed under this rule shall create a rebuttable presumption that the portion of the development or subdivision subject to the permit, approval or certification is not detrimental to the public health and welfare with respect to the criteria specified in these rules. However, the District Commission may on its own motion question the applicant, the issuing agency, or other witnesses concerning the permit, approval or certification, and any party may challenge the presumption. If a party challenges the presumption, it shall state the reasons therefor and offer evidence at a hearing to support its challenge. Upon the rebuttal of the presumption, the applicant shall have the burden of proof under the relevant criteria and the permit, approval or certification shall serve only as evidence of compliance.

(1) In the case of permits, approvals or certifications issued by the Agency of Natural Resources, technical determinations of the Agency shall be accorded substantial deference by the District Commission.

(2) In the case of presumptions provided in Rule 19, if the District Commission concludes, following the completion of its own inquiry or the presentation of the challenging party's witnesses and exhibits, that undue water pollution, undue air pollution, inadequate water supply, unreasonable burden on an existing water supply, or violation of the rules of the agency of natural resources relating to significant wetlands is likely to result, then the District Commission shall rule that the presumption has been rebutted. Technical non-compliance with the applicable health, water resources and Agency of Natural Resources' rules shall be insufficient to rebut the presumption without a showing that the non-compliance will likely result in, or substantially increase the risk of, undue water pollution, undue air pollution, inadequate water supply, unreasonable burden on an existing water supply, or violation of the rules of the agency of natural resources relating to significant wetlands.

(G) Changes requiring amendment. In the event a permit or certification issued after the filing of an Act 250 application imposes restrictions or conditions which substantially change the character or impacts of the proposed subdivision or development, the applicant shall amend the application to reflect such changes with due notice to all parties. The District Commission may, on its own motion or on motion of any party, reconvene a hearing to consider evidence which is relevant to such changes.

(H) Approvals. As used in this rule, the terms permit approval, and certification shall refer to any written document issued by the appropriate state agency attesting to a project's compliance with the regulations or statutes listed in section (E) of this rule. With respect to approvals identified in section (E)(1) of this rule, a commission may accept a site and foundation approval as establishing presumption if it determines that said approval is based upon an evaluation by the Agency of Natural Resources of site characteristics and a specific waste disposal system plan.

(I) Municipal presumptions. The District Commissions shall accept determinations issued by a development review board under the provisions of section 4420 of Title 24 with respect to municipal impacts under criteria 6, educational services; 7, municipal services; and 10, conformance with the municipal plan ( 10 V.S.A. § 6086(a)) . These decisions must include findings of fact and conclusions of law demonstrating compliance or non-compliance with the relevant criteria of Act 250. Such determinations of a development review board, either positive or negative, under the provisions of section 4420 of Title 24, shall create a rebuttable presumption only to the extent that the impacts under the criteria are limited to the municipality issuing the decision. A development review board decision involving local Act 250 review of municipal impacts must include a notice that it constitutes a rebuttable presumption under the relevant criteria and that the presumption may be challenged in proceedings under 10 V.S.A. Chapter 151. See 10 V.S.A. § 6086(d).

Rule No.20 Information Required

In considering any Act 250 application:

(A) Supplementary information. The District Commission may require any applicant to submit relevant supplementary data for use in resolving issues raised in a proceeding, and in determining whether or not to issue a permit. When necessary to an adequate evaluation of an application under the criteria set forth in 10 V.S.A. § 6086(a)(1) through (a)(10), the District Commission may require supplementary data concerning the current or projected use of property owned by the applicant or others adjoining the project site.

(B) Investigation.

(1) The District Commission may conduct such investigations, examinations, tests and site evaluations as it deems necessary to verify information contained in the application or otherwise presented in a proceeding.

(2) The District Commission may make reasonable inquiry as it finds necessary to make findings and conclusions as required; in this event the District Commission may recess the proceedings or require such investigations, tests, certifications, witnesses, or other assistance as it deems necessary to evaluate the effects of the project under the criteria in question or any other issues before it.

(3) Such investigations shall be conducted in accordance with the contested case provisions of the Administrative Procedures Act, 3 V.S.A. §§ 800

Rule No.21 Master Plan and Partial Review

Purpose. This rule creates greater efficiency in the application review process, avoids unnecessary and unreasonable costs, and provides guidance and greater predictability to the applicant and all parties by providing for master plan decisions. Master plan decisions include partial findings of fact and conclusions of law for a phased development or subdivision and may also include a permit for the initial construction phase.

The comprehensive planning and specificity on which a master plan decision is based allows for greater certainty and expeditious processing of permit amendments for subsequent phases, with as many criteria as practicable having already been addressed by the master plan decision.

Master plan decisions expedite permitting of subsequent phases by addressing some criteria for the fully developed project. For example, a master plan decision for an industrial park could address the park's general impacts and these impacts would already be addressed for a manufacturer subsequently seeking to develop a lot in the park, thus saving time and money.

Additionally, partial review can continue independently of master plan review to determine whether a project complies with one or more Act 250 criteria. This allows cost-effective preliminary review that may determine whether a project is feasible in a particular location.

I. Master Plans

(A) Applicability and effect.

1. An applicant may seek review of a phased development or lot-by-lot build-out of a subdivision as a master plan decision.

2. Master plan applications shall be reviewed as a request for partial review under subdivision II of this rule.

3. The District Commission may require a master plan application that contains such information as the Commission requires for review if:

a) the applicant's proposed development or subdivision involves multiple phases; or

b) the master plan process would avoid or limit piecemeal review of development or subdivision planned by the applicant for the reasonably foreseeable future.

4. Scope and Duration.

a) Master plan findings and conclusions may be sought on any issue under the criterion or criteria for which there is sufficient, reliable information to base findings and conclusions.

b) Master plan findings and conclusions shall be binding upon all parties pursuant to subdivision II (E) of this rule.

c) Master plan findings of fact and conclusions may be issued for a period of time that allows for reasonable investment certainty for a reasonable planning period for which potential impacts under a criterion can be ascertained. The District Commission shall consider the following factors in determining the period of time for which findings and conclusions shall be valid:

i. the quality and sufficiency of information provided to the Commission under each criterion for which the applicant has requested findings and conclusions; and

ii. the nature and context of the project.

d) Prior to expiration a master plan decision may be renewed and conditions updated, as appropriate. The District Commission may require information on which a master plan decision is based to be updated prior to granting any extension or renewal.

(B) Applications.

An applicant seeking a master plan decision shall, in addition to filing an application in accordance with all other applicable requirements, detail, to the extent known with reasonable certainty, all project phases for which the applicant is seeking a master plan decision, the fully completed project, and the project timeline, and the criteria under which the applicant seeks review.

Subsequent phases or the development of individual lots of a subdivision may be approved as amendments. The amendment process shall be conducted in conformance with the terms of Rule 34, all statutory requirements, and the following:

1. The District Commission may require persons other than the applicant to be co-applicants in pursuant to Board Rule 10; and

2. Amendments of master plan decisions shall detail the effect on all overall limits or any impact budget set by the master plan decision.

(C) Master plan decisions.

1. Development or subdivision associated with any aspect of a master plan project shall not commence until a permit specifically authorizing the development or subdivision has issued.

2. The District Commission may issue a master plan decision with partial findings of fact and conclusions addressing one or more criteria for subsequent phases of a project. Master plan decisions shall, to the greatest extent possible:

i. establish an impact budget addressing overall limits for the full project build-out (including but not limited to wastewater, water supply, vehicle trips, etc.) based upon findings of fact under the relevant criteria;

ii. establish a procedure for evaluating subsequent phases of the project against the impact budget;

iii. provide guidance to the applicant and identify information that may be required by the District Commission to issue affirmative findings and conclusions for subsequent phases.

II. Partial Review

(A) To avoid unnecessary or unreasonable costs, an applicant, upon notice and approval of a District Commission, may offer evidence in support of or have the project reviewed with respect to any issue under the criteria or sub-criteria of the Act in any sequence approved by the District Commission. However, the District Commission shall not permit such procedure if it works a substantial hardship or inequity upon other parties to the proceedings, will unduly delay final action on the application, or make comprehensive review of an application under applicable criteria impractical or unduly difficult. An applicant seeking to use this procedure shall notify the District Commission and all parties entitled to receive notice, of his or her petition and the sequence and timing under which he or she intends to offer evidence or submit the project for review with respect to any issue under specified criteria or sub-criteria.

(B) A District Commission, on its own motion, may consider whether to review any issue under the criteria or sub-criteria before proceeding to the review of issues under the remaining criteria.

(C) In any proceeding under sections (A) or (B) of this rule, the District Commission, shall, within 20 days of the completion of deliberations, either issue its findings of fact, conclusions of law, and decision, or proceed to a consideration of issues under the remaining criteria. The decision to issue a decision or proceed to the remaining criteria shall be in the sole discretion of the District Commission. If the District Commission first issues a partial decision under this rule, the decision must state which findings of fact support conclusions of law under the applicable criteria, and which findings of fact are preliminary and do not support a conclusion of law.

(D) If the District Commission decides to issue a partial decision, the District Commission shall make findings of fact and conclusions of law including any conditions or terms to be imposed by the District Commission. If the District Commission is unable to make such findings of fact supporting a conclusion of law by reasons of inadequate evidence or information, it shall inform the applicant and all parties. Such findings of fact, conclusions of law and any conditions or limitations shall remain in effect, pending issuance or denial of a permit under the Act, for a reasonable and proper term as determined by the District Commission. Such findings of fact and conclusions of law may be subject to timely application for extension pursuant to Rule 35.

(E) The findings of fact and conclusions of law made under the terms of this rule shall be binding upon all parties during the period specified by the District Commission, unless it is shown that misrepresentation or, fraud occurred, or that the facts relevant to the matter have changed to the extent that the findings or conclusions are no longer valid.

(F) A permit for any phase shall not be granted under this rule until the applicant has fully complied with all criteria and positive findings of fact and conclusions of law for that phase have been made by the District Commission as required by the Act.

(G) These procedures are intended to minimize costs and inconvenience to applicants and shall be applied liberally by the District Commission for that purpose consistent with the right of other parties and the requirements of law and any pertinent regulations.

Rule No.22 Designated Downtown Development District Findings and Conclusions

This rule applies to the process established by 10 V.S.A. § 6086b to request findings and conclusions ( Section 6086b Application) for projects in Downtown Development Districts designated pursuant to Chapter 76A of Title 24.

A. The Section 6086b Application process is limited to the following Act 250 criteria (the Downtown Criteria):

1 (air pollution)

1 (water pollution)

1A (headwaters)

1B (waste disposal)

1C (water conservation)

1D (floodways)

1E (streams)

1F (shorelines)

1G (wetlands)

2 & 3 (water supply)

4 (soil erosion)

5 (transportation)

8 (aesthetics)

8 (rare & irreplaceable natural areas)

8 (historic sites)

8A (necessary wildlife habitat)

9B (primary agricultural soils)

9C (productive forest soils)

9F (energy conservation)

9K (public facilities, services & lands)

B. The state agencies that comment on a Section 6086b Application (the Downtown Agencies) are:

1. The Agency of Natural Resources, on:

a. Criteria 1 (air), 1 (water), 1A (headwaters), 1B (waste disposal), 1C (water conservation), 1D (floodways), 1E (streams), 1F (shorelines), 1G (wetlands).

b. Criterion 2 (sufficient water supply).

c. Criterion 3 (burden on existing water supply).

d. Criterion 4 (erosion).

e. Criterion 8 (rare and irreplaceable natural areas).

f. Criterion 8A (endangered species; necessary wildlife habitat).

g. Criterion 9C (productive forest soils).

h. Criterion 9K (adjacent public facilities, services and lands).

The Agency of Agriculture, Food and Markets, on Criterion 9B (primary agricultural soils).

3. The Agency of Transportation, on:

a. Criterion 5 (transportation).

b. Criterion 9K (adjacent public facilities, services and lands).

4. The Division for Historic Preservation, on Criterion 8 (historic sites).

The Public Service Department, on Criterion 9F (energy conservation).

6. The Department of Buildings and General Services, under Criterion 9K (adjacent public facilities, services and lands).

C. Applicants are strongly encouraged to contact the District Coordinator, Agency of Natural Resources permit specialist, and Downtown Agencies before filing a Section 6086b Application, to identify and resolve issues under the Downtown Criteria and obtain all state permits, approvals and other materials required for a complete application. The District Coordinator can provide contact information for the Agency of Natural Resources permit specialist and Downtown Agencies.

D. A Section 6086b Application shall include:

1. A Project Review Sheet completed by the Agency of Natural Resources permit specialist. Contact information is available at: http://www.anr.state.vt.us/dec/permits.htm#locator.

2. All required permits from the Agency of Natural Resources Department of Environmental Conservation, and any other required permits and approvals relevant to the Downtown Criteria, including, as applicable, any permit for the application of herbicides from the Agency of Agriculture, Food and Markets under 6 V.S.A. Chapter 87, any take permit from the Agency of Natural Resources' Department of Fish and Wildlife under 10 V.S.A. Chapter 123, and any state access permit from the Vermont Agency of Transportation under 19 V.S.A. §

4. A draft mitigation agreement or similar document from the Agency of Agriculture, Food and Markets if the project impacts primary agricultural soils.

5. A recycling plan for construction and demolition waste.

6. All information required in the Act 250 application for the Downtown Criteria.

7. A complete list of adjoining property owners, and any other information and materials required by applicable Act 250 Rules.

8. A certification that a copy of the Section 6086b Application has been served on each person as required by 10 V.S.A. § 6086b(2) (B, and upon the Downtown Agencies.

F. Within five days of the filing of a Section 6086b Application, the District Coordinator shall determine whether the application is complete.

1. Notice of a complete Section 6086b Application shall be provided within five days of the date the District Coordinator determines the application to be complete.

a. The notice may include a date upon which the District Commission could convene any required hearing, or any other relevant information if known.

b. The notice shall be served upon each person as required by 10 V.S.A. § 6086b(2)(B) and upon the Downtown Agencies.

c. The notice shall be served electronically whenever possible.

d. A copy of the notice shall be posted on the NRB website.

Notice that the District Coordinator has determined that a Section 6086b Application is incomplete shall be provided within five days of the determination, and shall state the basis for the determination.

a. The Notice shall be served upon each person as required by 10 V.S.A. § 6084(a) and upon the Downtown Agencies.

b. The notice shall be served electronically whenever possible.

G. Within 30 days of notice of a complete application:

1. The Downtown Agencies must file comment letters consistent with 10 V.S.A. § 6086b(3). The Downtown Agencies should also address any issues arising under the Downtown Criteria, and include any proposed conditions.

2. Any person who wishes to file comments on whether the Project complies with any of Downtown Criteria shall do so.

3. Any person, including the Applicant or any Downtown Agency, who wishes to request a hearing, shall do so.

H. All comments shall be filed and served in accordance with the Act 250 Rules, including Rule 12.

I. Any request for a hearing shall include:

1. The requestor's name, address, telephone number, and email address or statement that the requestor does not wish to receive service by email.

2. A specific statement describing a substantial issue under one or more of the Downtown Criteria.

3. A petition for party status compliant with 10 V.S.A. § 6085(c)(2), except that a person entitled to party status under 10 V.S.A. § 6085(c)(1)(A) - (D) need not include a petition for party status.

4. All reports, data and other written information in support of any substantial issue raised in the request for hearing.

5. A description of the evidence to be presented at the hearing.

J. If the District Commission determines that no substantial issue exists, it shall issue a decision without a hearing, within 60 days of issuing notice of a complete application.

K. If the District Commission determines upon request or on its own motion that there is a substantial issue under any of the Downtown Criteria, the District Commission shall:

1. Convene a hearing within 20 days of the end of the comment period.

2. Issue notice of the hearing at least 10 days prior to the hearing.

3. Rule on all party status petitions prior to or at the outset of the hearing, and reexamine those rulings before the close of the hearing, in accordance with 10 V.S.A. § 6085(c)(6).

4. Limit the hearing to the substantial issues under the Downtown Criteria identified by those afforded party status pursuant to 10 V.S.A. § 6085(c)(1), or by the District Commission, unless the District Commission determines before or during the hearing that additional substantial issues under the Downtown Criteria should be addressed.

5. Recess the hearing as needed until the record is complete.

6. Adjourn the hearing when the record is complete.

7. Issue a decision on the Section 6086b application within 15 days of adjourning the hearing.

L. The failure of a Downtown Agency or other person to submit a comment or ask for a hearing within the applicable time period shall not delay the District Commission's issuance of a decision on a complete application.

M. The District Commission decision shall include findings, conclusions and conditions under all Downtown Criteria (the Downtown Findings).

1. The Downtown Findings shall be posted on the NRB website and served upon:

a. The Applicant and all other parties by right under Section 6084(a).

b. The Downtown Agencies.

The Downtown Findings shall be recorded in the land records of the City or Town in which the project is located, at the Applicant's expense.

N. The Applicant may waive any timeframe established in Section 6086b(7) in writing. Such a waiver shall extend the applicable and subsequent time periods by the amount of time waived.

O. The Act 250 Rules shall apply to Section 6086b Applications, to the extent consistent with 10 V.S.A. § 6086b, except as modified herein.

1. Subsection (C) of Act 250 Rule 10 shall not apply.

2. Subsection (G) of Act 250 Rule 10 shall not apply. Notice shall be provided as required by 10 V.S.A. § 6086b(2)(B).

3. Act 250 Rule 10 shall not apply.

4. Act 250 Rule 11 shall not apply.

5. Act 250 Rule 12 shall apply. Filing and service shall be electronic whenever possible.

Rule No.30 Approval or Denial of Applications; Stay of Permit Issuance; Successive Applications

(A) Issuance of decision The District Commission shall, within 20 days of the completion of deliberations on an application, issue a decision approving, conditionally approving, or denying the application The date of completion for deliberations shall be governed by 10 V.S.A. § 6085(f) and Rule 18 The decision on the application shall contain findings of fact and conclusions of law specifying the reasons for the decisions reached on all issues for which sufficient evidence was offered. If the application is approved, the decision shall also contain a land use permit in the name of the applicant, enabling the applicant to proceed with the development or subdivision in accordance with any stated terms and conditions.

(B) Stay of permit issuance due to non-compliance.

(1) Pursuant to 10 V.S.A. § 6083(g), a District Commission, pending resolution of noncompliance, may stay the issuance of a permit or permit amendment if it finds, by clear and convincing evidence, that a person who is an applicant: is not in compliance with a court order, an administrative order, or an assurance of discontinuance with respect to a violation that is directly related to the activity which is the subject of the pending application; or, has one or more current violations of this chapter, or any rules, permits, assurances of discontinuance, court orders, or administrative orders related to Act 250.

(2) The permit or permit amendment may be stayed for an indefinite period of time, pending resolution of noncompliance, if the noncompliance is substantial and significantly affects the values that are to be protected under the criteria of Act 250. Any decision to issue a stay must follow a ten day comment period with written notice to the applicant and all parties. The final decision to issue a stay shall be in writing and may be subject to a motion to alter or appeal to the environmental court in accordance with the rules of the supreme court.

(C) Successive Applications. The District Commission shall dismiss any application that involves substantially the same project as an earlier application that has been denied, when there has been no significant change in other facts or law that addresses all the grounds for denial.

Rule No.31 Reconsideration of Decisions (See also, Rule 3(B), for Reconsideration of Jurisdictional Opinions)

(A) Motions to alter decisions. Any party, or person denied party status, may file within 15 days from the date of a decision of the District Commission one and only one motion to alter with respect to the decision, or with respect to the denial of party status. Within 15 days of the filing, parties may file a response to any motion to alter which has been timely filed. No party, or person denied party status, may file a motion to alter a District Commission decision concerning or resulting from a motion to alter.

(1) All requested alterations must be based on a proposed reconsideration of the existing record. New arguments are not allowed, with the exception of arguments in response to permit conditions or allegedly improper use of procedures, provided that the party seeking the alteration reasonably could not have known of the conditions or procedures prior to decision. New evidence may not be submitted unless the District Commission, acting on a motion to alter, determines that it will accept new evidence.

(2) A motion to alter should number each requested alteration separately. The motion may be accompanied by a supporting memorandum of law which contains numbered sections corresponding to the motion. The supporting memorandum should state why each requested alteration is appropriate and the location in the existing record of the supporting evidence. Any reply memorandum of law should also contain numbered sections corresponding to the motion. Additional requirements concerning motions and memoranda are set out in Rule 12 of these rules.

(3) The District Commission shall act upon motions to alter promptly. The running of the time for filing a notice of appeal is terminated as to all parties by a timely motion to alter. It is entirely within the discretion of the District Commission whether or not to hold a hearing on any motion.

(4) The District Commission may on its own motion, within 30 days from the date of a decision, issue an altered decision or permit. Alterations by District Commission motion shall be limited to instances of manifest error, mistakes, and typographical errors and omissions.

(B) Application for reconsideration of permit denial.

(1) Procedure. An applicant for a permit who has received a final denial of an Act 250 permit application from a District Commission or a court may, within six months of the date of that decision, apply to the District Commission for reconsideration pursuant to 10 V.S.A. § 6087(c).

(2) Scope of review.

(a) Review shall be limited to those aspects of the project which have been physically modified to address the grounds for denial noted in the prior permit decision. Relitigation of issues is not permitted, nor are changes in statute or regulation or other facts grounds for reconsideration.

(b) The District Commission may expand its review beyond those aspects of the project which have been physically modified to address the grounds for denial noted in the prior permit decision where a change in circumstances that has occurred since the date of the prior permit decision may have a significant impact on any finding, conclusion, term or condition of the project's permit or may result in a significant adverse impact with respect to any of the criteria specified in 10 V.S.A. §§ 6086(a)(1) through (a)(10).

(c) The findings of the District Commission in the original permit proceeding shall be entitled to a presumption of validity in the reconsideration proceeding, insofar as those findings are not affected by proposed modifications in the project or other relevant change in circumstances.

Rule No.32 Duration and Conditions of Permits and Downtown Findings

(A) Conditions The District Commission may attach such conditions as are appropriate to ensure that the development is completed as approved This may include the posting of a bond or the establishment of an escrow account requiring the District Commission to certify that permit conditions have been complied with prior to release of the bond or discharge of the escrow account in part or in whole Permittees, and their successors and assigns shall comply with all terms and conditions stated in land use permits

All conditions shall be clearly and specifically stated in the permit or Downtown Findings. Conditions may pertain to improvement of land and to proper operation and maintenance of any facility during the terms of the permit relating to a development or subdivision.

The Board or District Commission may, as it finds necessary and appropriate, may require a permittee to file affidavits of compliance with respect to specific conditions of a permit at reasonable intervals. Failure to submit such affidavits shall be cause for the Board to take enforcement action or file a petition for revocation of the permit with the. Superior Court, Environmental Division.

When construction of a project will be pursued in stages involving more than one construction season, a commission may require a permittee to file an annual certificate stating what portion of an approved project has been completed to date.

(B) Duration of permits. Permits for extraction of mineral resources, solid waste disposal facilities, and logging above the elevation of 2500 feet shall contain specific dates for completion of the project, reclamation of the land, and for expiration of the land use permit. Permits issued for all other developments and subdivisions shall contain dates for completion of the project but shall not contain a date for expiration of the permit. Effective June 30, 1994, permits issued for all other developments and subdivisions shall be for an indefinite term. Expiration dates contained in permits (involving developments and subdivisions that are not for extraction of mineral resources, operation of solid waste disposal facilities and logging above the elevation of 2500 feet) are extended for an indefinite term. See 10 V.S.A. §§ 6090(b)(1) and (2).

(1) Project completion date. In determining the dates for phased or full completion of construction of improvements for development or subdivision, the District Commission shall consider the impacts of project development under the criteria of the Act, and shall give due regard to the economic considerations attending the proposed development or subdivision (such as the type and terms of financing, and the cost of development or subdivision) and the period of time over which the development or subdivision will take place. If a project, or portion of a project, is not completed by the specified date, such project or portion may be reviewed for continuing compliance with the criteria of 10 V.S.A. § 6086(a). In any such review, due consideration shall be given to fairness to the parties involved, competing land use demands for available infrastructure, and cumulative impacts on the resources involved. If completion has been delayed by litigation, proceedings to secure other permits, proceedings to secure title through foreclosure, or because of market conditions, the District Commission shall provide that the completion dates be extended for a reasonable period of time during which construction can be completed. 10 V.S.A. § 6090(b)(1).

(2) Permit expiration date. When an expiration date is required, the duration of a permit shall be for a specified period designated as a reasonable projection of time during which the land will remain suitable for the use as contemplated in the application and shall at a minimum extend through that time period over which the permit holder or successors in interest will be responsible and accountable for compliance with time-specific permit conditions, including proper and timely completion of the project, and any reclamation of the project lands including post closure monitoring of impacts under the criteria of the Act. During its term, a permit shall run with the land.

Rule No.33 Recording of Permits

(A) Recorded permits. Permits shall be recorded at the expense of the applicant in the land records of any municipality in which a development or subdivision is to be located unless the District Commission determines in specific instances that such action is not warranted. Any official action of the District Commission modifying the terms or conditions of a recorded permit shall also be recorded. The State of Vermont shall be shown as grantee and the original permittee and landowner as grantor. A commission may retain a permit after issuance in order to assure payment of recording expenses or payment of permit application fees.

(B) Unrecorded permits. The recording of permits is intended to assist purchasers and investors in property by providing actual notice of the terms and conditions of existing land use and development permits. The District Commissions will, to the extent that it is feasible, contact holders of presently unrecorded permits and seek to have them recorded by voluntary agreement. In addition, any unrecorded permit shall be recorded upon issuance of any amendment, including an amendment required to renew an expired permit or transfer an unrecorded permit to a new permit holder.

(C) Permit transfers.

(1) A purchasing landowner will assume the rights and obligations of a recorded permit without the necessity of an amendment transferring the permit. The District Commission may, however, by explicit permit condition make an exception to this rule upon a finding that the identity of a permit holder is a critical factor in the satisfaction of the terms and conditions of the permit.

(2) No transfer of an unrecorded development permit shall be effective unless authorized by the District Commission through an amendment to the permit; rights to an unrecorded subdivision permit may be conveyed or transferred, as authorized in the permit, however, persons acquiring such rights are required to comply with the permit.

(3) Notwithstanding the provisions of paragraphs (C)(1) and (2), above, all permits shall run with the land, and shall be enforceable against the permit holder and all successors in interest, whether or not the permit has been recorded in the land records.

Rule No.34 Permit Amendments: Substantial and Material Change

(A) Material change to a permitted development or subdivision. A permit amendment shall be required for any material change to a permitted development or subdivision, or administrative change in the terms and conditions of a land use permit. Commencement of construction on a material change to a permitted development or subdivision without a permit amendment is prohibited. Applications for amendments shall be on forms provided the board, and shall be filed with the District Commission having jurisdiction over the project. Upon request, the district coordinator will expeditiously review a proposed change and determine whether it would constitute a material change to the project, or whether it involves administrative changes that may be subject to simplified review procedures pursuant to 10 V.S.A. § 6025(b) (1). Continuing jurisdiction over all development and subdivision permits is vested in the District Commissions.

(B) Substantial change to a pre-existing development or subdivision. IA substantial change to a pre-existing development or subdivision shall be subject to a new application process including the notice and hearing provisions of 10 V.S.A. §§ 6083, 6083a, 6084 and 6085 and the related provisions of these rules.

(C) Minor Applications. The minor application process pursuant to Rule 51 may apply to any application to amend a permit or a new application filed pursuant to this rule.

(D) Administrative amendments to a permit.

(1) A District Commission may authorize a district coordinator to amend a permit without notice or hearing when an amendment is necessary for record-keeping purposes or to provide authorization for minor revisions to permitted projects raising no likelihood of impacts under the criteria of the Act. Applications processed under this section shall be exempt from the distribution, posting and publication requirements of 10 V.S.A. § 6084 and sections (E) through (G) of Rule 10 except that all parties of record and current adjoining landowners shall receive a copy of any administrative amendment. The chair of the District Commission may authorize a waiver of personal notice of the issuance of the administrative amendment to adjoining property owners by the District Commission provided that such waiver is based on a determination that the adjoining property owners subject to the waiver reasonably could not be affected by the proposed administrative amendment and that service to each and every property owner by the District Commission would constitute a significant administrative burden without corresponding benefit.

(2) In particular, administrative amendments may be authorized to transfer a previously unrecorded permit to a new landowner, to incorporate a revision in a certification of compliance, or approve minor changes to a permitted project when such revisions will not have any impact on the criteria of the Act or any finding, term, conclusion or condition of prior permits. Prior to the filing of an appeal to the environmental court pursuant to Chapter 220 of Title 10, any party, affected adjoining landowner, or prospective party shall file a motion to alter relating to any contested administrative amendment pursuant to Rule 31. Denial of a motion to alter an administrative amendment may be appealed to the court pursuant to Chapter 220 of Title 10.

(E) Balancing Flexibility and Finality of Permit Conditions: (Stowe Club Highlands Analysis)

(1) In reviewing any amendment application, the District Commission shall first determine whether the applicant proposes to amend a permit condition that was included to resolve an issue critical to the issuance of the permit. This determination shall be made on a case-by-case basis. A permit condition is included to resolve an issue critical to the issuance of the permit if the Project would not comply with one or more Act 250 criteria without the permit condition.

(a) If the applicant does not propose to amend a permit condition that was included to resolve an issue critical to the issuance of the permit, the District Commission's inquiry under this rule shall end, and it may consider the amendment application on its merits.

(b) An application which seeks to amend project plans, exhibits, representations by the applicant for the applicable permit, findings, or conclusions which have been incorporated into the permit through a specific or general condition, shall constitute an application to amend a permit condition.

(2) If the applicant proposes to amend a permit condition that was included to resolve an issue critical to the issuance of a permit, the District Commission shall apply the balancing test set forth in subsection (3) below. If the District Commission finds that the need for finality outweighs the need for flexibility, the District Commission shall dismiss the permit amendment application. If the District Commission finds that the need for flexibility outweighs the need for finality, it shall proceed to consider the amendment application on its merits.

(3) In balancing flexibility against finality, the District Commission shall consider the following, among other relevant factors:

(a) changes in facts, law or regulations beyond the permittee's control;

(b) changes in technology, construction, or operations which necessitate the amendment;

(c) other factors including innovative or alternative design which provide for a more efficient or effective means to mitigate the impact addressed by the permit condition;

(d) other important policy considerations, including the proposed amendment's furtherance of the goals and objectives of duly adopted municipal plans;

(e) manifest error on the part of the District Commission, the environmental board, or the environmental court in the issuance of the permit condition; and

(f) the degree of reliance on prior permit conditions or material representations of the applicant in prior proceeding(s) by any party, the District Commission, the environmental board, the environmental court, or any other person who has a particularized interest protected by 10 V.S.A. Ch. 151 that may be affected by the proposed amendment.

(g) whether the applicant is merely seeking to relitigate the permit condition or to undermine its purpose and intent.

Rule No.35 Renewal of Permits

(A) Renewal required. For any permit, or partial findings of fact and conclusions of law, which are scheduled to expire under Rule 32 or Rule 21 of these rules, renewal shall be required for any extension beyond the expiration date.

(B) Permit renewal applications. Applications for permit renewals shall be on forms provided by the board, and shall be filed with the District Commission having jurisdiction over the project. The District Commission will expeditiously review a proposed renewal and determine whether it would involve significant impacts under the criteria and upon the values sought to be preserved by the Act. Factors taken into consideration will include: whether the project has been constructed, operated, and maintained in conformance with the terms and conditions of the permit; whether the extension also involves other amendments to the project; whether the project involves continuing operations that are likely to have demonstrable impacts under the criteria of the Act beyond those considered during previous review of the project; and whether the project is one for which a strictly limited term of operation was anticipated in the original permit.

Rule No.37 Certification of Compliance

Any person holding a permit may at any time petition the District Commission issuing the permit for a certification of compliance with the terms and conditions that may be imposed by the permit. Under usual circumstances, a person may petition for a certification upon completion of the construction of a development or division of land that completion or division has been accomplished in compliance with the permit. Thereafter, if the permit establishes terms and conditions regarding operation and/or maintenance of a development or subdivision, the person holding the permit may from time to time petition the District Commission for certification of compliance. A certification shall be a matter of public record and shall estop any claim that the construction of a development or division of land or the operation and/or maintenance thereof do not comply with the provisions of the permit unless fraud or misrepresentation is shown. The notice and hearing requirements of the act shall be complied with when a petition for certificate of compliance is filed with the District Commission.

Rule No.38 Abandonment of Permits

(A) Involuntary. A permit shall be considered to have been abandoned, unless construction has commenced and substantial progress toward completion has occurred within the three year period following the date of issuance, unless construction is delayed by litigation or proceedings to secure other permits or to secure title through foreclosure. In the initial proceeding or in subsequent proceedings on an application, the District Commission may provide for a period longer than three years. See, 10 V.S.A. § 6091(b).

(B) Voluntary. A permittee may voluntarily abandon a permit for a project at any time prior to the commencement of construction on the project. A permit cannot be abandoned once commencement of construction has occurred.

(C) Initiation of proceeding. A petition to declare a permit abandoned may be filed by the permittee, by any person who was a party to the application proceedings, or by any person entitled to party status under 10 V.S.A. § 6085(c). The District Commission having jurisdiction over a permit may also, on its own motion, initiate an abandonment proceeding.

(D) Procedure. Abandonment determinations will be made by the District Commission retaining jurisdiction over the permit. The proceeding will be treated as a contested case. Petitions shall be heard and disposed of promptly. The District Commission shall provide at least 20 days' notice of the proceeding to the permit holder, to all persons who were parties to the permit proceedings, and to the governmental statutory parties listed in Rule 14. If the permittee does not request the right to be heard, the District Commission may declare the permit void without a hearing.

(E) Effect of abandonment. The abandonment of a permit or permit amendment shall lift Act 250 jurisdiction that attached to any land as a result of such permit. Act 250 jurisdiction that exists on such land by virtue of another permit is not lifted because of such abandonment.

(F) Recording. In the case of an action for voluntary abandonment under subsection (B) if this rule or an action for involuntary abandonment under subsection (C) if this rule, the person who initiated the action shall file any decision which results in the abandonment of a permit in the land records in accordance with Rule 33 of these Rules.

Rule No.40 Filing of Stipulations and Court Orders

A permittee shall file with the District Commission any stipulation, administrative decision or court order resulting from the appellate review. The District Commission shall incorporate, through an administrative amendment, any such court document disposing of the issues on appeal relating to the criteria of Act 250 or the underlying District Commission decision. There shall be no cost associated with the issuance of the administrative amendment but the permittee shall be responsible for municipal recording costs.

Rule No.42 Stay of Decisions

(A) Filing of Stay Petition: District Commission. Prior to the filing of a motion to alter or an appeal of a District Commission decision, any aggrieved party may file a petition for a preliminary, interim or permanent stay of a District Commission decision pursuant to 10 V.S.A. § 6086(f). Following any appeal of the District Commission decision, such jurisdiction for granting or continuing a stay transfers to the environmental court. Any such petition filed with the District Commission must be filed with the court following the appeal. Any stay request submitted to the District Commission must include a written motion identifying the order or portion thereof for which a stay is sought and state in detail the grounds for the request. The chair of the District Commission may act on behalf of the District Commission in issuing a preliminary stay which shall be effective for a period not to exceed 30 days. Any preliminary stay shall be reviewed by the District Commission, as appropriate, within that 30 day period. A party may file a motion to dissolve a preliminary stay within 10 days of its issuance.

(B) Seven (7) Day Automatic Stay of District Commission Decision. Upon the filing of a petition for a stay with a District Commission, along with a certificate of service certifying the date that a copy of the stay petition was served on the permittee and a declaration of intent to file a motion to alter with the District Commission or appeal the permit to environmental court, the decision of the District Commission is automatically stayed for a period of seven (7) days. The first day of the automatic seven (7) day stay is the day of service to the permittee, that being the day the permittee or permittee's agent receives the petition for stay. Following the receipt of a request for stay, associated certificate of service, and declaration of intent to file a motion to alter or appeal, the District Commission shall send notice of such petition to all parties to the proceeding. The automatic seven (7) day stay shall not extend beyond the 30-day appeal period unless a valid appeal has been filed with the environmental court. The automatic seven (7) day stay petition may only be filed once during the 30-day appeal period. A District Commission shall not stay construction authorized by a permit processed under the board's minor application procedures.

(C) Merit Review and Terms of interim or Permanent Stay Petition as Determined by the District Commission. In deciding whether to grant or deny an interim or permanent stay beyond the automatic seven (7) day stay, the District Commission shall consider the hardship to the parties, the impact, if any, on the values sought to be protected by Act 250, and any effect upon public health, safety or general welfare. The District Commission may issue an interim or permanent stay containing such terms and conditions, including the filing of a bond or other security, as it deems just.

Rule No.51 Minor Application Procedures

(A) Qualified projects. Any development or subdivision subject to the permit requirements of 10 V.S.A. § 6081 and these rules may be reviewed in accordance with this rule as a "minor application" if the District Commission determines that there is demonstrable likelihood that the project will not present significant adverse impact under any of the 10 criteria of 10 V.S.A. § 6086(a). In making this determination, the District Commission may consider:

(1) the extent to which potential parties and the District Commission have identified issues cognizable under the 10 Criteria;

(2) whether or not other State permits identified in Rule 19 are required and, if so, whether those permits have been obtained or will be obtained in a reasonable period of time;

(3) the extent to which the project has been reviewed by a municipality pursuant to a by-law authorized by 24 V.S.A. Chapter 117;

(4) the extent to which the District Commission is able to draft proposed permit conditions addressing potential areas of concern; and

(5) the thoroughness with which the application has addressed each of the 10 criteria.

(B) Preliminary procedures. The District Commission shall review each application to determine whether the project qualifies for treatment under this Rule. If the project is found to qualify under section (A), the District Commission shall:

(1) prepare a proposed permit including appropriate conditions; and

(2) provide written notice and a copy of the proposed permit to those entitled to written notice under 10 V.S.A. § 6084; and

(3) provide published notice as required by 10 V.S.A. § 6084; the notice shall state that:

(a) the District Commission intends to issue a permit without convening a public hearing unless a request for hearing is received by a date specified in the notice which is not less than seven days from the date of publication; and

(b) the preparation of findings of fact and conclusions of law by the District Commission may be waived; and

(c) any person as defined in 10 V.S.A. § 6085(c)(1) may request a hearing; and

(d) any hearing request shall state the criteria or subcriteria at issue, why a hearing is required and what evidence will be presented at the hearing; and

(e) any hearing request by a person eligible for party status pursuant to 10 V.S.A. § 6085(c) (1)(E) must include a petition for party status under these rules.

(C) No hearing requested. If no hearing is requested by a party by right or a person eligible for party status pursuant to 10 V.S.A. § 6085(c)(1), the proposed permit may be issued with any necessary modifications unless the District Commission determines to schedule a hearing, on its own motion. The District Commission may delegate the authority to sign minor permits which have been approved by the District Commission to the district coordinator or the assistant district coordinator;

(D) Hearing requested. Upon receipt of a request for a hearing, the District Commission shall determine whether or not substantive issues have been raised under the criteria and shall convene a hearing if it determines that substantive issues have been raised. If the District Commission determines that substantive issues have not been raised, the District Commission may proceed to issue a decision without convening a hearing. If a hearing is convened, it shall be limited to those criteria or sub-criteria identified by those afforded party status pursuant to 10 V.S.A. § 6085(c)(1), or by the District Commission unless the District Commission, at its discretion, determines before or during the hearing, that additional criteria or subcriteria should be addressed.

(E) Party status petitions. The District Commission shall rule on all party status petitions prior to or at the outset of the hearing.

(F) Findings of Fact. The District Commission need only prepare findings of fact and conclusions of law on those criteria or sub-criteria at issue during the hearing. However, findings of fact and conclusions of law may be issued with a decision to address issues identified and resolved during the minor application process, even if no hearing is held.

(G) Material representations. Upon issuance of a land use permit under minor application procedures, the permit application and material representations relied on during the review and issuance of a District Commission decision shall provide the basis for determining future material changes to the approved project and for initiating enforcement actions.

Rule No.60 Qualified Purchasers of Lots in a Subdivision Created without the Benefit of a Land Use Permit as Required by 10 V.S.A. Chapter 151

(A) Purpose. The purpose of this rule is to create a procedure for providing relief to the qualified purchaser of a lot or lots within a subdivision created without a Land Use Permit required by 10 V.S.A. Chapter 151. This rule provides for a modified application and review procedure by which a qualified purchaser, or a group of qualified purchasers, of one or more lots in a subdivision created without the required Act 250 review may apply for and shall obtain a Land Use Permit. A lot or lots eligible for review under this procedure must have been sold and conveyed to the qualified purchaser or purchasers prior to January 1, 1991 without the required Land Use Permit.

(B) Requirements. The requirements under 10 V.S.A. Chapter 151 may be modified to the minimum extent necessary to issue permits to qualified purchasers seeking relief. A complete application addressing all ten criteria of 10 V.S.A. § 6086(a) shall be filed by the qualified purchaser or purchasers seeking relief. Affidavits may be used to establish compliance for existing septic systems, water supplies, and other improvements, as determined by the District Commission. As in other Act 250 proceedings, the District Commissions may place certain conditions and restrictions in the Land Use Permits to ensure that the values sought to be protected under Act 250 will not be adversely affected. Permit decisions will be based upon consideration of the requirements of the criteria of 10 V.S.A. § 6086(a)(1) through (10), as well as existing improvements, facts, and circumstances of each case.

In order to provide for an efficient review process and to reduce the expense for applicants, the District Commissions may require the consolidation of individual applications from any given subdivision. At least two weeks prior to the processing of an application under this rule, the district coordinator shall send notice to all potential applicants in the subdivision with a response period of not less than two weeks. The notice shall include the names and addresses of all lot owners within the subdivision. The lot owner(s) initiating the request shall provide a list of all other lot owners in the subdivision. Lot owners who are not qualified purchasers may join the application but they will not receive the benefit of modified standards under the criteria and will not be entitled by right to a permit under 10 V.S.A. § 6025(c).

(C) Jurisdictional Opinion. Prior to submission of an application, a qualified purchaser must obtain a jurisdictional opinion from the appropriate district coordinator in order to determine if the subdivided lot in question is subject to Act 250 jurisdiction. The potential applicant must provide the district coordinator with all relevant information including signed affidavits on forms prepared by the board. If the opinion concludes that Act 250 jurisdiction does exist and one or more qualified purchasers have been identified, pre-application assistance will then be provided by the district coordinator.

(D) Eligibility Requirements For Applicants. The purchaser must demonstrate eligibility for relief under 10 V.S.A. § 6025(c). A purchaser eligible for relief under this rule must have purchased the lot or lots and the deed or deeds must have been conveyed prior to January 1, 1991; must not have been involved in any way with the creation of the lot or lots; must not be a person who owned or controlled the land when it was divided or partitioned; and did not know or could not reasonably have known at the time of purchase that the transfer was subject to a permit requirement that had not been met. In making the determination whether the purchaser had knowledge of the illegality of the subdivision, the district coordinator will take into consideration any advisory opinions, declaratory rulings, or judicial determinations which conclude that the purchaser sold or offered for sale any interest in, or commenced construction on, any subdivision in the state without a required Land Use Permit. The District Commissions may decide the jurisdictional and purchaser eligibility questions if properly raised during a public hearing on an application under this rule.

(E) Application Procedure.

(1) For the sake of expedient review and an equitable sharing of costs associated with preparing application materials, all purchasers seeking relief within a subdivision may be required to become co-applicants by the District Commission.

(2) Pre-application assistance from the district coordinator will be available to all purchasers prior to the filing of an Act 250 application. The application must be submitted on forms supplied by the board and in accordance with Board Rule 10 except as modified herein.

(3) The district coordinator will review the application for completeness within five working days of receipt of the application. The applicant will be notified if there are deficiencies that need to be corrected. Once the application has been accepted by the district coordinator, procedural requirements for notice and hearings will be followed as set forth in 10 V.S.A. Chapter 151 and these rules.

Rule No.70 Utility Line Jurisdiction, Installations and Applications

(A) Electrical lines, natural gas distribution lines, communication lines, and related facilities, directly associated and ancillary to those lines, means any wire, conduit, and physical structure or equipment, whether above, below, or on ground, used for the purpose of transmitting, distributing, storing, or consuming of electricity, natural gas, or communications, but shall not include:

(1) a line or facility that requires a certificate of public good pursuant to 30 V.S.A. § 248; or,

(2) a broadcast or communication support structure and any improvements ancillary to the support structure subject to the jurisdiction of Act 250 pursuant to 10 V.S.A. § 6001c or 10 V.S.A. § 6001(26).

(B) Utility Line Jurisdiction. Utility line jurisdiction include the construction of improvements for electrical distribution, natural gas distribution, or communication lines and related facilities, directly associated and ancillary to those lines, that are located on rights-of-way, or easements, of more than one acre of land owned or controlled by a person or persons in a municipality without both permanent zoning and subdivisions bylaws. The phrase construction of improvements@ shall include construction, relocation, extension, and reconstruction. Reconstruction does not mean repair or replacement of component parts, in the usual course of business, with equivalent component parts. In a municipality with both permanent zoning and subdivision bylaws, this jurisdiction will apply if the rights-of-ways or easements involve more than ten acres of land. For the construction of improvements by a municipally-owned utility, regardless of the existence of zoning or subdivision bylaws in the area where improvements will be constructed, this jurisdiction will apply only if the rights-of-ways or easements involve more than ten acres of land.

(1) Acreage shall be calculated by aggregating the total area of all sections of new corridor, including all sections of existing corridor to be substantially changed, which area shall be calculated by multiplying the length of each section by the width of the associated right(s) of way in that section. For the purpose of calculating project acreage, right-of-way width shall be: twenty (20) feet for electrical distribution lines or projects involving both electrical and communication lines, ten (10) feet for natural gas distribution lines, ten (10) feet for lines to be used exclusively for communications, or the maximum width of the area to be physically altered, whichever is greater. Jurisdiction will apply if a project exceeds the acreage thresholds set forth above.

(a) New corridor shall include (i) a corridor for which construction of improvements is proposed outside of any existing corridor, and (ii) an existing corridor, if improvements to be constructed or reconstructed will constitute a substantial change.

(b) Existing corridor shall mean a right-of-way cleared and in use for electrical distribution, communication lines, natural gas distribution lines and related facilities.

(c) Substantial change shall be as defined in Rule 2 of these rules and shall include, but not be limited to, the addition above the ground of more than ten feet in height to a pole, including the length of any apparatus attached to the pole to the extent such apparatus extends vertically above the pole.

(d) Lines, facilities or portions thereof to be constructed underground shall not be used for acreage calculation, provided that: the underground line or facility is to be reseeded or reforested; no portion of the underground line is located above the elevation of 2,500 feet; and no portion of the underground line or facility is located in a rare or irreplaceable natural area, or land which is or contains a natural resource referred to in 10 V.S.A. § 6086(a)(1)(E) (streams), (1)(F) (shorelines), (1)(G) (Class One or Class Two wetlands), (8)(A) (necessary wildlife habitat or endangered species), or (9)(B) (primary agricultural soils). In addition, a line or facility or portion thereof to be constructed underground in a scenic area shall be used for acreage calculation to the extent that such line or facility will be located on land not already cleared prior to commencement of construction of the line or facility. For purposes of this subparagraph, scenic area means an area formally designated as scenic by the State of Vermont or the applicable regional or municipal plan.

(e) In the event that a project is, or is to be, completed in stages, all new corridor and all existing corridor to be substantially changed that is involved in the entire project shall be included for the purpose of determining jurisdiction. As used in Rule 70, the term project shall mean adjacent lines, facilities, or portions thereof to be constructed in accordance with a plan to achieve one or more objectives identified or reasonably identifiable by the utility at the time construction is commenced. Other construction, not identified or reasonably identifiable at the time the project is commenced, shall not be considered part of such project.

(f) If acreage thresholds are reached, jurisdiction shall apply to all sections of the new corridor or existing corridor to be substantially changed including those sections to be built underground, regardless of whether those underground sections were used for acreage calculation.

(2) Exemptions from this jurisdiction shall include the following:

(a) an electric distribution, communication line, natural gas distribution line or related facility within a development or subdivision having obtained a permit from a District Environmental Commission or the former environmental board, provided that such line or related facility was included in the application for such permit; or,

(b) any emergency situation requiring immediate action, in order to protect the health or safety of the public. Utility companies may take whatever action, without notice, hearing or a permit, necessary and appropriate to meet such an emergency on a temporary basis. Upon cessation of such emergency, the work performed to meet the emergency shall be evaluated in accordance with the provisions of this rule and, if such work requires a land use permit, the utility shall apply for such permit as soon as reasonably possible.

(3) All utilities undertaking the construction of improvements for electrical distribution, communication lines, natural gas distribution line or related facilities which improvements are considered to be in an existing corridor, or to be exempt under subdivision Rule 70, shall notify the District Environmental Commission in which district the project predominates and provide sufficient information so that a jurisdictional opinion may be rendered if deemed necessary by the district coordinator. However, notification shall be required only if the construction considered to be in an existing corridor or to be exempt under subdivision Rule 70 exceeds the applicable acreage threshold. Prior notification of projects considered exempt under subdivision Rule 70 shall not be required; however, the notification required by this rule shall be made upon cessation of the emergency.

(4) Electric distribution, communication, or natural gas distribution projects, which as of the effective date of this rule are subject to a land use permit or have been finally determined subject to 10 V.S.A. Chapter 151(Act 250), shall remain subject to jurisdiction regardless of the provisions of this rule.

(C) Installations.

(1) Underground installation should be installed whenever feasible.

(2) All utility companies should contact each other prior to underground installation in order to coordinate efforts.

(3) Installation shall be such as to not have an undue adverse effect on the scenic and aesthetic qualities and character of the area. In the District Commission's analysis of 10 V.S.A. § 6086(a)(8) (aesthetics), due consideration shall be given to making the line or facility inconspicuous; screening it from view; lines of sight from public highways, and residential and recreational areas; height, number, color, type, and material of poles, wires, cable, and other apparatus; width and degree of clearance of natural growth and cover; encroachment on open spaces, historic sites, rare and irreplaceable natural areas, and conspicuous natural outcropping on hillsides and ridgelines of exposed natural features of the countryside.

(D) Permit applications. An application for a permit to construct, relocate, reconstruct, or extend any electrical distribution or communication line or related facility shall contain the following information and documents and shall be submitted to the District Environmental Commission in which the greatest number of miles of the line or facility are located. The utility or utilities proposing to construct or use such line, facility or facilities shall be identified in the application.

(1) General location: approximate location on a 20 foot contour U.S.G.S. map, or other map, drawn to scale, including or accompanied by information (including contour data) adequately depicting the location of the line or facility.

(2) Plan showing:

(a) pole, transformer, and substation locations, if applicable. Proof of inability to comply shall be furnished in the permit application and the approximate locations of poles, transformers, and substations shall be provided in areas where property access is not available.

(b) approximate highway rights-of-way related to the lines or to the community the line is to serve.

(c) all lot lines intersecting the existing or proposed rights-of-way and names of property owners.

(3) Specifications:

(a) elevation drawings of any building to be constructed as part of the electrical distribution or communication line or related facility and its relation to existing human-made and natural objects on the site and along the periphery of contiguous properties within 500 feet. In urban areas with a population in excess of 2,500, a general profile of the buildings may replace the requirement for elevation drawings.

(b) a drawing of a typical supporting structure to be used.

(c) a list of specifications, including voltage, pole sizes, cross-arms, wire size, guys.

(d) a list of specifications for the major, visible components and exterior materials and color of any buildings.

(e) specifications for any ground cover to be seeded, refoliated, planted or sown and maintained.

(4) New corridor: for projects involving the construction in, or relocation of a line or facility to, new corridor as defined in Rule 70, an explanation of why existing corridor cannot or should not be used.

(5) Description: a description of the area adjacent to the line or facility, including the type and size of existing buildings and the height and extent of forest cover and open space, and what measures, if any, have been or will be taken to minimize cutting and trimming of forest canopy.

(E) Care of right-of-way. Right-of-way improvements shall be specified in the application and shall clearly not have an undue adverse effect on the ecology and aesthetics of the area, and should include vegetation control techniques to avoid unreasonable soil erosion or water pollution. All herbicide applications shall be in strict conformance with the regulatory and licensing requirements of the commissioner of agriculture or as provided by statute.

(F) Involved Land. For the purposes of electrical distribution, communication lines, or natural gas distribution lines and related facilities, only the acreage identified and calculated as set forth in Rule 70 shall be considered involved land.

Rule No.71 Jurisdiction over Trails

(A) When jurisdiction over a trail has been established pursuant to 10 V.S.A. § 6001 ((3)(A), such jurisdiction shall extend only to the trail corridor and to any area directly or indirectly impacted by the construction, operation or maintenance of the trail corridor. The width of the corridor shall be ten feet unless the Commission determines that circumstances warrant a wider or narrower corridor width.

(B) Except in the case of construction on state lands which are subject to an independent review of environmental impacts by a state agency, or construction of a trail which is recognized as a trail within the Vermont Trails System pursuant to 10 V.S.A. Ch. 20, when the construction of improvements for a trail is proposed for a project on both private and public land and for both a private and governmental purposes and the portion of the project on private land reaches the threshold for jurisdiction under 10 V.S.A. § 6001(3)(A)(i) or (ii), as applicable, then the portion of the project on public land shall also be subject to jurisdiction under 10 V.S.A. Ch. 151, even if jurisdiction would not otherwise apply under 10 V.S.A. § 6001(3)(A)(v) or Rule 2 of these Rules.

History

• EFFECTIVE DATE:
• May 1, 2006 Secretary of State Rule Log #06-011
• AMENDED:
• April 2007 [renumbered from 12 001 002]; October 3, 2007 Secretary of State Rule Log #07-041; July 10, 2009 Secretary of State Rule Log #09-022; October 1, 2013 Secretary of State Rule Log #13-030; December 4, 2015 Secretary of State Rule Log #15-051; May 2, 2016 [3(B) (iv) and 3(C) repealed due to Act 150, 2016, § 33 ]

Chapter 061 RULES DETERMINING MEAN WATER LEVELS

12-061 Code Vt. R. 12-004-061-X RULES DETERMINING MEAN WATER LEVELS

As amended, effective December 30, 2011

"Mean water level" for purposes of 29 V.S.A. § 401 and "normal mean water level" for purposes of 10 V.S.A. § 1422(8) shall be referenced to National Geodetic Vertical Datum of 1929 (NGVD 29), and shall be determined according to the following rules:

Rule No.1

For Lake Champlain, the mean water level shall be 955 feet NGVD 29.

Rule No.2

For those lakes and ponds that have an artificial structure which controls the flow of water at the outlet, the mean water level shall be the elevation of the spillway plus the mean depth of flowage over the spillway as measured during the period June 1 to September 15 or, if water does not consistently flow over the spillway, the mean water level that has customarily maintained during said period.

Rule No.3

For those lakes and ponds that have natural outlets, exclusive of Lake Champlain, the mean water level shall be the elevation of the low point in the natural control section plus the mean depth of flowage over it as measured during the period June 1 to September 15.

Rule No.4

Rules 2 and 3 above do not apply to lakes and ponds for which the former Water Resources Board or Water Resources Panel has promulgated rules or may in the future promulgate rules pursuant to 10 VSA § 6025d 1 For such lakes and ponds the mean water level shall be the highest of any such levels established by the Board or Panel to be maintained during the period June 1 to September 15.

Rule No.5

The Department of Environmental Conservation shall collect water level data on lakes and ponds and shall determine mean water levels pursuant to these rules, based on that data, hydrologic or hydraulic analyses, watermarks, or similar data or methods.

History

• STATUTORY AUTHORITY: 10 V.S.A. § 6025; 29 V.S.A. § 401
• EFFECTIVE DATE: November 15, 1972
• AMENDED: December 30, 2011 Secretary of State Rule Log #11-052

Chapter 062 ENVIRONMENTAL CITATIONS RULE (CHAPTERS 151 AND 201)

12-062 Code Vt. R. 12-004-062-X ENVIRONMENTAL CITATIONS RULE (CHAPTERS 151 AND 201)

Rule No.1 Authority

This Rule is adopted pursuant to 10 V.S.A. § 8019.

Rule No.2 Purpose

This Rule addresses the issuance of citations to resolve environmental violations of the statute, rules and permits under the jurisdiction of the Natural Resources Board and establishes the minimum, maximum, and waiver penalty amounts for each violation.

Rule No.3 Applicability

This Rule applies to citations issued under the authority of the Natural Resources Board pursuant to 10 V.S.A. § 8019 for violations of 10 V.S.A. Ch. 151, violations of the Act 250 Rules promulgated pursuant to 10 V.S.A. § 6025(b), and violations of Land Use Permits issued pursuant to 10 V.S.A. § 6086(a) by the district commissions established by 10 V.S.A. § 6026.

Table A applies only to citations issued pursuant to 10 V.S.A. § 8019 and is not applicable to calculations for any other penalty.

Rule No.4 Definitions

(a) The definitions in 10 V.S.A. § 8002 shall apply to this Rule, unless specifically otherwise defined herein.

(b) As used in this Rule:

(1) "Citation" means a civil citation issued pursuant to 10 V.S.A. § 8019.

(2) "Continuing violation" means a violation that continues from one calendar day into the following calendar day or days.

(3) "Respondent" means a person who has been issued a citation.

(4) "Violation" means noncompliance with 10 V.S.A. Ch. 151, the Act 250 Rules adopted pursuant to 10 V.S.A. § 6025(b), or a Land Use Permit issued pursuant to 10 V.S.A. Ch. 151; or an assurance of discontinuance, administrative or judicial order, or citation relating to Act 250.

(5) "De minimis violation" means a violation that causes little to no actual or potential harm to the public health, safety or welfare or to the environment and which constitutes only a small deviation from the requirements of a statute, rule, permit,.

(6) "Waiver penalty" means the penalty paid by a respondent who voluntarily waives the right to contest a citation.

(7) "Act 250" means 10 V.S.A. Ch. 151.

Rule No.5 Administration

(a) The Board shall implement and operate the citation issuance program established by this Rule.

(b) The Board may delegate the authority, or the implementation, or operation of any provision of this Rule.

(c) The Board may enter into a memorandum of understanding with the Secretary of the Agency of Natural Resources to coordinate the operation and implementation of this Rule.

(d) The Board shall determine the persons authorized to issue citations pursuant to this Rule. Pursuant to 10 V.S.A. § 8019 the Board Chair and his or her duly authorized representative shall have the authority to amend or dismiss a complaint by so marking the complaint and returning it to the environmental division or by notifying the hearing officer or judge at the hearing.

Rule No.6 Form of Citations

Citations issued under this Rule shall be in the form approved by the court administrator.

Rule No.7 Service of Citations

Citations may be served in accordance with Rule 4 of the Vermont Rules of Civil Procedure, or by any person authorized by the Board, or by first-class mail.

Rule No.8 Violations and Penalties

(a) Table A of this Rule establishes a schedule of violations for which a citation may be issued and the minimum and full/maximum penalties for each such violation.

(b) A penalty for a single violation shall not be less than the minimum amount established by Table A of this Rule for each respondent, exclusive of court fees.

(c) A penalty for a single violation shall not exceed $ 3000 for each respondent, exclusive of court fees.

(d) A respondent who voluntarily waives the right to contest a citation shall be subject to the waiver penalty.

(e) The amount of a waiver penalty shall be seventy-five (75%) percent of the penalty imposed by the citation.

(f) The payment of a waiver penalty constitutes a violation for purposes of determining a respondent's record of compliance under 10 V.S.A. § 8010(b)(4).

(g) A separate citation may be issued for each calendar day that a violation continues.

(h) When evaluating a respondent's record of compliance in order to calculate a penalty for a present violation under this Rule, only violations that have

(i) occurred within the thirty-six month period immediately preceding the date of the said present violation; and

(ii) been formally adjudicated or resolved in an administrative or civil enforcement action under 10 V.S.A. Chapter 201 or 211 may be considered.

(i) More than one respondent may be issued a citation for the same violation.

(j) In determining the amount of a penalty to be assessed in a citation, the Board shall consider the factors set out in 10 V.S.A. § 8010.

Rule No.9 Appeal/Request for Hearing; Default Judgment

(a) Any respondent may request a hearing before the Superior Court, Environmental Division pursuant to 10 V.S.A. § 8012.

(b) Any respondent who fails:

(i) to pay a waiver penalty or

(ii) to file a timely request for a hearing before Environmental Division, shall be liable for the amount of the penalty imposed by the citation.

Rule No.10 Severability

Any provision of any section of this Rule is severable. If any provision of this Rule or any application of this Rule to any person or circumstance is found invalid by a court, such finding shall not affect any other provision or application that can be otherwise given effect.

Table A. Citations.

| VIOLATION | MINIMUM PENALTY | FULL/ MAXIMUM PENALTY | | --- | --- | --- | | Failure to file a report or documentation as directed | 150 | $ 1,000 | | Failure to file post-construction certification and/or fee | 300 | $ 1,500 | | Failure to establish and/or maintain escrow account or other fund as directed | 450 | $ 2,000 | | Failure to complete project by construction completion date | 300 | $ 1,500 | | Extraction of earth resources beyond date permitted | 450 | $ 2,000 | | Extraction of earth resources in excess of quantity permitted: less than 400 cubic yards | 450 | $ 2,000 | | Extraction of earth resources in excess of quantity permitted: 400 cubic yards or more | 750 | $ 3,000 | | Failure to reclaim site as directed | 750 | $ 3,000 | | Failure to complete landscaping as directed | 450 | $ 2,000 | | Failure to maintain vegetative buffer as directed | 450 | $ 2,000 | | Failure to implement and/or maintain erosion control measures as directed | 750 | $ 3,000 | | Failure to maintain lighting as directed | 450 | $ 2,000 | | Failure to abide by approved hours of operation | 450 | $ 2,000 | | Erection or maintenance of unpermitted sign or banner | 300 | $ 1,500 | | Violation of permitted noise restrictions | 300 | $ 1,500 | | De minimis violation of Act 250, an Act 250 rule or an Act 250 Land Use Permit | 300 | $ 1,500 | | Minor violation of Act 250, an Act 250 rule or an Act 250 Land Use Permit | 450 | $ 2,000 | | More than a minor violation of Act 250, an Act 250 rule, or an Act 250 Land Use Permit | 750 | $ 3,000 | | De minimis violation of an Assurance of Discontinuance, Administrative or Judicial Order, or Citation, relating to a violation of Act 250, an Act 250 rule, or an Act 250 Land Use Permit | 750 | $ 3,000 |

History

• STATUTORY AUTHORITY: 10 V.S.A. § 8019
• EFFECTIVE DATE: October 1, 2013 Secretary of State Rule Log #13-031

Subagency 010 DEPARTMENT OF FISH AND WILDLIFE

Chapter 064 SUSPENSION OF LICENSES: ENFORCEMENT OF CHILD SUPPORT ORDERS

12-064 Code Vt. R. 12-010-064-X SUSPENSION OF LICENSES: ENFORCEMENT OF CHILD SUPPORT ORDERS

1. For the purposes of this rule the term "license" shall include any and all licenses and permits issued by the Vermont Fish & Wildlife Department.

2. Upon receipt of a license suspension order issued by the court pursuant to 15 VSA Section 798, a suspension notice shall be issued to the license holder. The license holder shall have 15 days to contest the suspension based on the grounds of mistaken identity or compliance with the support order. If the suspension is not contested, the suspension will be effective on the 16th day as provided in the notice and the license shall be forwarded to the Law Enforcement Division of the Fish & Wildlife Department, 103 South Main Street, Waterbury, VT.

3. All notices of compliance with a child support order shall be upon a standard compliance form, as devised and approved by the court, Office of Child Support, and this Department.

4. If the motion for the court order was brought by the Office of Child Support, then notice of compliance shall only be accepted from the Office of Child Support or the court.

5. If the motion for the court order was brought by the custodial parent, then notice of compliance shall be accepted from the custodial parent, custodial parent's attorney, or the court.

6. If the notice of compliance was dated before the effective date of the suspension, the suspension shall be canceled.

7. Upon notice of reinstatement from the court, the Department shall reissue the suspended license and notify the individual of such within five (5) working days of the receipt of the notice. The Department shall charge a reinstatement fee equal to the cost of the original license.

8. Department personnel shall direct all inquires from persons seeking reinstatement to the court or the Office of Child Support, if Office of Child Support was the entity which brought the motion for suspension before this court.

History

• Effective Date: December 19, 1998 (Secretary of State Rule Log #98-77)
• Statutory Authority: 15 V.S.A. §§ 795 and 798(d)

Chapter 065 LATE SNOW GOOSE SEASON FEBRUARY 24 - MARCH 10, 2003

12-065 Code Vt. R. 12-010-065-X LATE SNOW GOOSE SEASON FEBRUARY 24 - MARCH 10, 2003

1. Vermont Fish and Wildlife Board Rule # 1025, effective February 15, 2002, is repealed.

| 2002 Late Snow Goose Season (Winter 2002-2003) | | | | | --- | --- | --- | --- | | Species | Lake Champlain Zone | Interior Vermont | Connecticut River | | Zone | Zone | | | | Snow Geese | February 24, 2003 - | February 24, 2003 | | | - | | | | | (includes blue | March 10, 2003 | March, 10, 2003 | | | geese) | | | |

The daily limit for snow geese, to include blue geese, is 15. There is no possession limit.

4. This rule effective upon filing the adopted rule with the Secretary of State's Office.10 V.S.A. C. 103 §§ 4081, 4082, 4084

History

• EFFECTIVE DATE: January 2, 1999 Secretary of State Rule Log # 98-80
• AMENDED: January 20, 2000 Secretary of State Rule Log # 00-04
• February 10, 2001 Secretary of State Rule Log # 01-04
• February 19, 2002 Secretary of State Rule Log # 02-07
• February 12, 2003 Secretary of State Rule Log # 03-03

Chapter 068 TAKING OF TURKEYS DOING DAMAGE

12-068 Code Vt. R. 12-010-068-X TAKING OF TURKEYS DOING DAMAGE

(A) A landowner, or the landowner's authorized agent, with prior approval from a Game Warden, may take, on land owned or occupied by the landowner and not posted except as provided in section 4710 of this title, a turkey which the landowner can prove, has repeatedly, or may continue to substantially damage the following:

(1) a crop bearing plant; or

(2) a crop, except grass; or

(3) a crop which has been harvested and stored

(B) A landowner may designate one individual who holds a resident Vermont hunting license as an agent to take a turkey doing damage, pursuant to subsection (A) of this section, on the landowner's behalf. A landowner may not offer or accept any form of payment to or from a person designated as an agent under this subsection except as allowed in subsection (E) of this section.

(C) The landowner shall immediately report the wounding or killing of a turkey under this section to a Game Warden. Within 12 hours of said wounding or killing of a turkey under this section, the landowner or person who performed the act shall submit a written, signed report relating the date, time, place and reason for the wounding or killing to a Game Warden.

(D) A person who kills the turkey shall immediately properly dress the carcass and care for the meat.

(E) The Game Warden shall immediately investigate the case and if satisfied that the turkey was taken as provided in this section, the Warden shall give the landowner a certificate of his or her finding in the matter. The certificate shall entitle the landowner to the ownership of the carcass. The landowner may not sell or give away the carcass except to offer all or a portion of it to the agent designated under subsection (B) of this section as compensation for killing the turkey. Any carcass not desired for home consumption in the household of the certificate holder or designated agent shall be turned over to a Game Warden.

History

• Effective Date: September 7, 2002 (Secretary of State Rule Log # 02-32)
• Statutory Authority: 10 V.S.A. §§ 4081, 4082, 4084

Chapter 069 RULE GOVERNING THE IMPORTATION AND POSSESSION OF DEER OR ELK CARCASSES FROM CHRONIC WASTING DISEASE ENDEMIC AREAS, AFFECTED AREAS AND OUT-OF-STATE CAPTIVE HUNT OR FARM FACILITIES

12-069 Code Vt. R. 12-010-069-X RULE GOVERNING THE IMPORTATION AND POSSESSION OF DEER OR ELK CARCASSES FROM CHRONIC WASTING DISEASE ENDEMIC AREAS, AFFECTED AREAS AND OUT-OF-STATE CAPTIVE HUNT OR FARM FACILITIES

Section 1.0 Authority

This rule is promulgated pursuant to 10 V.S.A. § 4081. In promulgating this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the regulated species and other necessary or desirable species which are related to the regulated species.

This rule applies to importation and possession of deer or elk carcasses or the parts thereof, from chronic wasting disease endemic and affected areas, and out-of-state captive hunt and farm facilities.

This rule shall apply to all persons who import, possess, transport, use, or deal with deer or elk carcasses, or parts thereof, from chronic wasting disease endemic affected areas and out-of-state captive and farm facilities.

Section 2.0 Purpose

The purpose of this rule is to:

a) ensure the conservation of the wildlife in the state, and

b) maintain the best health of native cerdivae of the state, and

c) prevent the introduction or spread of a disease that is potentially harmful to humans and wild species.

Section 3.0 Permitted Activities and Restrictions

The importation or possession of deer or elk carcasses, or the parts thereof, from chronic wasting disease endemic areas, affected areas and out-of-state captive hunt and farm facilities is prohibited except as provided below:

a) Meat that is cut up and packaged, and not mixed with other deer or elk during processing.

b) Meat that is boneless.

c) Hides or cape with no part of the head attached.

d) Clean skull-cap with antlers attached.

e) Antlers with no other meat or tissue attached.

f) Finished taxidermy heads.

g) Upper canine teeth with no tissue attached.

h) The Commissioner may issue a letter authorizing the importation of cervid tissue specimens for CWD testing by a USDA certified laboratory if he or she determines that there is no significant threat to Vermont's native cervid population and there is a need for the testing.

All hunters shall identify their deer and elk with their non-resident license information in accordance with 10 V.S.A § Appendix 2a.

Section 4.0 Chronic Wasting Disease Endemic Areas

. The department, in cooperation with the Department of Agriculture, Food and Markets shall provide a list of chronic wasting disease endemic and affected areas and shall update the list as areas added or deleted.

. The list shall be available on the department's web site, from the department's headquarters and from the department's district offices. The list shall also be made available to the media as much as practicably possible to provide maximum notice to the public.

Section 5.0 Definitions

. Affected State means any state, province or department in which CWD has been diagnosed in a captive cervid herd and the Commissioner has determined there remains sufficient concern or undetermined risk for the presence of CWD in the state, province or department.

. Out-of-state Captive Hunting Facilities are any facilities with captive deer or elk held in a fenced or walled enclosure for the purpose of taking by hunting that are located outside the borders of Vermont.

. Endemic Area is any state, province or department in which CWD has been diagnosed in a wild or free ranging cervid.

. Out-of-state Farm Facilities are any facilities with captive deer or elk held in a fenced or walled enclosure and are raised for meat, hides, antlers or other products that are located outside the borders of Vermont. 10 V.S.A. §§ 4081, 4082

History

• EFFECTIVE DATE: June 4, 2003 Secretary of State Rule Log # 03-14

Chapter 070 RULE DEFINING MOUTHS OF TRIBUTARIES AND LINES BETWEEN POINTS TO IDENTIFY THE VERMONT PORTION OF LAKE CHAMPLAIN

12-070 Code Vt. R. 12-010-070-X RULE DEFINING MOUTHS OF TRIBUTARIES AND LINES BETWEEN POINTS TO IDENTIFY THE VERMONT PORTION OF LAKE CHAMPLAIN

Section 1.0 Authority

This rule is promulgated pursuant to 10 V.S.A. § 4609(c).

This rule defines the Vermont portion of Lake Champlain, for reciprocal license purposes, easterly of which a Vermont fishing license is required for all individuals fifteen (15) years of age or older.

This rule shall apply to all persons who take or attempt to take fish on the Vermont portion of Lake Champlain and that portion of Lake Champlain easterly of the Vermont portion of Lake Champlain.

Section 2.0 Purpose

The purpose of this rule is to:

a) Define that portion of Lake Champlain lying between the Vermont-New York State boundary and that portion of Lake Champlain lying wholly in Vermont where holders of a New York fishing license are extended reciprocal fishing privileges, and

b) Provide a border for the eastern side of the Vermont portion of Lake Champlain that is easy for anglers to identify, and

c) Ensure the conservation of the fish in the state.

Section 3.0 The Vermont-New York Lake Champlain Border

For the purposes of this rule, and for reciprocal fishing privileges authorized by 10 V.S.A. § 4609(b), the Vermont-New York Lake Champlain Border is defined as starting at a point where the Poultney River empties into the East Bay, then through the middle of the deepest channel of East Bay to the middle of the deepest channel of Lake Champlain; then following the middle of the deepest channel of Lake Champlain in a generally northerly direction to the east of the Four Brothers Islands and the west of Grand Isle, North Hero and Isle La Motte, to the United States border with Canada.

Section 4.0 The Eastern Border of the Vermont Portion of Lake Champlain

For the purposes of this rule, and for reciprocal fishing privileges authorized by 10 V.S.A. § 4609(b), the eastern border of the Vermont portion of Lake Champlain is defined as a line starting on the north shore of the Poultney River where it empties into East Bay, proceeding generally northerly along the shore to the old Rutland Railroad fill on Colchester Point, then following the western side of the old Rutland Railroad fill to Allen Point on Grand Isle, continuing northerly following the western shore of Grand Isle to Tromp Point, then across The Gut to Bow and Arrow Point, then continuing generally northerly along the western shore of North Hero to Pelots Point, then across the Alburg passage to the Point of the Tongue, and then along the western shore of the Alburg peninsula to the United States Border with Canada. When this line crosses a tributary to Lake Champlain, the line shall proceed from the downstream most point of land on one side of the tributary to the downstream most point of land on the other side of the tributary.

Section 5.0 Permitted Activities

Holders of New York fishing licenses may take fish from that portion of Lake Champlain lying between the Vermont - New York border of Lake Champlain and the eastern border of the Vermont portion of Lake Champlain as defined in Part 4.0 above provided the State of New York grants the right to take fish to holders of Vermont fishing licenses in that portion of Lake Champlain lying between the Vermont - New York border and the New York shore.

Rule Defining Mouths of Tributaries and Lines Between Points to Identify the Vermont Portion of Lake Champlain

Graphic Representation of the Mouth of a Tributary

[See graphic or tabular material in printed version] 10 V.S.A. § 4609(c)

History

• EFFECTIVE DATE: October 31, 2003 Secretary of State Rule Log # 03-43

Chapter 072 SPECIAL OPPORTUNITY YOUTH MOOSE LICENSE RULE

12-072 Code Vt. R. 12-010-072-X SPECIAL OPPORTUNITY YOUTH MOOSE LICENSE RULE

Section 1.0 Authority

In accordance with 10 V.S.A. § 4255(f), this rule provides the criteria and procedure for issuing a no-cost moose license to a child or young adult age 21 years or younger who has a life threatening disease or illness and who is sponsored by a qualified charitable organization.

Section 2.0 Purpose

The purpose of this rule is to provide the criteria and procedure for issuing up to one annual no-cost moose license to a child or young adult, 21 or younger, who has a life threatening disease or illness, implementing the policy found in ACT NO. 163, AN ACT RELATING TO EXECUTIVE BRANCH FEES, as passed by the General Assembly in 2004.

Section 3.0 Definitions

3.1 "Accompany" means being able to communicate without the aid of artificial devices except medically prescribed eyeglasses or hearing aids.

3.2 "Department" means the Vermont Department of Fish and Wildlife.

3.3 "Qualified Child or Young Adult 21 Years of Age or Younger" means a person twenty-one years of age or younger who has been determined by a licensed physician to have a life-threatening disease or illness.

3.4 "Qualified Charitable Organization" means a nonprofit organization that is qualified under section 503(c)(3) of the United States Internal Revenue Code and that affords opportunities and experiences to qualified children or young adults with life threatening diseases or illnesses.

3.5 "Applicant" means a person twenty-one years of age or younger who has been determined by a licensed physician to have a life-threatening disease or illness and who has submitted an application for a no-cost moose license through a qualified charitable organization to the Department.

Section 4.0

Section 5.0 Permit Selection Process

5.1 If more than one application is received the Department will hold, or cause to be held, a transparent, random drawing wherein all persons who have submitted a complete application will be chosen to have the opportunity to obtain a permit.

5.2 The successful applicant will be notified by mail, and will receive a permit form to complete.

5.3 A valid moose hunting permit will be issued to the successful applicant only after the permit form has been completed and returned to the Department.

Section 6.0 Support Personnel and Second Shooter

6.1 The Permittee may designate up to five (5) support personnel who may accompany the applicant on the moose hunt, one of whom may be designated as a second shooter as described in Section 6.3 of this rule. Once the Permittee has provided the names of the support personnel to the Department, no change to this selection will be allowed except for personal or family illness or disability and then only if an application to the Commissioner, or designee, is made in writing and received no later than 12:00 noon on the Wednesday immediately preceding the opening of the moose season.

6.2 The Permittee may designate one (1) person to act as second shooter. The designated person may only discharge a firearm in order to dispatch an animal if the Permittee has taken the initial shot with the intent to take the animal and is incapable of dispatching it on his or her own. The designee must have and carry a valid Vermont hunting license. Once the applicant has provided the name of the designee to the Department, no change to this selection will be allowed except for personal or family illness or disability and then only if an application to the Commissioner, or designee, is made in writing and received no later than 12:00 noon on the Wednesday immediately preceding the opening of the moose season.

6.3 In addition to the Permittee, only the designated second shooter may carry a firearm or bow.

Section 7.0 Other Requirements and Alternates

7.1 No Permittee may be designated as a subpermittee on another Vermont moose hunting permit in the same year.

7.2 All laws and regulations pertaining to the hunting and taking of big game in Vermont apply to a Qualified Child or Young Adult 21 Years of Age or Younger issued a no-cost moose license under this rule, except as specifically modified by this regulation.

7.3 The Permittee and the designated second shooter must hold a valid Vermont hunting licenses in addition to the valid moose hunting permit.

7.4 When moose hunting, the Permittee must carry the permit. The permit is only valid for the hunting within the approved WMU.

7.5 The support personnel must always accompany the successful applicant.

7.6 If the Permittee is unable to complete the hunt due to illness or physical disability, an alternate may be may be selected as described in paragraphs 5.1, 5.2 and 5.3.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4255
• EFFECTIVE DATE: September 13, 2005 Secretary of State Rule Log #05-031
• AMENDED: May 18, 2010 Secretary of State Rule Log #10-020

Chapter 073 FURBEARING SPECIES (10 V.S.A. APP. Section 44)

12-073 Code Vt. R. 12-010-073-X FURBEARING SPECIES (10 V.S.A. APP. Section 44)

Section 1.0 Authority.

1.1 This rule is promulgated pursuant to 10 V.S.A. §§4081, 4082, 4084, 4828, and 4861. In promulgating this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife, and fur-bearing animals in this State is in the interest of the public welfare and that the safeguarding of these valuable resources for the people of the State requires a constant and continual vigilance.

1.2 In accordance with 10 V.S.A. §§4082 and 4084, this rule is designed to maintain the best health, population, and utilization levels of the regulated species.

1.3 This rule shall apply to all persons who take or attempt to take fur-bearing animals by trapping or hunting.

Section 2.0 Purpose.

The purpose of this rule is to regulate the taking of fur-bearing animals.

Section 3.0 Definitions.

3.1 "Accompany" for the purpose of pursuing coyote with the aid of dogs means that:

a) Any person engaged in the control, handling, transporting, or intercepting of dogs used for taking coyote with the aid of dogs shall be under the direct supervision of the permit holder and shall be considered a "Sub-permittee", and

b) A Sub-permittee who is in any way involved in the use or handling of taking coyotes with the aid of dogs shall be under the direct control and supervision of the coyote dog permit holder.

3.2 "Bait" means any animal, vegetable, fruit, mineral matter, or any other substance capable of luring or attracting coyotes or any other wildlife.

3.3 "Board" means the Vermont Fish and Wildlife Board.

3.4 "Commissioner" shall mean the Commissioner of the Vermont Department of Fish and Wildlife.

3.5 "Compensation" shall mean money.

3.6 "Control of dogs(s)" means that when transporting, loading, or unloading dogs from vehicle(s); and handling, catching, restraining, releasing, or following dogs at all times during training dogs and taking of coyote with the aid of dogs; the permittee shall be able to locate and remotely recall the dogs. Collar(s) with GPS functions, track log capability, and training/control features in the collar(s) shall be required to locate and track dogs at all times while taking coyote with the aid of dogs. At no time shall dogs be in pursuit of coyote without a GPS track log being maintained by the permit holder.

3.7 "Coyote Dog Permit" means a permit issued by the Commissioner to a person who wishes to hunt, pursue or take coyote with the aid of dogs.

3.8 "Department" means the Vermont Department of Fish and Wildlife.

3.9 "Department Registered Dog" means a dog bearing a numbered identification dog-tag (Department Registration Dog-Tag) approved or issued by the Vermont Fish and Wildlife Department, with the permit holder's coyote dog permit number and a number one through four.

3.10 "Fur-bearing animal" means beaver, otter, marten, mink, raccoon, fisher, fox, skunk, coyote, bobcat, weasel, opossum, lynx, wolf, and muskrat or as amended pursuant to 10 V.S.A. §4001.

3.11 "Legal Trail" shall mean a public right of way designated as a trail by a municipality as defined in Title 19 V.S.A §301(8), that is not a highway but is shown on the highway maps of the respective towns made by the Agency of Transportation and:

a) was previously a designated town highway; or

b) is a new public right of way laid out as a trail by the selectboard for the purpose of providing recreational use or access to abutting properties.

3.12 "Pack of Dogs" means one to four dogs, acting as a unit during taking coyote with the aid of dogs.

3.13 "Public Highway" for the purposes of this rule, means town, state, and United States roads, shown on the highway maps of the respective towns, made by the Agency of Transportation.

3.14 "Public Trail" for the purposes of this rule, means:

a) a path or corridor open to the public, used for nonmotorized recreational purposes such as hiking, walking, bicycling, cross-country skiing, horseback riding, and other similar activities; that is designated and mapped by a municipality on municipal lands, the managing agency or department on Vermont state owned land, or a federal agency on federal land; within the state of Vermont;

b) a path or corridor open to the public, commonly used for nonmotorized recreational purposes such as hiking, walking, bicycling, cross-country skiing, horseback riding, and other similar activities; that is designated, managed, maintained and clearly marked as a trail on municipal lands, on Vermont state-owned land, or on federal land, within the state of Vermont; or

c) Vermont Rail Trails designated and mapped by the Vermont Agency of Transportation, the Appalachian Trail designated, mapped and managed by the National Park Service, and the Long Trail designated, mapped and managed by the Green Mountain Club.

3.15 "Relaying packs and dogs" means the removal and replacement of one or more dogs, during taking coyote with the aid of dogs, to the original pack of dogs once the pursuit has begun.

3.16 "Sub-Permittee" means any person with a valid Vermont hunting license designated by the coyote dog permit holder to assist or take coyote with the aid of dogs, in accordance with the permit issued by the Commissioner.

3.17 "Taking Coyote with the aid of dogs" for the purposes of this rule means that one or more dog(s) with Department Registration Dog-Tags are on the ground whether in pursuit of a coyote or not.

3.18 A " tanned" pelt is one that has been treated to turn the skin into leather.

3.19 "Training/control" collar is any family of collars that deliver audible tones and electrical stimulation of varying intensity and duration to the neck of a dog via a radio-controlled electronic device incorporated into the collar.

3.20 "Trapping" means to hunt, take or attempt to take fur-bearing animals with traps including the dispatching of such lawfully trapped fur-bearing animals.

3.21 A "trap" means a mechanical device used to capture, kill and/or restrain fur-bearing animals excluding firearms, muzzleloaders and archery equipment.

3.22 "Unregistered dog" means a dog that does not have a valid numbered Department Registration Dog Tag as described in 3.9.

Section 4.0 Restrictions.

4.1 A person trapping for fur-bearing animals under this rule shall visit his/her traps at least once every calendar day, except as provided in paragraph 4.2, and dispatch or release any animal caught therein.

4.2 A person who sets body gripping traps in the water or under the ice, colony/cage traps underwater or foothold traps under the ice shall visit his/her traps at least once every three calendar days and remove any animal caught therein.

4.3 A person shall not set a trap on lands other than his/her own which does not have his/her name and address permanently and legibly stamped or engraved thereon, or on a tag of rustless material securely attached thereto.

4.4 All traps under ice will be marked with a tag visible above the ice.

4.5 All foothold traps set on land must:

a) Have base plates that feature a center chain mount with swivel, with free moving chain and at least two additional swivels that allow mobility for a captured animal;

b) Be anchored with a minimum of 12" chain and a maximum of 18" chain between the base plate and the start of the anchoring system. Extra swivel and/or shock springs can be added to the chaining system, but the additions cannot cause the chain to exceed the 18" length;

c) Be padded, offset, laminated, or have a minimum jaw thickness of 5/16th of an inch, or fully encapsulate the foot;

d) Have a spread of no more than 6 1/4 inches measured inside the widest expanse of the jaws; and

e) If a foothold trap is triggered by downward pressure, it must be adjustable for pan tension.

4.6 No body-gripping trap shall be set on land unless:

a) it is under 40 square inches, without the use of bait, or

b) it is over 40 square inches and less than 60 square inches and is set 5' or more above the ground, or

c) it is over 40 square inches and less than 60 square inches and is in an anchored enclosure with openings no greater than 60 square inches and with a trap trigger that is recessed at least 12" from all openings.

d) Any body-gripping traps over 60 square inches shall only be set in the water.

4.7 All meat-based bait shall be covered at the time that a trap is set. Covering shall include, but are not limited to, brush, branches, leaves, soil, snow, water, or enclosures constructed of wood, metal, wire, plastic, or natural materials.

4.8 A person shall not use toothed foothold traps or snares when trapping under this section.

4.9 A person shall not set a trap between December 31 and the following fourth Saturday in October unless the trap is in the water, under the ice, or on a float in the water.

4.10 A person shall not possess a living fur-bearing animal, except as provided by rules of the board or 10 V.S.A. part 4.

4.11 A person shall not possess a fur-bearing animal trapped outside of its legal season without the written authorization of the Department, not to include animals taken pursuant to 10 V.S.A. §4828.

4.12 A person shall not possess fur or skin of a fur-bearing animal unlawfully taken.

4.13 A person shall not take a fur-bearing animal by use of any explosives or, chemical or poisonous mixture, with the exception of a carbon dioxide chamber used in accordance with the recommendations of the American Veterinary Medical Association.

4.14 A person shall not take a fur-bearing animal from dens by cutting, digging, smoking, by the use of mechanical devices other than a legal trap set in accordance with these rules.

4.15 Trapping Set-backs:

a) No foothold traps or body-gripping traps shall be set on or within 50' of the travelled portion of a legal trail, public trail or public highway, unless set in the water or under ice. Setbacks shall not apply to public trails on Wildlife Management Areas except those public trails the Department specifically designates as requiring a setback. The Department shall post signage on Wildlife Management Areas advising the public of hunting seasons and locations where setbacks apply.

b) No foothold traps or body-gripping traps, unless set in the water or under ice. shall be set on or within 100 feet of the buildings, parking lots, and maintained (cleared, continuously maintained or landscaped) portions of designated wildlife viewing areas, visitor centers, parks, playgrounds, picnic areas, shelters, pavilions, schools, camps or campgrounds, and recreational facilities such as ball fields or tennis courts; owned and managed by municipal, state or federal entities except that trapping may occur with the explicit permission of schools, camps or campgrounds.

4.16 Dispatch of Trapped Animals: Upon discovery, a trapper shall immediately dispatch a live trapped furbearer with a muzzleloader or gun fired at arm's length; or a bow and arrow, or crossbow; or a carbon dioxide chamber in compliance with the American Veterinary Medical Association guidelines. This subsection shall not be interpreted to prevent a trapper from releasing an unharmed captured animal, or a domestic pet.

4.17 Beaver Muskrat

a) When trapping muskrat between March 1 and March 31, body gripping traps are restricted to 5 inches or less.

b) A person shall not disturb or destroy a beaver or muskrat house or den or place a trap therein, thereon, or in the entrance thereof.

c) A person shall not set a trap within 10 feet of the nearest point, above the water, of a beaver house or dam during the month of March.

d) A person shall not interfere in any manner with dams, dens, or houses of beaver except upon prior written approval from the Commissioner.

4.18 Bobcat; Otter; Fisher.

a) The skins of bobcat, otter, and fisher legally taken may be possessed, transported, bought and sold only when tagged and marked as hereinafter provided.

b) A person who takes bobcats, otter, or fisher during these seasons shall notify authorized Department staff within 48 hours of the close of the season. Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.

c) A person who legally takes bobcat, otter, or fisher may keep the edible meat prior to submitting the carcass to the Department.

d) No bobcat, otter, or fisher pelts or carcasses taken during these seasons shall be transported out of the State of Vermont prior to being tagged by authorized Department staff.

e) A person who takes bobcat, fisher, and otter pursuant to 10 V.S.A. §4828 and who desires to keep the pelt shall notify authorized Department staff with 84 hours of the taking. Pelts shall be presented to authorized Department staff for tagging. Such tags shall remain affixed to the pelts until tanned. Carcasses shall be surrendered to authorized Department staff at the time of tagging.

4.19 Raccoons

a.) A person shooting raccoons during the raccoon hunting season shall use a 0.22 caliber rimfire firearm or a shotgun with #2 shot or smaller.

b.) A light may be used to illuminate and shoot a raccoon once treed by a dog, or dogs, during the raccoon hunting season. A light may also be used to illuminate a raccoon once treed by a dog, or dogs, during the training season.

4.20 Taking Coyote with the Aid of Dogs

4.20.1 Authority - In accordance with 10 V.S.A. §5008 and §5009 (b), this rule establishes a process and standards for the issuance of a permit to take coyote with the aid of dogs, either for the training of dogs or for the taking of coyote.

4.20.2 Purpose - The purpose of this subsection is to establish a process and standards for the issuance of permits to pursue coyote with dogs, establish training and hunting seasons for the taking of coyote with the aid of dogs, and to define legal methods of take.

4.20.3 The Taking of Coyote with Aid of Dogs.

a) Licenses and permits.

(1) Any person who intends to train, hunt, pursue, harvest, or in any manner take a coyote with the aid of dogs shall apply for a permit from the Commissioner on an application form provided by the Commissioner.

(2) Only applications received by the Department's central office during the official application period will be considered. Applications must be received prior to the deadline established by the Commissioner.

(3) The Commissioner will consider only complete applications. For an application to be complete it must be legible, must contain all the information requested by the Department, must bear the applicant's original signature, or, in the case of electronic or facsimile applications, attestation under the pains and penalties of perjury. To be considered complete the form must be accompanied by any required application fee, or means of payment, such as a valid credit card payment.

(4) The Commissioner may deny any person a permit in their sole discretion.

(5) Any person training, hunting, pursuing, harvesting, or in any manner involved in the taking of a coyote with the aid of dogs must hold a valid Coyote Dog Permit issued by the Department, or accompany a Coyote Dog Permit holder. The Permit shall be carried at all times by the permittee while taking coyote with the aid of dogs, and exhibited to a game warden, landowner, or law enforcement officer upon demand.

(6) Any person hunting, pursuing, harvesting, or in any manner involved in the taking of a coyote with the aid of dogs must hold a valid Vermont Hunting License, and use only Department Registered Dogs.

(7) In any given year, the number of permits available to non-resident hunters shall not exceed ten (10) percent of the total number of permits issued to resident hunters the previous year. If more than ten (10) percent of non-resident permit applications are received, the Department will award up to ten (10) non-resident permits on a first come, first serve basis, provided that the number of permits to be issued does not exceed 100.

b) Lottery -In the event that more than 100 permit applications are received, all those who have submitted completed eligible applications and who wish to be entered into the lottery will be entered into the lottery. The Department will hold, or cause to be held, a transparent, random drawing to select 100 permits and to ensure that not more than 10% of permits issued by the Department are issued to non-residents.

c) Legal Methods

(1) A person shall not take a coyote into their possession except by killing the coyote by legal means or methods. Legal means includes utilizing a muzzleloader or gun fired at arm's length; or bow and arrow, or crossbow.

(2) A person taking coyote with the use of a bow and arrow or crossbow shall, upon demand of a game warden or other law enforcement personnel, show proof of having a prior archery license, or of having passed a bow hunter education course in Vermont, another state or a province of Canada approved by the Commissioner.

d) Dogs and Packs

(1) A person shall not take coyote with the aid of dogs unless the person is in control of the dog(s).

(2) No person shall take a coyote with the aid of dogs by using any Unregistered Dog. No person shall have an Unregistered Dog in their possession (including in a vehicle) while hunting, pursuing, or taking a coyote.

(3) A person hunting with dogs, pursuing, and taking coyote with the aid of dogs shall attach a collar or collars with GPS functions, tracklog capability, and training/control features for remote recall; and shall attach a Department Registration Dog-Tag and a metal identification name plate with the person's name, address and telephone number to the dog's collar.

(4) A person taking a coyote with the aid of dogs shall maintain a GPS location log of each dog taking coyote and shall maintain the log for at least 30 days after the close of the season.

(5) A person taking a coyote with the aid of dogs shall only take a coyote with a Pack of Dogs as defined in this rule. No person shall pursue, hunt, or take coyote by Relaying any Dog or Pack of Dogs.

(6) Two or more permit holders may hunt together and combine Department Registered Dog(s) to form a Pack of Dogs. The combined Coyote Dog Permit holders shall not take coyote with the aid of more than four dogs combined forming a single pack of dogs. The combined Coyote Dog Permit holders shall not possess any Unregistered Dogs while hunting, pursuing, or taking coyote with the aid of their dogs.

4.20.4 Seasons and Shooting Hours for Taking Coyote with the Aid of Dogs.

a) Coyote Dog Training Season: For Vermont Resident and Nonresident Permit Holder: June 1 through September 15, all dates inclusive, except that a nonresident may train dogs to pursue coyote only while the training season is in effect in the nonresident's home state and subject to the requirements of these rules.

b) Coyote Dog Hunting Season December 15 through March 31, all dates inclusive.

c) Legal hours for taking coyote with the aid of dogs: One half hour before sunrise until one half hour after sunset.

4.20.5 Prohibitions applicable to Taking Coyote with the Aid of Dogs

a) A person shall not advertise, barter, exchange goods or services, or otherwise sell the use of a dog(s) for the purpose of taking coyote with the aid of dogs.

b) While taking coyote with the aid of dogs, no person shall have in their possession an Unregistered Dog while possessing Department Registered Dogs.

c) It shall be a violation for a Vermont resident to apply for a coyote dog permit for the purpose of allowing a nonresident coyote dog owner to take coyote in Vermont with the aid of dogs.

4.20.6 Reporting - A person taking coyote with the aid of dogs shall, no later than 48 hours after the close of season, report the taking of all coyotes during the season in a manner required by the Commissioner.

4.20.7 A person hunting coyotes with dogs shall not release the dogs on land posted in accordance with Title 10 V.S.A. §5201, without the written permission of the landowner. In addition, a person hunting coyotes with the aid of dogs is encouraged to seek landowner permission before releasing dogs or entering land that is not posted in accordance with Title 10 V.S.A. §5201. Hunter education shall include the recommendation that persons hunting coyotes with dogs seek landowner permission prior to pursing coyotes with dogs.

4.21 Taking Coyote by Bow and Arrow and Crossbow: No person shall take coyote with or without the aid of dogs, with a bow and arrow or crossbow if the arrow or bolt has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges.

4.22 Lynx

a) Any person who incidentally captures a lynx shall notify the Department immediately.

b) The following regulations on traps and trapping shall apply within Wildlife Management Unit E.

(1) From the fourth Saturday in October to December 31, both dates inclusive, all body gripping traps must be set:

i. In the water, or;

ii. Within a Canada lynx exclusion device as described below and as depicted in Diagram 1:

a. the trap jaws shall be completely within the device;

b. the trap springs may extend outside of device through openings no larger than 7.5" wide by 1.5" high

c. the device shall not have an opening greater than 6" by 8";

d. the opening shall not be directly in front of the trap but shall instead be either on the top or side of the device;

e. the trap set within the device shall be a minimum of 18" from the closest edge of the opening to the trap;

f. there shall be at least two attachment points for each side of the device where there is a joint or where panels come together;

g. the device shall be constructed of wood or of wire mesh of 16 gauge or less wire (.05" diameter wire or greater) and having a mesh size with openings no greater than 1.5" X 1.5" or 1" X 2"; and,

h. the trap shall be anchored outside of the device; or

iii. Off the ground as described below and as depicted in Diagram 2:

a. at least 5' above the ground or if snow is on the ground at least 5 feet above snow level with the exception of the 24-hour period immediately following a snowstorm;

b. affixed to a standing tree which is free of branches below the trap or to a leaning section of pole that has not been planed or otherwise altered except for the removal of branches and is less than 4" in diameter at the trap and is angled at least 45? along its entire length from the ground to the trap; and

c. in an area that is free of any object within 4' of the trap.

c) The rules set forth in this subsection 4.22 shall expire on January 1, 2027 2024 unless such rules are either extended or amended by the Fish and Wildlife Board. The decision to extend or amend these rules shall be based on an evaluation of the following key criteria:

(1) Reliable evidence of the presence or absence of a resident, breeding population of Canada lynx;

(2) The availability of more effective and/or practical alternatives for avoiding the incidental capture of lynx; and

(3) The outcome of Maine's Incidental Take Permit application process.

Diagram 1. Canada lynx exclusion device for body gripping traps.

Diagram 2. Off the ground sets for body gripping traps.

4.23 Biological Collection

a) Except for persons exempt from the rules under section 4828 of title 10, any person who traps any animal obtains a trapping license and traps for furbearers shall complete and submit an annual biological collection trapper survey, including the reporting of taking of incidental wild animals, for the license season to the Department, within the timeline specified by the Commissioner.

b) Any person who traps furbearers and traps a dog or cat shall report the taking to a warden within 24 hours of discovery.

c) The failure to complete and submit a biological collection survey to the Department shall be a nonpoint violation under 10 V.S.A. §4502.

Section 5.0 Seasons, Bag Limits.

The following seasons, methods and bag limits are hereby established for the species listed. All hunting seasons will be with or without dogs, except as otherwise provided. Below is the exclusive, exhaustive list of seasons and means of take of fur-bearing animals. The taking of fur-bearing animals at other times or by other means, except where otherwise provided by law, is prohibited. All dates are inclusive.

| Seasons | Dates | Bag Limit | | --- | --- | --- | | 5.20 Beaver | | | | By trapping | Fourth Sat. in Oct. through March 31 | No Limit By hunting | | By trapping | Fourth Sat. in Oct. through March 31 | No Limit By hunting | | 5.21 Otter | | | | By trapping | Fourth Sat. in Oct.- last day of March | No limit By hunting | | By trapping | Fourth Sat. in Oct.- last day of March | No limit By hunting | | 5.22 Marten | No open season | Zero | | 5.23 Mink | | | | By trapping | Fourth Sat in Oct.-Dec. 31 | No limit | | By hunting | No open season | Zero | | 5.24 Raccoon | | | | By trapping | Fourth Sat. in Oct.-Dec. 31 | No limit | | By hunting | Second Sat. in Oct.-Dec. 31 | No limit | | 5.25 Bobcat | | | | By trapping | December 1-December 16 | No limit | | By hunting | January 10-February 7 | No limit | | 5.26 Fox (red or grey) | | | | By trapping | Fourth Sat. in Oct.-Dec. 31 | No limit | | By hunting | Fourth Sat. in Oct. through the second Sun. in Feb. No limit | By hunting | | 5.27 Skunk | | | | By trapping | Fourth Sat. in Oct.-Dec. 31 | No limit | | By hunting | No closed Season | No limit | | 5.28 Muskrat | | | | By trapping | Fourth Sat. in Oct.-March 31 | No limit | | By hunting | March 20-April 19 | No limit | | 5.29 Coyote | | | | By trapping | Fourth Sat. in Oct.-Dec. 31 | No limit | | Hunting/Taking Coyote without the Aid of Dogs | No closed season | No limit | | Hunting/Taking With the Aid of Dogs | December 15 through March 31 | No limit | | 5.14 Fisher | | | | By trapping | December 1-December 31 | No limit | | By hunting | No open season | Zero | | 5.15 Weasel | | | | By trapping | Fourth Sat. in Oct.-Dec. 31 | No limit | | By hunting | No closed season | No limit | | 5.16 Opossum | | | | By trapping | Fourth Sat. in Oct.-Dec. 31 | No limit | | By hunting | No closed season | No limit | | 5.17 Wolf | No open season | Zero | | 5.18 Lynx | No open season | Zero |

5.20 With the exception of state and federally listed threatened and endangered species, seasons shall not be applicable to any person, who takes a furbearing animal in defense of persons or property for compensation, in accordance with 10 V.S.A. §4828.

Section 6.0 Trapping Rabbits and Furbearers in Defense of Property for a Fee.

In accordance with Sec. 11 of Act 170 from the 2017-2018 Adj Session, the following sections and subsections of Board rules set forth in Title 10, Appendix §44 are applicable to trapping rabbits and furbearing animals in defense of property for compensation: 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.10 (however, possession is allowed for the purpose of moving the animal to a more appropriate place for dispatch), 4.11, 4.12, 4.13, 4.18 e), 4.22 a), and 4.23.

History

• EFFECTIVE DATE:
• August 23, 1963
• AMENDED:
• November 5, 1984 Secretary of State Rule Log #84-A69; November 2, 1985 Secretary of State Rule Log #85-A66; November 15, 1986 Secretary of State Rule Log #86-77; November 11, 1987 Secretary of State Rule Log #87-58; December 18, 1987 Secretary of State Rule Log #87-66; January 2, 1988 Secretary of State Rule Log #87-51; November 10, 1990 Secretary of State Rule Log #90-48; July 9, 1994 Secretary of State Rule Log #94-28; August 24, 1996 Secretary of State Rule Log #96-49, #96-50, #96-51, #96-53; October 7, 2000 Secretary of State Rule Log #00-56; October 31, 2003 Secretary of State Rule Log #03-44, #03-45, #03-46; January 12, 2007 Secretary of State Rule Log #06-44; July 14, 2012 Secretary of State Rule Log #12-020; January 1, 2014 Secretary of State Rule Log #13-020; January 1, 2018 Secretary of State Rule Log #17-054; January 1, 2020 Secretary of State Rule Log #19-041; January 1, 2024 Secretary of State Rule Log #23-045
• STATUTORY AUTHORITY: 10 V.S.A. §§4081, 4082, 4084, 4828, 4861

Chapter 074 REGULATION # 881A, FISH IMPORTATION

12-074 Code Vt. R. 12-010-074-X REGULATION # 881A, FISH IMPORTATION

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A §§ 4081(a), 4082, 4083 and 4605 which authorize the board to carry out the purposes of protecting the state's fish and the waters of this state.

Section 2.0 Purpose

2.1 It is the purpose of this regulation to carry out the mandate of the Vermont General Assembly to control through a permit program the importation of fish as provided in 10 V.S.A. 4605 to guard the health of Vermont's fish populations and prevent the introduction of fish and fish diseases that could have the potential to cause harm to fish populations in the waters of the state.

Section 3.0 Definitions

3.1 Fish -- all fresh and salt-water fish species including fish ovum and fish semen that will be introduced into any of the inland or outlying waters of the state as defined in 10 V.S.A. § 1251(13).

3.2 Board -- Vermont Fish and Wildlife Board

3.3 Department -- Vermont Fish & Wildlife Department

3.4 Commissioner - Fish and Wildlife Department Commissioner

3.5 Person -- an individual, association, corporation, partnership, or municipality.

3.6 State -- state of Vermont

3.7 Fish Hatchery -- Any fish culture station, hatchery, rearing pond, net pen, container which holds, rears or releases fish for sale and/or distribution in waters of Vermont.

Section 4.0 Importation of Fish

4.1 It is unlawful for any person to bring into the state any fish that will be introduced into any of the inland or outlying waters of the state unless upon application in writing and receipt of a fish importation permit from the commissioner.

4.2 No person shall import fish unless the fish come from a fish hatchery approved by the commissioner. Fish disease inspection shall be made by inspection of the fish at the hatchery source by an inspector acceptable to the department. Inspection procedures, methods of diagnosis, and inspection frequency will be specified by the department.

4.3 Not withstanding the provisions of paragraph 4.2, the commissioner may, subject to conditions designed to protect the fish and wildlife in the state, permit the importation of live wild caught fish species from waters identified in a list maintained by the department.

4.4 No fish that are considered endangered or threatened by the department shall be permitted into the state unless the department determines that the intent of such importation is for scientific purposes or for purposes of re-establishment of fish populations.

4.5 The importation and possession of dead fish is exempt from this regulation provided they are disposed of to guard against the introduction of fish diseases to state waters. Acceptable disposal methods include:

1. placement of all fish waste products in an approved state landfill; or

incineration of all fish waste products; or

3. burial of fish on private land only, no less than one hundred feet from a public water.

4.6 Dead fish imported and possessed as bait must be processed through approved methods which eliminate all fish pathogens. These approved methods will be identified in a list maintained by the department.

Section 5.0 Permits

5.1 Bait Dealers Permit

5.1.1 All commercial dealers who import, export or sell fish must first obtain a valid bait dealers permit pursuant to 10 V.S.A Append. § 122.

5.2 Importation Permit

5.2.1 The commissioner shall not issue a permit unless it has been determined that the fish proposed to be brought into the state do not conflict with the purpose of this regulation.

5.2.2 For all fish species, the commissioner shall consider the following criteria in determining whether to issue a fish importation permit: does the fish proposed for importation pose a potential threat to the fisheries resources of the state through diseases or species competition; are they free of all disease organisms as the department may specify; could the fish be a significant competitor with resident fish and wildlife for food and habitat; could the fish be destructive to habitat; could the fish be a threat to the health of resident fishes, wildlife, or humans; and could the fish pose any other threat to public or private interests as may be determined by the department.

5.3 Temporary Exhibition

5.3.1 Any person importing fish for the purposes of temporary exhibition must obtain a fish importation permit from the commissioner. The commissioner may impose conditions necessary to protect the health and welfare of Vermont's fish and wildlife.

Section 6.0 Applications

6.1 Application for a fish importation, bait dealers, scientific, education, or temporary exhibit permit must be complete and submitted to the department on an application form to be provided by the department. For an application to be considered complete, it must be legible, must contain all information requested by the department, shall contain no false statements, must bear the applicant's official signature and must be accompanied by the required application fee.

6.2 With regard to all fish, the applicant shall present to the department, as a requirement of the permit, written fish health inspection reports as the department may specify. Fish health inspection reports shall be made by a qualified fish health inspector acceptable to the department.

Section 7.0 Inspections

7.1 Persons holding a fish importation, bait dealers and education or temporary exhibit permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by state game wardens or other duly authorized persons as the commissioner may direct.

7.2 The issued permit shall be available for inspection by any duly authorized persons as the commissioner may direct.

Section 8.0 Quarantine, Destruction, Sterilization and Disposition Where Disease and Harmful Species are Present

8.1 The department may require a period of quarantine and treatment, the destruction of fish, and/or order whatever remedial action necessary; if a harmful fish species and/or fish pathogens are confirmed. This shall occur at the expense of the owner.

8.2 Commercial hatcheries or ponds under private ownership may be ordered by the department to be sterilized at the expense of the owner, if upon inspection a harmful fish pathogen or species is confirmed.

8.3 Any fish, which are brought into the state in violation of these regulations or kept in violation of any permit issued maybe disposed of in accordance with 10 V.S.A. § 4709.10 V.S.A. §§ 4081, 4082, 4083, 4605

History

• EFFECTIVE DATE: March 13, 2007 Secretary of State Rule Log # 07-004

Chapter 075 FEES FOR THE USE OF FISH AND WILDLIFE DEPARTMENT LANDS AND FACILITIES

12-075 Code Vt. R. 12-010-075-X FEES FOR THE USE OF FISH AND WILDLIFE DEPARTMENT LANDS AND FACILITIES

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4132(e) that requires the Commissioner of the Vermont Fish and Wildlife Department to adopt and publish regulations for reasonable fees for the use of Department lands.

1.2 In accordance with 10 V.S.A. § 4132(e), all fees or charges collected for the use of fish and wildlife lands and properties shall be deposited in the fish and wildlife fund.

Section 2.0 Purpose

2.1 In accordance 10 V.S.A. § 4132(e), this rule is designed to set fees for the use of Vermont of Fish and Wildlife Department lands, roads, buildings, other property including Wildlife Management Areas, Fishing Access Areas, and other Department lands and sets tuition for the Green Mountain Conservation Camps.

2.2 The activities for which fees shall be charged under this rule shall be consistent with the Rule Governing Public Use of Fish and Wildlife Department Lands.

Section 3.0 Definitions

3.1 "Partnering organizations" means any government entity or non-governmental organization with whom the Department has a memorialized partnership and whose purposes, and proposed activity, are consistent with the mission of the Vermont Fish and Wildlife Department.

3.2 "Private entity" means a person or group whose proposed activity is unaffiliated with the mission of the Vermont Fish and Wildlife Department.

3.3 "License" a written instrument that authorizes a certain activity on Department property but does not vest the licensee with any property rights.

3.4 "Special Use Permit" means a formal written authorization for short-term, low impact use by individuals or groups.

3.5 "Department" means the Vermont Fish and Wildlife Department.

3.6 "Edward F. Kehoe Education Center" means the main floor of the Educational Center and surrounding buildings, lawns.

3.7 Buck Lake Conservation Camp" means the dining hall, restrooms, tent erection areas and Wightman building.

Section 4.0 Fees

| 4.1 Edward F. Kehoe Education Center | | | --- | --- | | a. Partnering Organizations and Municipalities | | | Day Use (per day/all facilities) | $ 175 | | Conference Room | $ 30/day; $ 20/ 1/2 day | | Damage Deposit (refundable if all requirements are met) | $ 150 day/use | | Cabin Rental (Includes 4 people, $ 5 per additional person) | $ 60/night | | School Groups (K-12) Day Use | $ 5/per student | | b. Private Entity | | | Grounds - Day Use (Weekend) | $ 750 | | Grounds - Day Use (Weekday) | $ 500 | | Conference Room (single) | $ 200 | | Conference Room (double) | $ 350 | | Weddings | $ 3,000 | | 4.2 Buck Lake Conservation Camp | | | Facility Day Use (per day) | $ 175 | | Damage Deposit (refundable if all requirements met) | $ 150/day use | | Dining Hall Only | $ 50 day; $ 25/ 1/2 day | | Cabin Rentals (rate is for 4 people, $ 5.00 per additional persons) | $ 60/night | | 4.3 Conservation Camp Tuition | $ 250 | | 4.4 Controlled Waterfowl Hunt Dead Creek WMA and Mud Creek WMA | $ 10/person | | 4.5 Meeting Rooms - Grand Isle Fish Culture Station, Gordon Center Training Facility | $ 25/day | | Overnight Accommodations -Gordon Center Training Facility | $ 25/person/night | | 4.6 Special Use Permit | $ 50 Minimum -$ 10,000 Maximum | | 4.7 License | $ 50 Minimum -$ 10,000 Maximum |

Section 5.0 Waivers

5.1 Department Employees working in their official capacity, and participants of Department sponsored events, are exempt from fees subject to the approval of the Commissioner or the Commissioner's designee.

5.2 Partnering organizations paying fees for an activity under 4.1 of this rule shall be waived of any additional fees for use of Department lands associated with that activity.

History

• STATUTORY AUTHORITY: 10 V.S.A. § 4132
• EFFECTIVE DATE: June 21, 2008 Secretary of State Rule Log #08-021; July 12, 2013 Secretary of State Rule Log #13-017

Chapter 076 IMPORTATION AND POSSESSION OF ANIMALS FOR TAKING BY HUNTING

12-076 Code Vt. R. 12-010-076-X IMPORTATION AND POSSESSION OF ANIMALS FOR TAKING BY HUNTING

Section 1.0 Authority and Application

1.1 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082 and 4714.

1.2 In promulgating this rule, the Vermont Fish and Wildlife Board is following the policy established by the General Assembly that "the protection, propagation control, management and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance," as stated in 10 V.S.A. § 4081.

1.3 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of wild animals.

1.4 Wild animals in Vermont belong to the people in their collective and sovereign capacity, not in their private and individual capacities, as long recognized by the Vermont Supreme Court.[n1] Ownership of wild animals may only be acquired subject to the reasonable regulation as provided for by the General Assembly.

[n1 See, inter alia, State v. Theriault, 70 Vt. 617 (1898), Payne v. Sheets, 75 Vt. 335 (1903); State v. Niles, 78 Vt. 266 (1906); Zanotti v. Bolles 80 Vt. 345 (1907).]

1.5 This rule applies to any live animal that is possessed or confined for the purposes of taking by hunting.

1.6 This rule applies to enclosures whose purpose is to confine animals to be taken by the means of hunting. It shall not apply to activities permitted under the provisions of 10 V.S.A. § 5212, or regulations 734 (Beagle Training) and 690 (Regulated Shooting Grounds).

Section 2.0 Purpose and Policy

The purpose of this rule is to:

2.1 In accordance with 10 V. S.A. § 4714, establish the necessary criteria to implement and enforce the permit and permit process for the importation and possession of animals for the purposes of hunting;

2.2 Maintain the best health of the wild animals of the State, both in the wild populations and those animals within facilities permitted under this rule;

2.3 Prevent the introduction or spread of a disease, or parasite by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of "Chronic Wasting Disease" ("CWD"), bovine tuberculosis, and rabies;

2.4 Ensure the physical health and safety of humans;

2.5 Ensure the rights of hunting and fowling enshrined in Section 67 of the Vermont Constitution;

2.6 Prohibit entrapment of white-tailed deer and moose or any wild animal not authorized in this regulation, even if temporary, by means of a fenced enclosure or enclosed hunting facility;" and

2.7 Maintain the health of the white-tailed deer and moose populations by ensuring that diseases associated with enclosed animals are not introduced into the wild and that there are sufficient open lands for the wildlife of the State to travel, feed, and meet all their life requirements and support population levels to accommodate the public's interests in these resources.

Section 3.0 Definitions

3.1 "Animals" means all members of the animal kingdom, wild or domestic.

3.2 "Application" means a document produced and published by the Department, completed by a person seeking a permit from the Commissioner to import or possess animals for taking by hunting.

3.3 "Board" means the Vermont Fish and Wildlife Board.

3.4 "Cervid," "Cervidae," and "deer" means any member of the Cervidae family.

3.5 "Chronic wasting disease" ("CWD") means a transmissible spongiform encephalopathy (TSE) of cervids.

3.6 "Commissioner" means the Vermont Fish and Wildlife Department Commissioner.

3.7 "CWD susceptible cervid" means any species of the family Cervidae, or any other family or genera, when published scientific evidence shows susceptibility to Chronic Wasting Disease ("CWD"), including black-tailed and mule deer, white-tailed deer, elk, red deer, and moose. Fallow deer ( Dama dama) are excluded until susceptibility evidence is discovered.

3.8 "Department" means the Vermont Department of Fish and Wildlife.

3.9 "Designated Employee" means an employee or agent of the Permittee who has been designated by the Permittee to take a captive animal or wild animal that has become entrapped. The names of all designated employees shall be provided to the Department, in writing, prior to being given authorization to take any animal.

3.10 "Enclose" means to create through the use of fences, man-made structures, or natural barriers, an area that can be used to restrict the free movement of animals.

3.11 "Enclosure" means a structure designed to restrict the free movement of animals and the area within that structure.

3.12 "Escape-proof" means so constructed that the captive animals will remain confined under all circumstances, except when natural catastrophe or other incidents occur over which the owner or the owner's agent has no control. "Escape-proof" also means so constructed as to prevent ingress from white-tailed deer and moose.

3.13 "Herd" means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.

3.14 "Herd inventory" means an official list of all of the animals enclosed within the facility including verification of the official or approved identifications.

3.15 "Hunting" means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the General Assembly, or the Vermont Fish and Wildlife Board to pursue or take any live animal.

3.16 "Hunting Facility" means an enclosure created by the use of fences, man-made structures, or natural barriers where animals are confined to be taken by hunting. Specifically excluded from this definition are activities covered by regulations 734 (Beagle Training) and 690 (Regulated Shooting Grounds).

3.17 "Import" means any act of transporting animals into Vermont from any state or country.

3.18 "NAIS" means National Animal Identification System. This is a national program administered by the United States Department of Agriculture outlining standard operating procedures in animal identification.

3.19 "Owner" means an individual, partnership, company, corporation or other legal entity that has legal title to an animal or herd of animals.

3.20 "Permit" means a written authorization from the Commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.

3.21 "Person" includes individuals, principals, agents, employees, firms, partnerships, corporations and associations.

3.22 "Possession" means actual or constructive possession.

3.23 "Take and taking" means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner.

Section 4.0 Generally

4.1 Prohibited: It is unlawful to take by hunting any animal in an enclosed area by a person other than the owner of the facility, spouse, the landowner's minor child, licensed veterinarian, or designated employee as defined by this rule, unless the facility is properly licensed as a captive hunt facility under this rule or has been granted authorization by the Commissioner.

4.2 Importation: It shall be prohibited to import, possess or confine any live animal, to be taken by hunting except the species listed in Section 4.5 of this rule. It shall be unlawful to import, possess or confine to be taken by hunting white-tailed deer and moose.

4.3 Ingress: When any species of animal that is imported or possessed for the purposes of hunting but not approved under 4.5 of this Rule, or any white-tailed deer or moose becomes entrapped within an enclosure of a permitted facility, the Permittee, or an agent of the Permittee shall notify the Department of Fish and Wildlife within the 24 hours of actual or constructive notice of the entrapment. The Department of Fish and Wildlife may take whatever steps under its authority that are deemed necessary to remove and dispose of any entrapped white-tailed deer or moose.

a) Authorization to take by Permittee: The Permittee, or its designated employee, is authorized to take an entrapped animal. Any such taking must be reported to the Department within 12 hours of the taking. Any authorized person shall immediately properly dress the carcass and care for the meat. The entire carcass of any animal taken or removed under this subsection is the property of the Commissioner and shall be tested for diseases as specified by the Fish and Wildlife Department.

4.4 Escape: Any animal approved for importation and possession under 4.5 of this Rule that escapes any enclosure of a permitted facility shall be reported to the Fish and Wildlife Department within 24 hours of the Permittee's actual or constructive notice of the escape.

a) Escaped animals: Upon actual or constructive notice of an escape of an approved animal from a permitted facility, the Permittee shall attempt to recapture the animal. Any such escaped animal which remains outside the enclosure longer than 72 hours, shall be subject to being destroyed by the Department.

b) Extension: For good cause shown, the Commissioner may grant additional time for recapture when a request for extension of time is submitted.

4.5 Allowed Species: No species of animal may be hunted in any hunting facility except those listed below.

a. The list of allowed animals is as follows:

Buffalo ( Bison bison)

Elk or wapiti ( Cervus elaphus canadensis)

Red deer ( Cervus elaphus)

Fallow deer ( Dama dama)

European wild boar ( Sus scrofa ferus)

Spanish goat ( Capra aegagrus hircus)

Mouflan sheep ( Ovis musimon)

Corsican, Black Hawaiian, Texas Dall, and Barbarossa sheep ( Ovis hybrids)

b. If a Permittee or applicant wishes to import and enclose a species not list in 4.a. above for the purpose of being taken by hunting, the Board may be petitioned to include that species. Species approved must not have an adverse effect on the State's wildlife, and the proposed importation and/or possession will maintain the best health, utilization and population levels of wildlife.

4.6 Season: There shall be no closed season for any animal possessed for the purposes of hunting if in compliance with this rule.

4.7 License: It is unlawful for any person to take an animal in a hunting facility unless in the possession of a valid and current Vermont hunting license.

4.8 Rare and Irreplaceable Natural Areas: No part of the proposed enclosure will encompass any land designated as a Rare and Irreplaceable Natural Area, as defined by the Act 250 process.

4.9 Necessary Wildlife Habitat: No part of the proposed enclosure will encompass any areas designated as Necessary Wildlife Habitat as defined by the Act 250 process, or as designated by the Department.

4.10 Enclosure Size: No hunting facility may have an enclosure less than 100 acres in size for the purpose of taking an animal by hunting. No hunting facility may have enclosures with total summed area greater than 1280 acres.[n2]

[n2 1280 acres is equivalent to two square miles. Limiting the size to 1280 acres reduces the risk of interfering with populations of white-tailed deer, moose, bear and other species that depend on large areas of land during seasonal movement to fulfill their life requirements.]

4.11 Premises inspection: All facilities permitted under this rule shall be subject to inspection by the Commissioner or the Commissioner's designee. Such inspections may include, but are not limited to, records kept under this rule, perimeter fencing, enclosed animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.

4.12 Record keeping and CWD Certified Herd Program: Accurate records documenting purchases, sales, interstate shipments, intrastate shipments, escaped animals, entrapped white-tailed deer and moose, deaths (including harvested animals), and births shall be established and maintained for all hunting operations.

a) Availability of Documents: Documentation shall be made available to Department personnel immediately upon request.

b) Content of Documents: Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age.

c) Multiple Enclosures: If a facility has multiple enclosures, movement of animals between such enclosures shall be recorded as if they were separately owned enclosures.

d) CWD Certified Herd Program: The owners of any CWD susceptible cervid shall enroll in the Vermont Agency of Agriculture, Food and Market's CWD Certified Herd Program and remain compliant with the Vermont Rules Governing Captive Cervidae as applied to any possession or take of a CWD susceptible cervid.

4.13 Feeding: The feeding of ruminant protein to cervids is strictly prohibited. All facilities permitted under this rule are forbidden from feeding prohibited feed ingredients. The storage of prohibited feed in the same area as allowable feed is also prohibited. Feeding practices will be reviewed during inspections.

4.14 Animal Health: Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.

Section 5.0 Requirements of the Facility and Operation

5.1 Fencing Requirements:[n3]

[n3 These requirements are consistent with the Vermont Agency of Agriculture, Food and Market's Rules Governing Captive Cervidae (2006).]

a) General: Captive animals must be contained within an escape-proof enclosure that complies with all specifications under this rule at all times. Repeated escapes of captive animals, or the ingress of white-tailed deer or moose is evidence of non-compliance with this rule.

b) Specifications:

(1) Conventional or hi-tensile perimeter fences of which at least the bottom six (6) feet must be mesh (maximum mesh size shall be 12 1/2" x 7"). The overall height is to be a minimum of eight (8) feet.

(2) Minimum wire gauges - 12 1/2 gauge - conventional fence; 14 1/2 gauge - woven hi-tensile.

(3) All perimeter gates providing access to animal holding facilities shall be kept secured when animals are present. Gate construction shall be constructed and maintained to prevent escape of captive animals, or ingress by white-tailed deer or moose, by crawling under the gate, jumping over the gate, or passing between the gate and adjacent fence.

(4) Posts - four (4) inch minimum diameter, wood or equivalent (e.g., rust resistant steel), spaced no more than fifty (50) feet apart (60 foot spacing is allowed if there are at least two (2) steel posts between the wood posts). There shall be a post or stay (wood or steel) every 20 feet. Posts must be at least eight (8) feet above ground level. Corners shall be braced with wood or equivalent material.

5.2 Identification:

a) Any animal added to the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as set forth in NAIS.

b) For all animals not covered by the Agency of Agriculture's identification requirements, the Commissioner shall establish an identification system such as, but not limited to, tags and tattooing. The Commissioner may approve a written identification plan generated by the Permittee. All animals to be enclosed shall be identified prior to being placed in the enclosure.

5.3 Capture Chutes for Testing: Shall be in accordance with the rules of the Secretary of the Agency of Agriculture, Food and Markets.

5.4 Testing of Live Animals: Shall be in accordance with the rules of the Secretary of the Agency of Agriculture, Food and Markets.

5.5 Monitoring: Facilities operating under this rule shall allow the Commissioner, or the Commissioner's designee, to inspect the permitted facility and records at any time.

5.6 Testing of Harvested Animals: Shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets.

Section 6.0 Application Process

6.1 Eligibility: Only those hunting facilities in existence prior to October 28, 2008, will be eligible to apply for a permit subject to this rule. No new hunting facilities for the taking of animals by hunting behind fences will be established or permitted.

6.2 It is unlawful to import or possess any animal for the purposes of being taken by hunting without a permit. Prior to the importation or possession of any animal by a person, party, or corporation for the purposes of being taken by hunting under this rule, a facility shall apply to the Commissioner in writing with a permit application designed and provided by the Commissioner. The application shall include:

a) Name, address and phone number of the Applicant and/or Owner and/ Operator if different. Name address and phone number of any "designated employee" as defined in this rule.

b) Map of facility, depicting enclosure location and parcel boundaries.

c) Proof of ownership, including title or lease.

d) Area, in acres, of the lands to be enclosed.

e) A description of the lands to be enclosed, including habitat and vegetative conditions including wetlands, cover, and water sources.

f) A letter from the Department indicating that the area to be enclosed does not encompass a Rare of Irreplaceable Natural Area, Necessary Wildlife Habitat, or other rare community type.

g) Detail of the two kinds of identification systems to be used at the facility as prescribed in this rule.

h) Copies of veterinary inspection reports certifying the disease free status of the animals and all necessary testing in compliance with rules of the Secretary of the Agency of Agriculture, Food and Markets.

i) Documentation showing the facility to be in compliance with all local, municipal, state and federal licensing, zoning, taxation, and other applicable laws or regulations.

j) Any additional information as is necessary to determine that the importation or possession of the animals referred to complies with the purposes of this rule.

k) A Permittee shall provide a bond, secured note of credit, or equivalent instrument, equal to the cost of decommissioning the facility. Factors in determining the cost of decommissioning shall include, but not be limited to: acreage, number of animals, and linear feet of fencing.

6.3 Receipt: The Commissioner shall acknowledge, in writing, receipt of the application within thirty (30) days of receipt. The acknowledgement shall state whether the application is complete or deficient.

6.4 Deficiencies: If the application is administratively deficient, the Commissioner shall inform the applicant of the deficiencies and give the applicant thirty (30) days starting the day the notice is placed in the United States mail to correct the deficiencies. Applications that remain deficient after the thirty (30) day period shall be deemed denied by the Commissioner and returned to the applicant.

6.5 Review: When an application is deemed administratively complete, the Commissioner shall review the information supplied to determine if the application complies with all parts of this rule.

6.6 Site Inspection: Prior to final approval, the Commissioner, or the Commissioner's designee, shall conduct a site inspection. The inspection shall ensure that all parts of this rule have been verified, including the absence of white-tailed deer or moose within the hunting facility enclosure. Any animals subject to this rule may not be added to the premises prior to inspection and approval.

6.7 Issuance: If the application has been deemed complete by the Commissioner, the site inspection has revealed no deficiencies, and the Commissioner has found that the applicant is in full compliance with this rule, a permit shall be issued and a facility identification number will be assigned for future correspondence and reporting purposes.

6.8 Denial: If the application is denied, the Commissioner shall, within thirty (30) days, provide a written denial providing the reasons why the application was denied.[n4]

[n4 See Section 8.0 of this rule regarding appeals of a denial.]

6.9 Term: Subject to full compliance with this rule, a Permittee may apply for a renewal every three years.

Section 7.0 Permit Revocation

7.1 Grounds for Revocation: The Commissioner may revoke any permit issued for failure to comply with the provisions of this rule or when there is an imminent threat of a disease from the facility to any wildlife species of the state.

7.2 Notification: If the Commissioner finds that a facility permitted under this rule is in violation of the rules promulgated by the Board or the provisions of Part 4 of Title 10 of the Vermont Statutes Annotated, or there is an imminent threat of disease from the hunting facility to any wildlife species of the state, then the Commissioner shall notify the Permittee in writing of the intent to revoke the permit.

7.3 Opportunity to Cure: A Permittee found out of compliance with Sections 5.1, 5.2, and 5.3 of this rule will have thirty (30) days from the date of notification to cure the non-compliance.

7.4 Proceeding: Notwithstanding the license revocation in accordance with Title 10 V.S.A. § 4502, under Section 7.1 of this rule, the Commissioner shall, prior to permit revocation, provide a proceeding consistent with 3 V.S.A. § 814(c).

7.5 Emergency Revocation: If the Department finds that the public health, safety, or welfare imperatively requires emergency action, or there is an imminent threat to any wildlife species of the state, and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings as described above.

Section 8.0 Appeals

Notwithstanding 10 V.S.A. § 4502, any person aggrieved by the Commissioner's finding, order or revocation under this rule may appeal to the superior court in Washington County.

Section 9.0 Facility Decommissioning

9.1 Following permit revocation, or permit abandonment, captive animals within enclosures shall not be released from facilities.

9.2 All imported animals and their offspring shall be subject to the requirements of 5.2 and 5.4 of this rule.[n5] Thereafter, animals may be removed from the enclosure, or continue within the enclosure and subject to the jurisdiction of the Agency of Agriculture, Food and Markets.

[n5 That is, all animals must be identified and tested prior to being introduced into any other population or enclosure.]

9.3 Depopulated facilities shall have at least 1/10 of perimeter fencing removed from all sides to allow passage of wild animals in addition to the removal of all corner fencing of the enclosures. Exceptions to this clause will be made for CWD and/or tuberculosis-positive facilities at the discretion of the Department in accordance with most recent scientific evidence for environmental resilience of CWD and/or tuberculosis pathogens.

Section 10.0 Compliance of Existing Facilities

10.1 All existing facilities must receive a permit under this rule within one year of its adoption or will be deemed out of compliance with this rule and subject to the penalties allowed by law.

10.2 Hunting facilities found operating without a valid permit shall be deemed out of compliance with rule and subject to the penalties allowed by law.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4714
• EFFECTIVE DATE: January 4, 2009 Secretary of State Rule Log #08-053

Chapter 077 RULE ESTABLISHING A LIST FOR PROHIBITED, RESTRICTED AND UNRESTRICTED FISH SPECIES

12-077 Code Vt. R. 12-010-077-X RULE ESTABLISHING A LIST FOR PROHIBITED, RESTRICTED AND UNRESTRICTED FISH SPECIES

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A § 4081(a) which provides that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of these valuable resources for the people of the state requires a constant and continual vigilance, and in accordance with

1.2 10 V.S.A. § 4605(c) provides that the commissioner may, by rule, adopt a list of fish which, if introduced into Vermont waters, have the potential to cause harm to the fish population of the state.

Section 2.0 Purpose

2.1 It is the purpose of this regulation to carry out the mandate of the Vermont General Assembly to control through a permit program the importation and possession of fish species as provided in 10 V.S.A. § 4605(c) to guard the health of Vermont's fish populations by preventing the introduction of fish species that could have the potential to cause harm to fish populations of the state.

Section 3.0 Definitions

3.1 "Fish" means all live fresh- and salt-water fish species including viable fish ovum and viable fish semen.

3.2 "Transgenic Fish" means any fish that possesses a novel combination of genetic material obtained through the use of modern biotechnology. This definition does not include diploid, triploid, or hybrid-crossed fish.

3.3 "Department" means Vermont Fish & Wildlife Department.

3.4 "Commissioner" means Fish and Wildlife Department Commissioner.

3.5 "Person" means an individual, association, corporation, partnership, or municipality, or other entity.

3.6 "State" means State of Vermont.

Section 4.0 Importation and Possession of Live Fish

4.1 This rule establishes a list by which the importation and possession of fish shall be regulated.

4.1.1 Prohibited Fish Species Section: Fish species for which importation into or possession within Vermont shall be prohibited except through a Commissioner's Prohibited Fish Species Permit. This section of the list primarily includes species not native to the state that are known to pose a threat to Vermont 's fish populations and or aquatic ecosystems.

4.1.2 Restricted Fish Species Section: This section of the list primarily includes native and certain naturalized fish species which although they may not require a Commissioner's Prohibited Fish Species Permit as set out in 4.1.1 above, may be regulated through other department permits including but not limited to 10 V.S.A. § 4605(b) Importation of Fish; 10 V.S.A. § 5403, Protection of Endangered and Threatened Species; and 10 V.S.A. Appen. § 122, Fish Regulations.

4.1.3 Unrestricted Fish Species Section: This section of the list primarily includes species commonly imported into the state for the pet or aquarium trade and are currently considered to pose minimal or no risk to Vermont fish populations. A Commissioner's Prohibited Fish Species Permit is not required to import or possess these species. Additionally, any species not on the Unrestricted, Restricted and Prohibited lists and which natural global distribution range occurs entirely within the bounds of the 300 north latitude and the 300 south latitude may be imported or possessed in Vermont without prior review and approval of the commissioner. Notwithstanding the foregoing, an importation permit is required for any fish brought into the state which are intended to be introduced into waters of the state as per 10 V.S.A. 4605(b), and no fish shall be introduced into any waters except private ponds lacking access to other waters of the state as per 10 V.S.A. 4605(a).

4.2 All fish species not included in the sections of the list covered by 4.1.2 (Restricted Fish Species Section) and 4.1.3 (Unrestricted Fish Species Section) shall also be considered to be Prohibited Fish Species.

4.3 The importation and/or possession of transgenic fishes shall be prohibited unless explicitly included in the Unrestricted Fish Species section.

Section 5.0 Review, Revision & Maintenance of List

5.1 The commissioner may review and revise the species contained within the list. The public may submit any species of fish for consideration of inclusion in this list by submitting a written request with relevant documentation.

5.2 The department shall maintain an up-to-date list of prohibited, restricted, and unrestricted fish species and shall make this list available on the department's website, from the department's headquarters and from the department's district offices.

Section 6.0 Permits

6.1 Prohibited Fish Species Permits. The commissioner may issue a Commissioner's Prohibited Fish Species Permit allowing importation and possession of a fish on the Prohibited Fish Species section of the list.

6.1.1 In issuing a permit, the Commissioner shall consider:

(a) How the fish are being kept in a controlled environment including but not limited to artificial tanks without inflow or outflow, and; without connection to waters of the state;

(b) Whether the purpose is for research;

(c) Whether the purpose is for education;

(d) Whether it is for public purpose;

(e) Whether there are available alternatives;

(f) The health of native or naturalized fish species.

6.1.2 A permit issued under this subsection shall include conditions that ensure the health and safety of Vermont's fish population.

6.2 Restricted Fish Species Permits. Fish in the Restricted Fish Species section do not require a Commissioner's Prohibited Fish Species Permit. However, as noted in paragraph 4.1.2 above, other department permits may be required to import and/or possess fish listed in the Restricted Fish Species section.

Section 7.0 Permit Applications

7.1 Applications for Commissioner's Prohibited Fish Species Permits shall be complete and submitted to the department on an application form to be provided by the department. For an application to be considered complete, it shall be legible, shall contain all information requested by the department, shall contain no false statements, shall bear the applicant's official signature and shall be accompanied by the required application fee.

7.2 With regard to all fish, the applicant shall present to the department, as a requirement of the permit, written fish health inspection reports as the department may specify, and invoices clearly indicating the source of the fish to be imported. Fish health inspection reports shall be made by a qualified fish health inspector acceptable to the department.

Section 8.0 Inspections

8.1 Persons holding a Commissioner's Prohibited Fish Species Permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by the Commissioner or the Commissioner's designee(s).

8.2 The issued permit shall be available for inspection by the Commissioner or the Commissioner's designee(s).

Section 9.0 Quarantine, Destruction or Sterilization Where Disease and/or Harmful Species are Present

9.1 The department may require a period of quarantine and treatment, the destruction of fish, and/or order remedial action if necessary, if a harmful fish species and/or fish pathogen is confirmed. This shall occur at the expense of the owner.

LIST OF PROHIBITED, RESTRICTED, AND UNRESTRICTED FISH SPECIES

Prohibited Fish Species List.

| Designation | Scientific name (genus & species) | Common name(s) | | --- | --- | --- | | Prohibited | Alosa pseudoharengus | Alewife | | Prohibited | Aristichthys nobilis | Bighead carp | | Prohibited | Carassius carassius | Crucian carp | | Prohibited | Carassius gibelio | Prussian carp | | Prohibited | Carassius cuvieri | Japanese (white) crucian carp | | Prohibited | Channa spp. | Asian snakehead | | Prohibited | Clarias batrachus | Walking catfish | | Prohibited | Ctenopharyngodon idella | Grass carp | | Prohibited | Dorosoma cepedianum | Gizzard shad | | Prohibited | Gambusia spp. | Mosquito fish | | Prohibited | Gymnocephalus ceruus | Ruffe | | Prohibited | Hypophthalmichthys harmandi | Large scale silver carp | | Prohibited | Hypophthalmichthys molitrix | Silver carp | | Prohibited | Leuciscus idus | Ide, orfe | | Prohibited | Misgurnus anguillicaudatus | Oriental weather loach | | Prohibited | Monopterus albus | Asian swamp eel | | Prohibited | Mylopharyngodon piceus | Black carp | | Prohibited | Neogobius melanostomus | Round goby | | Prohibited | Parachanna spp. | African snakehead | | Prohibited | Proterorhinus marmoratus | Tubenose goby | | Prohibited | Rhodeus sericeus | Bitterling | | Prohibited | Sander lucioperca | Zander | | Prohibited | Scardinius erythrophthalmus | Rudd | | Prohibited | Tinca tinca | Tench |

Restricted Fish Species List.

| Designation | Scientific Name (genus & species) | Common name(s) | | --- | --- | --- | | Restricted | Acipenser fulvescens¹ | Lake sturgeon¹ | | Restricted | Alosa aestivalis | Blueback herring | | Restricted | Alosa sapidissima | American shad | | Restricted | Ambloplites rupestris | Rock bass | | Restricted | Ameiurus natalis | Yellow bullhead | | Restricted | Ameiurus nebulosus | Brown bullhead | | Restricted | Amia calva | Bowfin | | Restricted | Ammocrypta pellucida¹ | Eastern sand darter¹ | | Restricted | Anguilla rostrata | American eel | | Restricted | Aplodinotus grunniens | Freshwater drum | | Restricted | Carpiodes cyprinus | Quillback | | Restricted | Catostomus catostomus² | Longnose sucker² | | Restricted | Catostomus commersoni² | White sucker² | | Restricted | Coregonus artedi | Cisco or lake herring | | Restricted | Coregonus clupeaformis | Lake whitefish | | Restricted | Cottus bairdi | Mottled sculpin | | Restricted | Cottus cognatus | Slimy sculpin | | Restricted | Couesius plumbeus | Lake chub | | Restricted | Culeas inconstans | Brook stickleback | | Restricted | Cyprinella spiloptera | Spotfin shiner | | Restricted | Cyprinus carpio | Common carp, mirror carp, koi | | Restricted | Esox americanus americanus | Redfin pickerel | | Restricted | Esox lucius | Northern pike | | Restricted | Esox masquinongy | Muskellunge | | Restricted | Esox niger | Chain pickerel | | Restricted | Etheostoma flabellare | Fantail darter | | Restricted | Etheostoma olmstedi | Tessellated darter | | Restricted | Exoglossum maxillingua | Cutlips minnow | | Restricted | Fundulus diaphinus | Banded killifish | | Restricted | Hiodon tergisus | Mooneye | | Restricted | Hybognathus hankinsoni | Brassy minnow | | Restricted | Hybognathus regius | Eastern silvery minnow² | | Restricted | Ichthyomyzon fossor¹ | Northern brook lamprey¹ | | Restricted | Ichthyomyzon unicuspis | Silver lamprey | | Restricted | Ictalurus punctatus | Channel catfish | | Restricted | Labidesthes sicculus | Brook silverside | | Restricted | Lampetra appendix¹ | American brook lamprey¹ | | Restricted | Lepisosteus osseus | Longnose gar | | Restricted | Lepomis auritus | Redbreast sunfish | | Restricted | Lepomis gibbosus | Pumpkinseed | | Restricted | Lepomis macrochirus | Bluegill | | Restricted | Lepomis microlophus | Redear sunfish | | Restricted | Lota lota | Burbot | | Restricted | Luxilus cornutus² | Common shiner² | | Restricted | Margariscus margarita | Pearl dace | | Restricted | Micropterus dolomieui | Smallmouth bass | | Restricted | Micropterus salmoides | Largemouth bass | | Restricted | Morone americana | White perch | | Restricted | Morone saxatilis | Striped bass | | Restricted | Moxostoma anisurum | Silver redhorse | | Restricted | Moxostoma macrolepidotum | Shorthead redhorse | | Restricted | Moxostoma valenciennesi | Greater redhorse | | Restricted | Notemigonus crysoleucas² | Golden shiner² | | Restricted | Notropis atherinoides² | Emerald shiner² | | Restricted | Notropis bifrenatus | Bridle shiner | | Restricted | Notropis heterodon | Blackchin shiner | | Restricted | Notropis heterolepis | Blacknose shiner | | Restricted | Notropis hudsonius² | Spottail shiner² | | Restricted | Notropis rubellus | Rosyface shiner | | Restricted | Notropis stramineus | Sand shiner | | Restricted | Notropis volucellus² | Mimic shiner² | | Restricted | Noturus flavus¹ | Stonecat¹ | | Restricted | Oncorhynchus mykiss | Rainbow trout | | Restricted | Oreochromis spp. | Tilapia spp. | | Restricted | Osmerus mordax² | Rainbow smelt² | | Restricted | Perca flavescens² | Yellow perch² | | Restricted | Percina copelandi¹ | Channel darter¹ | | Restricted | Percina caprodes | Logperch | | Restricted | Percopsis omiscomayas | Trout-perch | | Restricted | Petromyzon marinus | Sea lamprey | | Restricted | Phoxinus eos² | Northern redbelly dace² | | Restricted | Phoxinus neogaeus | Finescale dace | | Restricted | Pimephales notatus² | Bluntnose minnow² | | Restricted | Pimaphales promelas² | Fathead minnow² | | Restricted | Pomoxis annularis | White crappie | | Restricted | Pomoxis nigromaculatus | Black crappie | | Restricted | Prosopium cylindraceum | Round whitefish | | Restricted | Rhinichthys atratulus² | Blacknose dace² | | Restricted | Rhinichthys cataractae² | Longnose dace² | | Restricted | Salmo salar | Atlantic salmon | | Restricted | Salmo trutta | Brown trout | | Restricted | Salvelinus fontinalis | Brook trout | | Restricted | Salvelinus namaycush | Lake trout | | Restricted | Sander canadense | Sauger | | Restricted | Sander vitreum | Walleye | | Restricted | Semotilus atromaculatus² | Creek chub² | | Restricted | Semotilus corporalis² | Fallfish² | | Restricted | Sarotheradon spp. | Tilapia spp. | | Restricted | Tilapia spp. | Tilapia spp. | | Restricted | Umbra limi | Central mudminnow | | ¹Species subject to 10 V.S.A. $S5402, Endangered and Threatened Species Lists ²Species subject to 10 V.S.A. $S122, Section 5.0 Rule governing the taking, possessing, transporting, use and selling of baitfish. | | |

Unrestricted Fish Species Section.

Families noted with an asterisk indicate the global distribution of some species may lie outside the unrestricted zone (300 North latitude-300 South latitude). Such species will be considered prohibited as per 4.1.1 of this rule.

| Family | Genera | | | --- | --- | --- | | Ancestrorhynchidae | Smallscale pike characins | Ancestrorhynchus | | Achiridae | American soles | Trinectes | | Alestidae | African tetras | Phenacogrammus | | Ambassidae | Asiatic glassfishes | Parambassis | | Amphiliidae | Loach catfishes | Phractura | | Anabantidae | Climbing gouramies | Ctenopoma, Microctenopoma | | Anablepidae | Four-eyed fishes, one-sided livebearers, white-eye | Anableps | | Anostomidae | Headstanders | Abramites, Anostomus, Laemolyta, Leporinus, Pseudanos | | Aplocheilidae* | Rivulines | Aplocheilus | | Apteronotidae | Ghost knifefishes | Apteronotus | | Ariidae | Sea catfishes | Arius | | Aspredinidae | Banjo catfishes | Bunocephalus | | Auchenipteridae | Driftwood catfishes | Auchenipterichthys, Liosomadorus | | Badidae | Blue Perch, Dwarf Chameleon Fish | Badis | | Bagridae | Bagrid catfishes | Bagrichthys, Horabagrus, Mystus, Pseudomystus | | Balitoridae | River loaches | Beaufortia, Gastromyzon, Schistura | | Bedotiidae | Madagascar rainbowfishes | Bedotia | | Belonidae | Needlefishes | Xenentodon | | Callichthyidae | Callichthyd armored catfishes | Brochis, Callichthys, Corydoras, Dianema, Hoplosternum, Megalechis | | Chacidae | Squarehead or angler catfish | Chaca | | Characidae | Characins | Aphyocharax, Astyanax, Boehlkea, Boulengerella, Chalceus, Charax, Gymnocorymbus, Hasemania, Hemigrammus, Hyphessobrycon, Inpaichthys, Megalamphodus, Metynnis, Moenkhausia, Myleus, Mylossoma, Nematobrycon, Paracheirodon, Piaractus, Prionobrama, Pristella, Thayeria, Triportheus | | Chilodontidae | Chilodus | | | Cichlidae | Cichlids | Aequidens, Altolamprologus, Amphilophus, Apistogramma, Archocentrus, Astronotus, Aulonocara, Cichla, Cichlasoma, Cleithracara, Crenicichla, Cyathopharynx, Cyphotilapia, Cyrtocara, Dimidiochromis, Etroplus, Geophagus, Gymnogeophagus, Haplochromis, Hemichromis, Herichthys, Heros, Herotilapia, Hypselecara, Iodotropheus, Julidochromis, Labeotropheus, Labidochromis, Laetacara, Lamprologus, Lepidolamprologus, Limnochromis, Lobochilotes, Maylandia, Melanochromis, Mesonauta, Mikrogeophagus, Nannacara, Neolamprologus, Nimbochromis, Parachromis, Pelvicachromis, Placidochromis, Protomelas, Pseudocrenilabrus, Pseudotropheus, Pterophyllum, Rhamphochromis, Satanoperca, Sciaenochromis, Steatocranus, Symphysodon, Telmatochromis, Thorichthys, Trematochromis, Tropheus, Variabilichromis, Vieja | | Citharinidae | Lutefishes | Distichodus | | Cobitidae* | Loaches | Botia, Lepidocephalichthys, Lepidocephalus, Pangio, Syncrossus, Yasuhikotakia | | Ctenoluciidae | Pike-characids | Ctenolucius | | Cynodontidae | Dogtooth characins | Rhaphiodon | | Cyprinidae* | Minnows & carps | Balantiocheilos, Barbichthys, Barbonymus, Borasas, Carassius auratus, Crossocheilus, Cyclocheilichthys, Danio, Epalzeorhynchus, Esomus, Hampala, Labeo, Leptobarbus, Luciosoma, Oreichthys, Puntius, Puntioplites, Rasbora, Tanichthys, Trigostigma | | Cyprinidae | Minnows & carps | Danio rerio (GloFish(R)) | | Cyprinodontidae* | Pupfishes | Jordanella floridae | | Datnioididae | Datnioides | | | Doradidae | Thorny catfishes | Acanthodoras, Agamyxis, Amblydoras, Platydoras | | Eleotridae | Sleepers | Butis, Oxyeleotris | | Erethistidae | South Asian river catfishes | Hara | | Erythrinidae | Trahiras | Hoplias | | Gasteropelecidae | Freshwater hatchetfishes | Carnegiella, Gasteropelecus, Thoracocharax | | Gobiidae* | Gobies | Brachygobius, Gnatholepis, Gobioides, Stigmatogobius | | Gymnarchidae | Gymnarchus | | | Gyrinocheilidae | Algae eaters | Gyrinocheilus | | Helostomatidae | Kissing gourami | Helostoma | | Hemiodontidae | Hemiodus | | | Hemiramphidae | Halfbeaks | Dermogenys | | Hypopomidae | Bluntnose knifefishes | Hypopygus, Steatogenys | | Lebiasinidae | Pencilfishes | Nannostomus | | Lepidosirenidae | Aestivating lungfishes | Lepidosiren | | Loricariidae | Armored catfishes | Ancistrus, Baryancistrus, Cephalosilurus, Chaestostoma, Dekeyseria, Farlowella, Glyptoperichthys, Hemiancistrus, Hypancistrus, Hypstomus, Lasiancistrus, Leporacanthicus, Otocinclus, Panaque, Peckoltia, Pseudacanthicus, Pseudolithoxus, Pterosturisoma, Pterygoplichthys, Rineloricaria, Sturisoma | | Mastacembelidae | Spiny eels | Macrognathus, Mastacembelus | | Melanotaeniidae | Rainbowfishes, blue eyes | Chilathernia, Iriathernia, Melanotaenia | | Mochokidae | Squeakers or upside-down catfishes | Synodontis | | Monodactylidae | Moonyfishes of fingerfishes | Monodactylus | | Mormyridae | Elephantfishes | Campylomormyrus, Gnathonemus, Mormyrops, Pollimyrus | | Muraenidae | Moray eels | Gymnothorax | | Nandidae | Asian leaffishes | Polycentropsis | | Nothobranchiidae | African rivulines | Aphyosemion, Epipltys, Nothobranchius | | Notopteridae | Featherbacks or knifefishes | Chitala, Xenomystus | | Osphronemidae | Gouramies | Betta, Colisa, Spaerichthys, Trichogaster, Trichopsis | | Osteoglossidae | Arowanas | Osteoglossum | | Pangasiidae | Shark catfishes | Pangasius | | Pantodontidae | Freshwater butterflyfish | Pantodon | | Pimelodidae | Long-whiskered catfishes | Leiarius, Phractocephalus, Pimelodella, Pimelodus, Sorubim | | Poeciliidae* | Poeciliids | Poecilia, Xiphophorus | | Polycentridae | Leaffishes | Monocirrhus, Polycentrus | | Polynemidae | Threadfins | Polynemus | | Polypteridae | Bichirs | Erpetoichthys, Polypterus | | Potamotrygonidae | River stingrays | Potamotrygon | | Prochilodontidae | Flannel-mouth characiformes | Semaprochilodus | | Pseudomugilidae | Blue eyes | Pseudomulgil | | Pseudopimelodidae | Bumblebee catfishes, dwarf marble catfishes | Microglanis | | Rhamphichthyidae | Sand knifefishes | Rhamphichthys | | Scatophagidae | Scats | Scatophagus | | Schilbeidae | Schilbid catfishes | Eutropiellus, Paraila, Schilbe | | Siluridae | Sheatfishes | Kryptopterus, Ompok | | Sternopygidae | Glass knifefishes | Eigenmannia | | Synbranchidae | Swamp-eels | Synbranchus | | Syngnathidae | Pipefishes, seahorses | Microphis | | Telmatherinidae | Sailfin silversides | Marosatherina | | Tetraodontidae | Puffers | Carinotetraodon, Tetraodon | | Terapontidae | Grunters or tigerperches | Terapon | | Toxotidae | Archerfishes | Toxotes |

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4605
• EFFECTIVE DATE: November 1, 2009 Secretary of State Rule Log #09-031

Chapter 078 SPRING SNOW GOOSE CONSERVATION ORDER (section 35)

12-078 Code Vt. R. 12-010-078-X SPRING SNOW GOOSE CONSERVATION ORDER (section 35)

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

1.2 The Board's authority to permit the taking of migratory game birds is found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21.

Section 2.0 Purpose

The purpose of this regulation is to establish a Spring Conservation Order for harvesting of snow and Ross' geese. The United Fish and Wildlife Service has issued a Conservation Order with the intent to decrease the population of light geese due to an overabundance of these species. Specifically, " v arious populations of light geese (greater and lesser snow geese and Ross's geese) have undergone rapid growth during the past 30 years, and have become seriously injurious to their habitat, habitat important to other migratory birds, and agricultural interests. The U.S. Fish and Wildlife Service believes that several of these populations have exceeded the long term carrying capacity of their breeding and/or migration habitats and must be reduced." The USFWS has set "forth regulations that authorize measures to increase harvest of certain populations of light geese." This rule implements this directive.

Section 3.0 Definitions

3.1 "Daily bag limit" means the maximum number of geese permitted to be taken by one person in any one day during the open season in any one specified geographic area for which a daily bag limit is prescribed.

3.2 "Possession limit" means the number of geese permitted to be possessed by any one person when lawfully taken in the state for which a possession limit is prescribed.

3.3 "Commissioner" means the Commissioner of the Vermont Fish and Wildlife Department.

3.4 "Conservation order" means a special management action that is needed to control certain wildlife populations when traditional management programs are unsuccessful in preventing overabundance of the population.

3.5 "Department" means the Vermont Fish and Wildlife Department.

3.6 "Light goose" refers collectively to greater and lesser snow geese and Ross's geese.

3.7 "Legal means" means the taking by the means described in Section 8.0 of this rule.

3.8 "Permit" means a document issued by the Department authorizing the taking of snow geese.

Section 4.0 Species Subject to the Conservation Order

Greater snow ( Chen caerulescens atlantica), lesser snow ( C. c. caerulescens), and Ross's ( C. rossii) geese that breed, migrate, and winter in North America.

Section 5.0 Open Season

5.1 Season Dates: March 11 - Friday before Youth Turkey Hunting Weekend, annually.

Section 6.0 Bag Limits and Possession Limits

6.1 Daily Bag Limit: 15 geese

6.2 Possession Limit: No limit

Section 7.0 License and Stamp Requirements

7.1 Any person harvesting geese under this rule shall:

a) Possess and carry a valid Vermont State Hunting License;

b) Possess and carry a valid Vermont Migratory Waterfowl Stamp;

c) Possess and carry a valid Federal Migratory Bird Hunting Stamp;

d) Possess and carry a valid Vermont Snow Goose Conservation Order Permit; and

e) Possess and carry proof of Harvest Information Program (HIP) Registration.

Section 8.0 Hunting Methods

8.1 Light geese on which open seasons are prescribed in this section may be taken 'by any method except those prohibited in this section. No person shall take migratory game birds:

a) With a trap, snare, net, crossbow, rifle, pistol, swivel gun, shotgun larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, poison, drug, explosive, or stupefying substance;

b) From or by means, aid, or use of a sinkbox or any other type of low floating device, having a depression affording the hunter a means of concealment beneath the surface of the water;

c) From or by means, aid, or use of any motor vehicle, motor-driven land conveyance, or aircraft of any kind, except that paraplegics and persons missing one or both legs may take from any stationary motor vehicle or stationary motor-driven land conveyance;

d) From or by means of any motorboat or other craft having a motor attached, or any sailboat, unless the motor has been completely shut off and/or the sails furled, and its progress therefrom has ceased: Provided, That a craft under power may be used to retrieve dead or crippled birds; however, crippled birds may not be shot from such craft under power;

e) By the use or aid of live birds as decoys; although not limited to, it shall be a violation of this paragraph for any person to take migratory waterfowl on an area where tame or captive live ducks or geese are present unless such birds are and have been for a period of 10 consecutive days prior to such taking, confined within an enclosure which substantially reduces the audibility of their calls and totally conceals such birds from the sight of wild migratory waterfowl;

f) By means or aid of any motor-driven land, water, or air conveyance, or any sailboat used for the purpose of or resulting in the concentrating, driving, rallying, or stirring up of any migratory bird; or

g) By the aid of baiting, or on or over any baited area. As used in this paragraph, "baiting" shall mean the placing, exposing, depositing, distributing, or scattering of shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed so as to constitute for such birds a lure, attraction or enticement to, on, or over any areas where hunters are attempting to take them; and "baited area" means any area where shelled, shucked, or unshucked corn, wheat or other grain, salt or other feed whatsoever capable of luring, attracting, or enticing such birds is directly and indirectly placed, exposed, deposited, distributed, or scattered; and such area shall remain a baited area for 10 days following complete removal of all such corn, wheat or other grain, salt, or other feed. However, nothing in this paragraph shall prohibit:

i) The taking of all migratory game birds, including waterfowl, on or over standing crops, flooded standing crops (including aquatics), flooded harvested croplands, grain crops properly shocked on the field where grown, or grains found scattered solely as the result of normal agricultural planting or harvesting; and

ii) The taking of all migratory game birds, except waterfowl, on or over any lands where shelled, shucked, or unshucked corn, wheat or other grain, salt, or other feed has been distributed or scattered as the result of bona fide agricultural operations or procedures, or as a result of manipulation of a crop or other feed on the land where grown for wildlife management purposes: Provided, that manipulation for wildlife management purposes does not include the distributing or scattering of grain or other feed once it has been removed from or stored on the field where grow.

8.2 Non-Toxic Shot

a) No person shall take light geese while possessing loose shot or shot shells loaded with shot other than nontoxic shot.

b) Approved nontoxic shots include: steel, bismuth/tin, tungsten/iron, tungsten/polymer, tungsten/matrix, tungsten/nickel/iron, tungsten/ iron/nickel/tin, tungsten/bronze, tungsten/tin/ bismuth, tungsten/iron/copper/nickel, tungsten/tin/ iron, or other shot approved by the U.S. Fish and Wildlife Service.

8.3 Allowed Specials Measures

Notwithstanding the provisions of T. 10 App. § 23, the following special measures may be used when harvesting light geese under this rule:

a) Unplugged shotguns (that can accommodate more than three shells);

b) Electronic calls.

Section 9.0 Shooting Hours

Notwithstanding the provisions of T. 10 App. § 23, the legal shooting hours under this rule are: one-half hour before legal sunrise to one-half hour after legal sunset.

Section 10.0 Wanton waste of migratory game birds

No person shall kill or cripple any migratory game bird pursuant to this rule without making a reasonable effort to retrieve the bird, and retain it in his or her actual custody, at the place where taken or between that place and either (a) his or her automobile or principal means of land transportation; or (b) his or her personal abode or temporary or transient place of lodging; or (c) a migratory bird preservation facility; or (d) a post office; or (e) a common carrier facility.

Section 11.0 Other Applicable Laws

11.1 All other federal and state laws and regulation relevant to the harvesting of light geese, including: importation, possession, custody, tagging, sale of parts and eggs apply unless otherwise stated herein.

11.2 No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any act of Congress or any regulation issued pursuant thereto.

11.3 No person shall at any time, by any means or in any manner, take, possess, transport, or export any migratory bird, or any part, nest, or egg of any such bird, in violation of any applicable law or regulation of any state.

Section 12.0 Suspension

If the Director of the U.S. Fish and Wildlife Service suspends the Conservation Order, this Rule is automatically suspended.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082
• EFFECTIVE DATE: May 18, 2010 Secretary of State Rule Log #10-018

Chapter 079 WATERFOWL BOUNDARY (10 V.S.A. APP. section 23B)

12-079 Code Vt. R. 12-010-079-X WATERFOWL BOUNDARY (10 V.S.A. APP. section 23B)

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081. In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

1.2 10 V.S.A. § 4082(a) states: "The board may adopt rules, under chapter 25 of Title 3, to be known as the "Vermont fish and wildlife regulations" for the regulation of fish and wild game and the taking thereof except as otherwise specifically provided by law. The rules shall be designed to maintain the best health, population and utilization levels of the regulated species..."

1.3 The Board's authority to permit the taking of migratory game birds is a found at 10 V.S.A. § 4082(b) and at 50 CFR, Parts 20 and 21.

Section 2.0 Purpose

The purpose of this rule is to establish zones for the taking of waterfowl during the prescribed waterfowl season(s).

Section 3.0 Zone Descriptions

3.1 Lake Champlain Zone: The U.S. portion of Lake Champlain and that area north and west of the line extending from the New York border along U.S. 4 to VT 22A at Fair Haven; VT 22A to U.S. 7 at Vergennes; U.S. 7 to VT 78 at Swanton; VT 78 to VT 36; VT 36 to Maquam Bay on Lake Champlain; along and around the shoreline of Maquam Bay and Hog Island to VT 78 at the West Swanton Bridge; VT 78 to VT 2 in Alburg; VT 2 to the Richelieu River in Alburg; along the east shore of the Richelieu River to the Canadian border.

3.2 Interior Zone: That portion of Vermont east of the Lake Champlain Zone and west of a line extending from the Massachusetts border at Interstate 91; north along Interstate 91 to US 2; east along US 2 to VT 102; north along VT 102 to VT 253; north along VT 253 to the Canadian border.

3.3 Connecticut River Zone: The remaining portion of Vermont east of the Interior Zone. The waterfowl season regulations for the Connecticut River Zone will be the same as the New Hampshire Inland Zone and will be set annually by the New Hampshire Fish and Game Department.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4084
• EFFECTIVE DATE: July 3, 2011 Secretary of State Document #11-027

Chapter 080 MOOSE PERMIT RULE (10 V.S.A. APP. section 33A.)

12-080 Code Vt. R. 12-010-080-X MOOSE PERMIT RULE (10 V.S.A. APP. section 33A.)

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

1.2 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of the moose herd.

1.3 In accordance with 10 V.S.A. § 4082, the Vermont Fish and Wildlife Board may: establish open seasons; daily, season and possession limits for game.

Section 2.0 Purpose

The purpose of this rule is to authorize the issuance of a certain number of moose permits, by Wildlife Management Unit (WMU), to be issued by means of a public lottery.

Section 3.0 Authorizations

3.1 The Fish and Wildlife Board hereby authorizes the taking of moose during the moose season.

3.2 The Board authorizes the issuance of a total of 355 permits to be distributed by lottery as provided by 10 V.S.A. Appendix § 33.

Section 4.0 Permit Allocation

4.1 355 permits to hunt and take moose of any sex and age are authorized for the following WMUs:

| WMU | B | C | D1 | D2 | E1 | E2 | G | H1 | H2 | I | J1 | J2 | L | M | O | P | Q | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Either-Sex Permits | 5 | 30 | 40 | 40 | 70 | 20 | 10 | 30 | 5 | 20 | 10 | 15 | 10 | 25 | 10 | 10 | 5 |

Section 5.0 Permit Application Deadline

5.1 10 V.S.A. App. § 33, Section 6.2 notwithstanding, applications shall be accepted until the deadline established by the Department.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4084
• EFFECTIVE DATE: July 3, 2011 Secretary of State Document #11-028; June 3, 2012 Secretary of State Rule Log #12-014; June 27, 2013 Secretary of State Rule Log #13-015

Chapter 081 TRANSITION OF THE RELEVANT CAPTIVE HUNT FACILITY TO THE COMPLIANCE WITH 10 V.S.A. APP. Section 19 (10 V.S.A. APP. section 19A)

12-081 Code Vt. R. 12-010-081-X TRANSITION OF THE RELEVANT CAPTIVE HUNT FACILITY TO THE COMPLIANCE WITH 10 V.S.A. APP. Section 19 (10 V.S.A. APP. section 19A)

Section 1.0 Authority

1.1 This rule is promulgated pursuant to No. 54 of the Acts of the 2011 Sess. (2011) (hereinafter "Act 54") which requires that "the fish and wildlife board shall adopt by rule a process by which the number of white-tailed deer and moose entrapped within the relevant captive hunt facility is reduced to zero by taking, as that term is defined in 10 V.S.A. § 4001, over a three-year period from September 1, 2011."

1.2 This rule is promulgated pursuant to 10 V.S.A. §§ 4081, 4082.

1.3 In accordance with 10 V.S.A. § 4081, this rule is following the policy established by the General Assembly that "the protection, propagation control, management and conservation of fish, wildlife and furbearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance."

1.4 In accordance with 10 V.S.A. § 4082, this rule is designed to maintain the best health, population and utilization levels of wild animals.

Section 2.0 Purpose and Policy

The purpose of this rule is to:

2.1 In accordance with Act 54, establish the necessary criteria to implement the transition from the jurisdiction of the relevant captive hunt facility from the Secretary of Agriculture, Food, and Markets to the Commissioner of the Department of Fish and Wildlife.

2.2 In Act 54, the general assembly found and declared that: "To preserve the health of the wildlife of Vermont, all owners of captive cervidae facilities should be required to remove entrapped white-tailed deer or moose, and such facilities should be required to take the necessary measures to prevent future entrapment of white-tailed deer or moose."

2.3 This rule is designed to bring the population of entrapped white-tailed deer and moose to zero over the three-year period September 1, 2011 - August 31, 2014.

2.4 This rule is designed to permit the disease surveillance that is consistent with the goals set forth in 10 V.S.A. § 4081 and Act 54 to prevent the introduction or spread of a disease, or parasite, by imported animals that are harmful to humans and wild animals, specifically, but not exclusively, the spread of "Chronic Wasting Disease" ("CWD"), bovine tuberculosis, and rabies.

2.5 In accordance with 10 V.S.A. § 4081, "It is the policy of the state that...As provided by Chapter II, § 67 of the Constitution of the State of Vermont, the fish and wildlife of Vermont are held in trust by the state for the benefit of the citizens of Vermont and shall not be reduced to private ownership. The state of Vermont, in its sovereign capacity as a trustee for the citizens of the state, shall have ownership, jurisdiction, and control of all of the fish and wildlife of Vermont."

Section 3.0 Definitions

3.1 "Animals" means all members of the animal kingdom, wild or domestic.

3.2 "Board" means the Vermont Fish and Wildlife Board.

3.3 "Captive animal" has the same meaning as under 10 V.S.A. § 4715(a)(1).

3.4 "Cervid," "Cervidae," and "deer" means any member of the Cervidae family.

3.5 "Chronic Wasting Disease" ("CWD") means a transmissible spongiform encephalopathy (TSE) of cervids.

3.6 "Commissioner" means the Vermont Fish and Wildlife Department Commissioner.

3.7 "Department" means the Vermont Department of Fish and Wildlife.

3.8 "Enclosure" means a structure designed to restrict the free movement of animals and the area within that structure.

3.9 "Herd" means one or more cervids that are under common ownership or supervision permitted under this rule and are grouped on one or more parts of any single premises (lot, farm or ranch), and all cervids under common ownership or supervision on two or more premises which are geographically separated but on which cervids have been commingled or had direct or indirect contact with one another.

3.10 "Herd inventory" means an official list maintained by the facility of all of the animals enclosed within the facility including individual animals' official or approved identifications.

3.11 "Hunting" means the taking of an animal by use of a firearm, muzzleloader, bow or crossbow or other implement authorized by the General Assembly, or the Vermont Fish and Wildlife Board to pursue or take any live animal.

3.12 "Import" means any act of transporting animals into Vermont from any state or country.

3.13 "Permit" means a written authorization from the Commissioner specifically granting a request to import and/or possess animals for hunting within an authorized facility.

3.14 "Relevant captive cervidae facility" shall mean a captive cervidae facility subject to the requirements of Sec. E.702.1 of No. 156 of the Acts of the 2009 Adj. Sess. (2010). [][n1] []

[n1 Repealed by Act 54, [] Section 5.]

3.15 "Take and taking" means pursuing, shooting, hunting, killing, capturing, trapping, snaring and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, such a taking must be by lawful means and in a lawful manner." 10 V.S.A. § 4001(23).

Section 4.0 Scope of the Rule

4.1 On September 1, 2011, the relevant captive cervidae facility shall be regulated as a captive hunt facility under the Fish and Wildlife Board's rule governing the importation and possession of animals for taking by hunting as set forth in 10 V.S.A. App. § 19.

4.2 This rule does not supersede the requirements of 10 V.S.A. App. § 19.

4.3 Nothing in this rule is intended to modify or abridge the authority of the Commissioner to authorize the taking of white-tailed deer and moose pursuant to 10 V.S.A. Section 4138.

Section 5.0 Record, Reporting and Disease Surveillance [ ][n2]

5.1 Records

a) Availability: Documentation shall be made available to Department personnel immediately upon request or 24 hours if not practicable.

b) Content: Information provided in the records shall be kept on forms provided by the Department. Information shall include: where animals originated, travel (sale) history, individual animal identification, certificate of veterinary inspection, carcass and sample identification numbers, sex, species, and age. Information shall also include the name and address of any person taking a white-tailed deer or moose and the identification number of the animal taken.

[n2 These recording keeping and reporting requirements mirror those found in 10 V.S.A. App. § 19 and are repeated here to meet the requirements of Act 54.]

5.2 Animal Health: Captive animals shall have sufficient food, water, and cover, as well as a variety of topographical areas and vegetation types that are not to become excessively degraded over time due to over-stocking of animals. Animals shall receive humane and proper treatment in accordance with accepted agricultural or veterinarian practices.

5.3 Identification:

a) Any captive animal within the enclosure shall have a minimum of two official/approved unique identifiers. At least one of these identification systems shall include visible identification and at least one shall include identification as approved by the Commissioner.

b) Other means of identification are available for approval subject to 10 V.S.A. App. § 19, Section 5.2(b).

Section 6.0 Annual Herd Assessment

In order maintain successful surveillance, the Department shall, on September 1 of each year conduct an annual assessment, including:

6.1 Herd Inventory

a) The number of white-tailed deer and moose taken by the means of hunting by August 31 of that year;

b) The number of white-tailed deer or moose experiencing mortality by August 31 of that year; and

c) The total number of white-tailed deer and moose remaining in the relevant captive hunt facility and the herd inventory identification numbers for each animal.

6.2 Inspection of the Facility

Inspections may include, but are not limited to, records kept under this rule, perimeter fencing, captive animals, and any structures within the facility. Requests for inspection shall take place during reasonable business hours.

6.3 Removal of Wild Cervids

a) Any untagged white-tailed deer or moose shall be considered a wild animal;

b) All such animals will be removed either by the relevant captive hunt facility owner or the Department at the Department's discretion.

6.4 Monitoring: Facilities operating under this rule shall allow the Commissioner, or the Commissioner's designee, to inspect the permitted relevant captive hunt facility and records at any time.

6.5 Testing of Animals: Testing of animals shall be in accordance with the rules of the Secretary of Agriculture, Food and Markets. The head of any white-tailed deer or moose experiencing mortality by any means shall be preserved consistent with CWD testing protocols and notice shall be provided to the Department within 24 hours.

Section 7.0 Open Season and Restrictions

7.1 There is no closed season for taking of white-tailed deer and moose within the relevant captive hunt facility subject to the following restrictions:

a) Shooting Hours: 1/2 before sunrise - 1/2 after sunset;

b) No Fee: No fee, other than for guide services, shall be charged by the relevant captive cervidae facility for the right to take white-tailed deer or moose;

c) Escape or Release: No person may knowingly or intentionally allow wild cervidae at the relevant captive cervidae facility to escape or to be released from the facility;

d) Tagging: A person taking a white-tailed deer or moose within the facility shall immediately tag the big game carcass upon taking with a tag provided by the Department. The tag shall be placed on the big game carcass in a location that is open to view. Such tag shall remain on the big game carcass during possession and transportation.

e) Legal Means: Any white-tailed deer or moose taken by any legal means as prescribed in 10 V.S.A. Appendix § 37.

f) License: Any person taking an animal within the relevant captive hunt facility shall possess a valid and current Vermont hunting license.

g) No Limit: There is no possession limit on persons taking white-tailed deer or moose within the facility so long as it is properly tagged under this rule. The annual deer limit contained in 10 V.S.A. App. § 37, and any moose hunting limit contained in 10 V.S.A. App. § 33 shall not apply to white-tailed deer and moose legally taken under this rule.

Section 8.0 Percentages of White-tailed Deer and Moose to be Taken Per Year

8.1 September 1, 2011 - August 31, 2012

a) White-Tailed Deer

i) Antlerless: 55% of antlerless deer

ii) Antlered: 55% of adult males (bucks)

b) Moose: 50% of the all the moose

8.2 September 1, 2012 - August 31, 2013

a) White-Tailed Deer

i) Antlerless: 65% of antlerless deer

ii) Antlered: 65% of adult males (bucks)

b) Moose: 50% of the all the moose

8.3 September 1, 2013 - August 31, 2014

a) 100% of the remaining deer

b) 100% of the remaining moose [n3]

[n3 Consistent with Act 54, Sec. 5(c)(2)(B)(i)(I).]

Section 9.0 Posting

9.1 Pursuant to Act 54, the owner of the relevant captive cervidae facility may post his or her land according to 10 V.S.A. § 5201 and may restrict access to the facility for hunting.

History

• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082
• EFFECTIVE DATE: November 23, 2011 Secretary of State Rule Log #11-045

Chapter 082 AERIAL HUNTING (10 V.S.A. APP section 20)

12-082 Code Vt. R. 12-010-082-X AERIAL HUNTING (10 V.S.A. APP section 20)

Section 1.0 Authority

This rule is adopted pursuant to 10 V.S.A. § 4081(a). In adopting this rule, the Fish and Wildlife Board is following the policy established by the general assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance. In accordance with 10 V.S.A 4084(a)(4), the Fish and Wildlife Board has the authority to prescribe the manner and means of taking any species or variety, and including reporting and tagging of game.

Section 2.0 Purpose

The purpose of this rule is to restrict the taking of wild animals by use of aircraft and drones.

Section 3.0 Definitions

a) "Aircraft" means a contrivance used for navigation of or flight in the air and specifically includes, but is not limited to, planes, helicopters, hang-gliders, hot air balloons and any other device that allows a person to fly or hover above the ground.

b) "Take or taking" as defined in 10 V.S.A. § 4001: pursuing, shooting, hunting, killing, capturing, trapping, snaring and netting fish, birds and quadrupeds and all lesser acts, such as disturbing, harrying or worrying or wounding or placing, setting, drawing or using any net or other device commonly used to take fish or wild animals, whether they result in the taking or not; and shall include every attempt to take and every act of assistance to every other person in taking or attempting to take fish or wild animals, provided that when taking is allowed by law, reference is had to taking by lawful means and in lawful manner.

c) "Unmanned aerial vehicle" means any device capable of flying in the air which is remotely, automatically or otherwise piloted without an occupant, including but not limited to drones.

d) "Wild animal" as defined in 10 V.S.A. § 4001: all animals, including birds, fish, amphibians, and reptiles, other than domestic animals.

Section 4.0 Aerial Hunting and Taking Prohibitions; Generally

4.1 It shall be unlawful for any person to take or attempt to take wild animals while a person is in an aircraft.

4.2 It shall be unlawful for any person to take or attempt to take wild animals by use of an UAV.

4.3 It shall be unlawful for any person within an aircraft, or with the use of a drone or UAV, to:

a) attempt to locate, surveil, or aid or assist in attempting to locate or surveil any wild animal, for the purpose of taking or attempting to take the wild animal; or

b) drive or harass any wild animal, or otherwise aid or assist in taking or attempting to take a wild animal.

Section 5.0 Authorized Exceptions

Nothing in this rule shall be construed to relieve or modify the requirement to comply with applicable state and federal regulations, regarding aircraft and UAVs or, to apply to qualified personnel carrying out their lawful duties, in compliance with applicable state and federal regulations and permits, regarding aircraft and "UAVs".

History

• STATUTORY AUTHORITY: 10 V.S.A. § 4084
• EFFECTIVE DATE: March 14, 2015 Secretary of State Rule Log #15-004

Chapter 083 PUBLIC USE OF VERMONT FISH AND WILDLIFE DEPARTMENT SHOOTING RANGES (10 V.S.A. APP. section 15B)

12-083 Code Vt. R. 12-010-083-X PUBLIC USE OF VERMONT FISH AND WILDLIFE DEPARTMENT SHOOTING RANGES (10 V.S.A. APP. section 15B)

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4146 which authorizes the Commissioner to adopt rules "as necessary for the proper protection and management" of public shooting grounds.

1.2 This rule is only applicable to shooting range facilities which are owned by the Vermont Fish and Wildlife Department and are open to the general public.

Section 2.0 Purpose

2.1 The purposes of this rule are to regulate public activities and use at Vermont Fish and Wildlife Department shooting ranges, to provide for the safe and efficient operation of these facilities and to protect the health, safety, and welfare of the public.

Section 3.0 Requirements and Prohibited Activities at all Department Shooting Ranges

3.1 All range users shall:

a) have a valid Vermont hunting, fishing or combination license as required for individuals 15 years of age and older, unless attending an event or training sponsored by the Department;

b) be limited to one unlicensed visitor and shall be held accountable for the visitor. All visitors shall be required to purchase his or her own license after 3 visits during the range year (April 1 [st ] - Dec 14 [th ]).

c) wear hearing and eye protection, this includes both shooters and spectators;

d) not handle or shoot any firearms while anyone is beyond or in front of the firing line, shooting benches or otherwise down range;

e) communicate to all shooters to cease shooting, before going down range;

f) point any firearm in a safe direction at all times;

g) cap and prime muzzleloaders from the firing line;

h) keep all firearms unloaded, with actions open, until the shooter is ready to fire at the firing line; and

i) remove and place all discarded objects, trash, targets and spent cartridge hulls in trash receptacles before leaving the range.

3.2 The following activities are strictly prohibited:

a) The use of the shooting range at any other time than the range hours posted at the range by the Commissioner of the Vermont Fish and Wildlife Department.

b) The use of tracer, armor piercing or steel core ammunition.

c) The shooting of any airborne or thrown objects (e.g. clay pigeons), unless designated for such purpose.

d) Shooting long rifles and shotguns from any pistol bench.

e) Shooting handguns from the long-gun benches.

f) Shooting outside the designated shooting areas, in front of the firing line or, anywhere other than from or right next to shooting benches.

g) Shooting any target other than paper targets secured to the target frames and raised above ground level, unless attending an event or training sponsored by the Department. No other targets shall be allowed.

h) Shooting at the vegetation, trash, range equipment or facilities.

i) Shooting from the hip or any other shooting position in which the shooter cannot properly utilize the sights.

j) The use of lighted tobacco products such as cigarettes, cigars, and pipes; and the use of alcohol, or any illegal substances.

k) The presence at the facility or use of the facility by any person who is under the influence of alcohol or any illegal substances.

l) Children (aged 15 years or younger) that are not accompanied by an individual over the age of 18, unless attending an event or training sponsored by the Department.

m) The presence of any domestic animal or pets on the range except bona fide Service and Assistance Animals.

n) The use of any fireworks, pyrotechnics, or any other explosive targets, including tannerite.

Section 4.0 Hours of Operation and Prohibited Activities Applicable Only to Hammonds Cove Shooting Range

4.1 Unless otherwise posted at the discretion of the Commissioner of the Fish and Wildlife Department, the Hammond Cove Shooting Range shall be open: April 1 to December 14, Thursday through Monday, 10AM to 3PM; except Sundays, 10AM to 2PM.

4.2 Hammonds Cove Shooting Range shall be closed December 15 through March 31; and on all Vermont State & Federal Holidays; except for special events approved by the Commissioner.

4.3 Firing more than one round per second is prohibited at Hammonds Cove Shooting Range.

History

• STATUTORY AUTHORITY: 10 V.S.A. § 4146
• EFFECTIVE DATE: January 1, 2016 Secretary of State Rule Log #15-024

Chapter 084 BOW AND ARROW HUNTING (10 V.S.A. APP. Section 4)

12-084 Code Vt. R. 12-010-084-X BOW AND ARROW HUNTING (10 V.S.A. APP. Section 4)

Unless otherwise prohibited by federal law, any game which may be taken by shooting may be taken by use of bow and arrow, or by crossbow where authorized by Vermont Fish and Wildlife Board rules.

History

• EFFECTIVE DATE:
• January 1, 2016 Secretary of State Rule Log #15-039
• AMENDED:
• January 1, 2020 Secretary of State Rule Log #19-043
• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4082, 4084

Chapter 085 HANDHELD SPEAR, SPEARGUN, CROSSBOW, AND BOW AND ARROW (10 V.S.A. APP. section 107)

12-085 Code Vt. R. 12-010-085-X HANDHELD SPEAR, SPEARGUN, CROSSBOW, AND BOW AND ARROW (10 V.S.A. APP. section 107)

a) A person holding a hunting or combination license may take fish by handheld spear or speargun in accordance with 10 V.S.A. Appendix § 122. Section 122 sets forth the list of species that may be taken, the season, and the waters where the fish species may be taken. A Handheld Spear (including "spearing" in Title 10 § 4606(e)) is a manually powered spear used from above the water's surface. A Speargun is a pneumatic or rubber band powered device with a line not to exceed 20 feet attached to a spear, used from below the water's surface. Spearguns shall be loaded and discharged only beneath the surface of the water and shall be used while snorkeling/freediving only. Spearing while SCUBA diving is not permitted.

b) A person who holds a fishing or combination license may take fish species allowed under § 122 by bow or crossbow with line attached to arrow during the season provided and in waters designated by § 122 of these regulations.

c) A person who takes a fish by handheld spear, speargun, bow or crossbow with line attached to arrow, in accordance with § 122, shall keep the fish in his or her possession until the fish is permanently removed from waters of the state and used or disposed of properly.

History

• EFFECTIVE DATE: January 1, 2018 Secretary of State Rule Log #17-040
• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081 to 4083; 4605

Chapter 086 COMMERCIAL ANGLING RULE (10 V.S.A. APP. Section 123)

12-086 Code Vt. R. 12-010-086-X COMMERCIAL ANGLING RULE (10 V.S.A. APP. Section 123)

Section 1.0 Authority

1.1 This rule is adopted pursuant to 10 V.S.A. § 4083 and 10 V.S.A. § 4611. This rule implements the policy established by the General Assembly that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this State is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the State requires a constant and continual vigilance.

1.2 In accordance with 10 V.S.A. § 4083 and 10 V.S.A. § 4611 this rule establishes requirements related to purchase and sale of fish including, but not limited to, prohibiting fish species, seasons, limits, reporting requirements and possible permit requirements.

Section 2.0 Purpose

The purpose of this rule is to:

2.1 Establish the conditions for anglers to sell legally harvested approved fish species.

2.2 Establish the process and requirements for businesses and/or individuals to purchase fish legally harvested by anglers.

2.3 Establish a list of fish species in addition to those listed in 10 V.S.A. § 4611 that are prohibited for sale by anglers.

Section 3.0 Definitions

3.1 Angler - Any person engaged in the take or attempted take of fish, by any method.

3.2 Buyer - Any person engaged in the purchase of fish harvested within this state.

3.3 Legally Harvested - Any fish species harvested by any lawful methods approved under the provisions of this part.

3.4 Seller - Any person engaged in the sale of fish harvested within this state.

Section 4.0 Selling Fish

4.1 No angler shall sell fish species which are not legally harvestable or are listed in 10 V.S.A. § 4611 or in Section 6.0 of this rule.

4.2 Anglers shall provide information about their commercial fishing activity to the Department as required by the Commissioner.

Section 5.0 Buying Fish

5.1 No person or business shall buy fish for resale without a Fish Buyer Permit issued by the Commissioner.

5.2 No person or business shall buy fish species which are not legally harvestable or are listed in 10 V.S.A. § 4611 or in Section 6.0 of this rule.

5.3 A Fish Buyer Permit shall be effective from January 1 through December 31.

5.4 A holder of Fish Buyer Permit must submit quarterly reports as required by the Commissioner. Reports shall include but not limited to pounds purchased for each size group by species (Jan-Mar; April-June; July-Sep; Oct-Dec). The reports will include information from all species purchased. Additionally, the percentage of purchased amount from Lake Champlain shall be broken out and reported separately.

5.5 The Fish Buyer's reports shall be submitted within 30 days of the last day of the quarter (March 31, June 30, September 30, December 31).

5.6 The Fish Buyer Permit provides Fish Buyer an exemption from specific creel/possession limits. This exemption to creel and possession limits is restricted to the address specified above under "Business Location", which is defined as an established immobile place of business (not directly on the ice or on any public waters or public access areas), and the transport of legally bought and/or sold fish within the State of Vermont, from the Permitted Fish Buyer's Business Location.

5.7 Failure to comply with these rules, including submission of quarterly reports, may result in the revocation of a Fish Buyer Permit.

Section 6.0 List of Species Prohibited for Sale and Purchase

Species listed in 10 V.S.A. § 4611

History

• EFFECTIVE DATE: January 1, 2018 Secretary of State Rule Log #17-040
• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081 to 4083; 4605

Chapter 087 PRIVATE STOCKING OF FISH IN PUBLIC AND PRIVATE WATERS

12-087 Code Vt. R. 12-010-087-X PRIVATE STOCKING OF FISH IN PUBLIC AND PRIVATE WATERS

Section 1.0 Authority

1.1 Title 10 V.S.A § 4081(a) provides that the protection, propagation, control, management, and conservation of fish, wildlife, and furbearing animals in Vermont is in the interest of public welfare and that the safeguarding of these valuable resources for the people of the state requires a constant and continual vigilance.

1.2 This rule is adopted in accordance with 10 V.S.A. § 4605(c) which authorizes the Commissioner to promulgate rules and require a permit prior to introducing or attempting to introduce fish species into waters of the State.

Section 2.0 Purpose

2.1 The purposes of this rule are to protect the health of Vermont's fish populations by preventing the introduction of fish species or pathogens that have the potential to cause harm to the fish populations of the state, and to implement the fish management objectives of the Department.

Section 3.0 Definitions

3.1 "Fish" means all live fresh- and salt-water fish species including viable fish ovum and viable fish semen.

3.2 "Department" means the Vermont Department of Fish and Wildlife.

3.3 "Commissioner" means the Vermont Department of Fish and Wildlife Commissioner.

3.4 "Permit" means the Fish Stocking Permit required under this rule.

3.5 "Person" means an individual, association, corporation, partnership, or municipality, or other entity.

3.6 "Private Fish Propagator" means a private fish culture facility that has been approved by the Department and has been issued a Vermont Fish Breeders License or Fish Importation Permit.

3.7 "Private Pond" means a body of standing water as defined by 10 V.S.A. § 1442(14), that is a natural water body of not more than 20 acres located on property owned by one person or an artificial water body of any size located on property owned by one person. A "private pond" shall include a reservoir specifically constructed for one of the following purposes: snowmaking storage, golf course irrigation, stormwater management, or fire suppression.

3.8 "State" means State of Vermont.

3.9 "Stocking" means the intentional release of fish into Waters of the State of which they did not originate

3.10 "Waters of the State" means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, which are contained within, flow through or border upon the State or any portion of it, as defined by 10 VSA § 1251(13).

Section 4.0 Fish Stocking Permit Requirements

4.1 A person shall not stock any Waters of the State, with any fish species or fish eggs without first obtaining a Fish Stocking Permit from the Commissioner of the Department, except that:

a) A Fish Stocking Permit is not required to stock a Private Pond with no inlet or outlet with access to Waters of the State; however, other rules such as rules or statutes regarding possession and transport of fish may apply; and

b) A person or Private Fish Propagator may stock a Private Pond with an inlet or outlet with access to Waters of the State; located on property owned by one person, with brook trout (Salvelinus fontinalis), brown trout (Salmo trutta), and rainbow trout (Oncorhynchus mykiss) without a permit provided that the person stocks no more than 4,000 fish annually to a single pond.

4.2 A person or Private Fish Propagator shall only stock brook trout, brown trout, or rainbow trout in Waters of the State.

4.3 The Commissioner may waive the permit requirement in 4.1 for persons cooperating or partnering with the Department.

4.4 If a permit is required under this rule, the person who owns the fish at the time of stocking shall apply for the permit.

4.5 Fish stocked in Waters of the State shall originate from Private Fish Propagators approved by the Department.

4.6 A person who purchases fish from a Private Fish Propagator, a Vermont Conservation District, or other approved source, and transports those fish themselves, shall be directly liable for compliance with the provisions of this rule.

4.7 This rule shall not apply to stocking conducted by Department staff or stocking conducted under the supervision of or at the direction of the Commissioner.

Section 5.0 Permit Applications

5.1 All applications for a Fish Stocking Permit shall be complete and submitted to the Department on an application form provided by the Department. For an application to be considered complete, it shall be legible, shall contain all information requested by the Department, shall contain no false statements, shall bear the applicant's official signature and shall be accompanied by the required application fee.

5.2 During review of an application, the Commissioner shall consider the following criteria:

a) The water source and discharge location of the waterbody;

b) Fish species and fish communities in connected waters or watershed;

c) The health of native or naturalized fish species;

d) Fisheries management activities and objectives in connected waters or watershed; and

e) Any other information the Commissioner deems to be relevant to maintaining the health and management objectives of the Waters of the State to be stocked.

5.3 A permit issued under this subsection shall include conditions that ensure the health and safety of Vermont's fish communities.

Section 6.0 Inspections

6.1 Persons holding a Fish Stocking Permit shall allow inspection at reasonable times of their premises, facilities, records, and fish by the Commissioner or the Commissioner's designee(s).

6.2 The permittee shall retain a copy of the permit and make it available for inspection by the Commissioner or the Commissioner's designee(s).

6.3 The permittee shall possess a copy of the permit and exhibit upon request of the Commissioner or the Commissioner's designee(s) at the time of stocking.

Section 7.0 Quarantine, Destruction or Sterilization Where Disease and/or Harmful Species are Present

7.1 At the expense of the owner, the Department may require the seizure and/or destruction of any fish that the Commissioner determines:

a) Has been stocked or possessed in violation of this rule or a permit issued under this rule,

b) Poses a threat to Vermont fisheries, or

c) Is confirmed to have a fish pathogen or disease.

7.2 The Commissioner may require commercial hatchery ponds or ponds under private ownership to be sterilized using a method approved by the Department at the expense of the owner if, upon inspection, a harmful fish pathogen or species is confirmed.

History

• EFFECTIVE DATE: February 1, 2018 Secretary of State Rule Log #18-002
• STATUTORY AUTHORITY: 10 V.S.A. §§ 4081, 4605

Chapter 088 BAITFISH (10 V.S.A. APP. Section 107)

12-088 Code Vt. R. 12-010-088-X BAITFISH (10 V.S.A. APP. Section 141)

Section 1.0 Authority.

This rule is adopted pursuant to 10 V.S.A. §4081(b). In adopting this rule, the Fish and Wildlife Board is implementing the policy that the protection, propagation, control, management, and conservation of fish, wildlife and fur-bearing animals in this state is in the interest of the public welfare and that the safeguarding of this valuable resource for the people of the state requires a constant and continual vigilance.

In accordance with 10 V.S.A. §4082, this rule is designed to maintain the best health, population and utilization levels of Vermont's fisheries.

In accordance with 10 V.S.A. §4083, this rule establishes open seasons; establishes daily, season, possession limits and size limits; prescribes the manner and means of taking fish; and prescribes the purchase, sale, and use of baitfish.

Section 2.0 Purpose.

2.1 This rule applies to fish used as bait. This rule shall apply to all persons who take, possess, transport, use, purchase, or sell baitfish.

2.2 The purpose of this rule is to:

a) conserve and protect the fish, and fisheries in the state,

b) maintain the best health of species and natural ecological systems in the state,

c) prevent the introduction or spread of diseases or parasites harmful to humans and wild species, and

d) prevent the escape or release of non-native species or species that injure or compete with natural ecological systems and processes.

Section 3.0 Definitions.

3.1 "Application" means a specific form provided by the Department of Fish and Wildlife.

3.2 "Baitbox" means a receptacle used for holding or keeping baitfish alive for personal use. A legal baitbox shall not exceed 25 cubic feet in volume.

3.3 "Baitfish" means fish species and parts thereof, living or dead, used for the purpose of attracting and catching fish.

3.4 "Baitfish zone" means a specific geographic area, where it is permissible to use baitfish in accordance with this rule, and the area is described and depicted on a map by the Commissioner and posted on the Department website.

3.5 Restricted Water" means a specific waterbody and any listed tributaries where the use of baitfish is restricted in accordance with this rule, and the waterbody is described and depicted on a map by the Commissioner and posted on the Department website.

3.6 "Commissioner" means the Commissioner of the Vermont Department of Fish and Wildlife.

3.7 "Department" means the Vermont Department of Fish and Wildlife.

3.8 "Fish hatchery" refers to any fish culture station, hatchery, or artificial rearing pond which grows or maintains baitfish for sale in Vermont.

3.9 "Ice fishing" means a manner of fishing as described in 10 V.S.A App. §122 Subsection 4.0.

3.10 "Open-water fishing" means a manner of fishing as described in 10 V.S.A. App. §122 Subsection 3.0.

3.11 "Permit" is a document from the Commissioner granting a Commercial Bait Dealers Permit.

3.12 "Waterbody" means any lake, pond, river, or stream including all tributaries upstream to the first barrier impassable to upstream fish movement.

3.13 "Commercially preserved baitfish" means baitfish which are chemically treated in a manner approved by the Department, and then packaged for retail sale.

3.14 "Personal baitfish harvest" and "Personally harvested baitfish" means baitfish taken for non-commercial use.

3.15 "Non-Restricted Water" means any waterbody not included in the list of Restricted Waters

Section 4.0 Personal Baitfish Harvest.

4.1 Personally harvested baitfish from black-list waters shall not be used on any other waters or transported away from the black-list water from which they were harvested.

4.2 Personally harvested baitfish may be used on multiple waterbodies and may be transported away from the waterbody from which they were collected and retained for later use, provided that all of the following criteria are met:

4.2.1 The personally harvested baitfish shall not be harvested from or have been previously used on a Restricted Water;

4.2.2 Personally harvested baitfish shall only be used in the same baitfish zone they were harvested in; and

4.2.3 A person using personally harvested baitfish on any waterbody that is different from the waterbody where the baitfish was harvested shall possess a wild baitfish endorsement in accordance with Subsection 6.0 of this rule.

4.3 A person shall only harvest for use as bait those fish species listed under Subsection 8.1, 8.2, 8.3, and 8.4 of this rule.

4.4 Personally harvested baitfish shall only be taken by the following methods:

a) minnow traps no longer than eighteen inches with an entrance for fish not exceeding one inch in diameter,

b) dip nets, cast nets, and umbrella nets not exceeding a total of 51 square feet of mesh, or a seine net not exceeding 25 feet in length,

c) Open-water/ice fishing by hook and line.

4.5 No person shall personally harvest baitfish in seasonally closed waters for trout as listed in 10 V.S.A. App. §122, Subsection 67.0, except during the open season for trout. Personal baitfish harvest in seasonally closed waters during open seasons for trout shall only be conducted by open-water/ice fishing or the use of minnow traps no longer than eighteen inches with an entrance for fish not exceeding one inch in diameter.

4.6 All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.

4.7 Baitfish may be held on the water in a baitbox as defined in Subsection 3.2 of this rule.

4.8 Only a person with a valid wild baitfish endorsement (Subsection 6.0) may transport unused personally harvested baitfish, collected in Non-restricted Water, away from waters of the state for later use. Baitfish may be held in waters of the baitfish zone where they were harvested provided the water is not a Restricted Water or waters described in Subsection 12.0. Outside of the baitfish zone where harvested, the baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflows to such waters of the state.

4.9 No person shall personally harvest baitfish from any waterbody of the state that is defined as closed to baitfish harvest. The Department will maintain and make available a list of closed waters.

4.10 Fish eggs may be collected from legally harvested fish from Vermont waters, and used immediately as bait on the same water where taken unless that waterbody has been closed to baitfish collection. Personally harvested fish eggs shall not be transported and used in any waterbody other than the waterbody where the fish eggs were harvested. No person shall transport fish eggs away from a waterbody and return them to the same waterbody for use as bait unless they have been processed in a manner approved by the Department as described on the Department website.

Section 5.0 Commercially Purchased Baitfish.

5.1 No person shall import baitfish into the State of Vermont without a fish importation permit, except as provided for in subsections 5.8 and 5.9 of this rule.

5.2 A person purchasing commercial baitfish shall retain a transportation receipt issued by a state-approved commercial bait dealer, authorizing transportation of baitfish overland. The receipt shall contain the following information:

1. A unique receipt identification number,

2. The name and telephone number of the bait dealer,

3. time and date of sale,

4. species purchased,

5. quantity purchased,

6. baitfish zone or black-list water (limited to one) in which the baitfish will be used, and

7. the signature of purchaser.

5.3 A person in possession of commercially purchased baitfish shall only use those baitfish in the baitfish zone or black-list water recorded on the transportation receipt and shall retain and exhibit the receipt upon request of the Commissioner or the Commissioner's designee(s).

5.4 A transportation receipt shall be valid for 10 days from time and date of sale.

5.5 A person may transport unused commercially purchased baitfish away from waters of the state, and retain for later use in the same baitfish zone or black-list water as indicated on the baitfish transportation receipt, with the following prohibitions.

5.5.1 A person shall not transport unused commercially purchased baitfish away from a Restricted Water if the baitfish transportation receipt does not specify that Restricted Water.

5.5.2 A person shall not transport unused commercially purchased smelt for the use as bait away from a Restricted Water.

5.6 A person transporting unused commercially purchased baitfish away from waters of the state for later use may hold them in waters of the baitfish zone listed on the transportation receipt provided that the water is not a black-list water and the holding waters are not listed in subsection 12.0 of this regulation. Outside of the baitfish zone or black-listed water listed on the transportation receipt, the commercially purchased baitfish shall be kept in a closed container isolated from any inflow of lake, pond, or stream water, or outflow to such waters of the state.

5.7 Baitfish may be held beyond the 10 days period in a baitfish zone or Restricted Water provided they remain in the same waterbody in a baitbox in accordance with Subsection 3.2 of this rule.

5.8 A person may purchase baitfish from a New York baitshop for use in the Lake Champlain Restricted Water, provided the baitshop is Vermont-licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Lake Champlain Restricted Water are defined in 10 V.S.A. Appendix §122 Subsection 5.

5.9 A person may purchase baitfish from a New Hampshire baitshop for use in the Connecticut River Restricted Water, provided the baitshop is Vermont- licensed, and the baitfish are accompanied by a Vermont-issued baitfish transportation receipt. For the purposes of this rule, the Connecticut River is defined as all waters of the river including the bays, setbacks, and tributaries, but only to the first highway bridge crossing said tributaries on the Vermont side.

5.10 Commercially prepared and preserved baitfish and fish eggs available from retail stores may be purchased and used as bait, taken home, and kept for later use provided they are retained in the original packaging at all times.

Section 6.0 Wild Baitfish Endorsement.

6.1 Any person who wishes to use, sell, or transport personally harvested baitfish outside of the waterbody in which they were harvested must possess and exhibit upon request of the Commissioner or the Commissioner's designee(s) a wild baitfish endorsement as developed and administered by the Department.

6.2 A person who wishes to obtain a wild baitfish endorsement shall satisfactorily complete a wild baitfish certification course.

6.3 The wild baitfish certification course shall instruct participants regarding the requirements of the baitfish regulations and the vectors and risks associated with aquatic nuisance species and pathogens.

Section 7.0 Commercial Bait Dealers.

7.1 Any person who buys baitfish for resale or sells baitfish shall obtain a commercial bait dealers permit from the Commissioner except as provided for in subsection 7.2. Only persons operating a place of business and offering baitfish for sale to the public may apply for and hold a commercial bait dealers permit.

7.2 A commercial bait dealers permit is not required when:

7.2.1 A person only sells commercially preserved baitfish as defined in Subsection 3.13 of this rule.

7.2.2 A person sells baitfish as specified by subsections 8.1 and 8.2 to another angler while on the same waterbody where the baitfish were personally harvested.

7.2.3 A person sells personally harvested rainbow smelt and meets the following criteria:

7.2.3.1 The personally harvested rainbow smelt shall be harvested, transported, and possessed in accordance with subsection 4.0 of this regulation.

7.2.3.2 The buyer shall possess a valid zone-specific commercial a it dealers permit.

7.2.3.3 The commercial bait dealer's zone designation shall be the same zone from which the personally harvested rainbow smelt were harvested.

7.2.3.4 The seller shall possess a valid wild baitfish endorsement in accordance with subsection 6.0 of this regulation.

7.2.3.5 The seller shall complete and sign an affidavit, as specified by subsection 7.11.1 of this regulation, attesting the waterbody of origin for any personally harvested rainbow smelt that are sold.

7.3 Commercial bait dealers shall only purchase and sell the baitfish species listed under subsection 8.1 of this regulation. Commercial bait dealers may also sell rainbow smelt as bait, provided one of the following criteria are met:

7.3.1 Rainbow smelt are obtained from a fish hatchery approved by the Commissioner as set forth in subsection 7.5 of this regulation and its subsections: or

7.3.2 Rainbow smelt are harvested by open-water/ice fishing and sold for use on the same waterbody on which the bait dealer is located in accordance with subsection 7.6 of this regulation and its subsections; or

7.3.3 Rainbow smelt are commercially purchased or harvested in accordance with subsection 7.7 and its subsections.

7.4 Commercial bait dealers must declare in their permit application if they will be a statewide baitfish dealer, waterbody-specific baitfish dealer, or a zone-specific baitfish dealer (limited to one).

7.5 Statewide baitfish dealers are prohibited from possessing, buying or selling wild-caught baitfish.

7.5.1 Baitfish sold by statewide baitfish dealers shall originate from a fish hatchery approved by the Commissioner.

7.5.2 Statewide baitfish dealers shall hold or keep baitfish in waters drawn from a secure well, a municipal water source, or other water source approved by the Department.

7.5.3 Baitfish sold by statewide baitfish dealers may be used in waters throughout the state, except those waters listed in subsection 12.0 of this rule.

7.6 Waterbody specific baitfish dealers shall declare on their permit application the waterbody on which they are located.

7.6.1 Waterbody-specific baitfish dealers may harvest wild baitfish only from the declared waterbody and offer them for sale and use only on the declared waterbody.

7.6.2 The baitfish facilities of waterbody specific bait fish dealers shall discharge to their declared waterbody. The discharge treatment infrastructure shall adequately filter and disinfect water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements.

7.6.3 No waterbody-specific baitfish dealer shall harvest baitfish by netting in or on seasonally closed waters for trout as listed in 10 V.S.A. Appendix §122 Subsection 7.0 unless otherwise permitted by their commercial bait dealers permit. Waterbody specific baitfish dealers shall not operate dip nets, cast nets, or umbrella nets exceeding 51 square feet of mesh, or a seine net exceeding 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.

7.6.4 All traps, nets, baitboxes or other holding receptacles capable of taking, holding or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.

7.6.5 No person shall commercially harvest baitfish on any waterbody of the state that is listed as closed to baitfish harvest. The Department will maintain and make available a list of closed waters.

7.7 Zone-specific baitfish dealers shall declare on their permit application the waterbody on which they are located, the baitfish zone in which they are located, the baitfish zone from which they intend to harvest, and purchase wild baitfish (limited to one) and the baitfish zone where the baitfish they sell may be used (limited to one).

7.7.1 Zone-specific baitfish dealers shall be located in the baitfish zone which they intend to harvest, purchase, hold, and sell baitfish in, with the following exceptions:

7.7.1.1 Baitfish may be purchased from a fish hatchery approved by the Commissioner outside of the zone-specific dealer's baitfish zone and sold as zone-specific baitfish.

7.7.1.2 A Zone-specific baitfish dealer can be physically located outside of the baitfish zone in which they intend to sell baitfish for provided they hold or keep baitfish in water drawn from a secure water source as approved by the Department.

7.7.2 Zone-specific baitfish dealers shall harvest and purchase wild baitfish only from the declared baitfish zone where the baitfish they sell may be used, and such baitfish shall be offered for sale and use only in the declared baitfish zone or black-list water within the declared baitfish zone.

7.7.3 Zone-specific baitfish dealers may purchase wild rainbow smelt provided they meet the provisions of subsections 7.2.3 and 7.11.1 of this regulation.

7.7.4 Zone-specific baitfish dealers shall not harvest or purchase wild baitfish which are from or have been used previously on a black-list water nor shall they hold or keep baitfish in waters drawn from a black-list water.

7.7.5 The baitfish holding facilities of zone-specific baitfish dealers shall discharge to the declared baitfish zone or to a water treatment infrastructure which adequately filters and disinfects water to the satisfaction of the Department. Note that this does not relieve the baitfish dealer from compliance with all other applicable requirements.

7.7.6 No zone-specific baitfish dealer shall harvest baitfish by netting in seasonally closed waters for trout as listed in 10 V.S.A App §122 subsection 7.0, unless otherwise permitted by their commercial bait fish dealers permit. No zone-specific baitfish dealer shall operate dip nets, cast nets, or umbrella nets that exceed 51 square feet of mesh, or a seine net that exceeds 125 feet in length, for the purposes of taking fish for bait, unless otherwise permitted by their commercial bait dealers permit.

7.7.7 All traps, nets, baitboxes, or other holding receptacles capable of taking, holding, or keeping live baitfish in public waters shall be marked with the name, address, and telephone number of the owner and user.

7.7.8 No person shall commercially harvest baitfish on any waterbody of the state that is defined as closed to baitfish harvest. The Department will maintain and make available a list of closed waters.

7.8 A commercial bait dealer shall provide to each customer at the point of sale a copy of a transportation receipt containing the following information:

1. A unique receipt identification number,

2. The name and telephone number of the bait dealer,

3. time and date of sale,

4. species purchased,

5. quantity purchased,

6. baitfish zone or black-list water (limited to one) in which the baitfish will be used, and

7. the signature of purchaser.

7.9 A transportation receipt shall be valid for 10 days from time and date of sale.

7.10 Receipt books shall be provided to commercial bait dealers by the Department.

7.11 Any holder of a commercial bait dealers permit shall maintain receipts or records for each lot of wholesaled hatchery-raised or wild-caught baitfish introduced into their shop. The receipts or records shall include: name, address and telephone number of seller (for wholesaled baitfish), and date received, species identification, and quantity purchased or harvested, for wholesaled and wild-caught baitfish. The permit holder shall retain the receipts and records for at least one year after the date of sale or harvest. Receipts or records shall be provided to the Department immediately upon request.

7.11.1 Any holder of a commercial bait dealers permit that purchases personally harvested wild rainbow smelt from a person shall maintain a list of purchases which includes: name, address, telephone number, and signature of the seller, date of sale, quantity of fish purchased, and waterbody of origin. Such form will be provided by the Department to the commercial bait dealer.

Section 8.0 Approved Species of Fish for use as Bait.

8.1 Banded killifish Fundulus diaphanus

Blacknose dace Rhinichthys atratulus

Bluntnose minnow Pimephales notatus

Common shiner Luxilus cornutus

Creek chub Semotilus atromaculatus

Eastern silvery minnow Hybognathus regius

Emerald shiner Notropis atherinoides

Fallfish Semotilus corporalis

Fathead minnow Pimephales promelas

Golden shiner Notemigonus crysoleucas

Longnose dace Rhinichthys cataractae

Longnose sucker Catostomus catostomus

Mimic shiner Notropis volucellus

Northern redbelly dace Chrosomus eos

Spottail shiner Notropis hudsonius

White sucker Catostomus commersoni

8.2 Rainbow smelt Osmerus mordax may be taken only by open-water/ice fishing and may be commercially sold as bait.

8.3 The following additional fish species, or parts thereof, may be taken only by open-water/ice fishing and used for bait only in those waters where taken and shall not be transported alive from those waters.

Bluegill Lepomis macrochirus

Pumpkinseed Lepomis gibbosus

Rock bass Ambloplites rupestris

Yellow perch Perea flavescens

8.4 Lake Champlain -- In addition to subsection 8.2, the following fish species, or parts thereof, may be taken only by open-water/ice fishing in Lake Champlain and used as bait in Lake Champlain, as described in 10 V.S.A. App §122 subsection 5.0, and may not be commercially harvested or sold as bait; Alewife may only be used/possessed if dead:

Alewife Alosa pseudoharengus

White perch Marone americana

8.5 All other species of fish are prohibited for use as bait.

Section 9.0 Commercial Bait Dealer Application Process.

9.1 A person who wishes to obtain a commercial bait dealers permit shall apply to the Commissioner in writing on a form provided by the Department. The Department may require the applicant to submit such additional information as is necessary to determine that the permitted activities comply with the purposes of this regulation, including but not limited to fish health testing, and an analysis of the impact of the sale of baitfish on Vermont's fish species, fisheries, and natural ecosystems and processes.

9.2 If the application is deficient, the Department shall inform the applicant of the deficiencies and return the application within 30 days of receipt, along with any associated fee, to the applicant for revision and re-submission.

9.3 If the application is denied, the Commissioner shall, within 30 days of receipt of application, send the applicant a written denial setting forth the reasons for the denial.

Section 10.0 Permit Compliance.

10.1 The Permittee shall make the permit available upon request by Commissioner or Commissioner's designee. Premises and equipment used by persons to take, harvest, purchase, store, or sell in baitfish shall be accessible for inspection by the Commissioner and his or her designee. Samples for species determination or disease examination shall be provided immediately upon request.

10.2 Permittees shall provide the Department with additional information as requested on an annual basis or prior to the re-issuance of a new permit.

Section 11.0 Permit Revocation.

11.1 The Commissioner may revoke any permit for: any violation of a permit; failure to comply with this regulation; a violation of any regulations of the Board; a violation of the provisions of Part 4, Title 10, Vermont Statutes Annotated; or if the Commissioner determines that the revocation is necessary to protect fish or fisheries of Vermont.

11.2 The Commissioner shall comply with all applicable requirements of 3 V.S.A. Chapter 25, related to any permit revocation.

11.3 Appeals of the decisions of the Commissioner are subject to the Vermont Regulations of Civil Procedure.

Section 12.0 Use of fish as bait.

The use of fish in any form whether alive or dead for bait in fishing is prohibited in:

Adams Reservoir, Woodford;

Beaver Pond, Holland;

Beck Pond, Newark;

Beebe Pond, Sunderland;

Big Mud Pond, Mt. Tabor;

Blake Pond, Sutton;

Bourn Pond, Sunderland;

Branch Pond, Sunderland;

Cary Pond, Walden;

Cow Mountain Pond, Granby;

Griffith Lake, Mt. Tabor;

Jobs Pond, Westmore;

Lake Pleiad, Hancock;

Lewis Pond, Lewis;

Little Rock Pond, Wallingford;

Martins Pond, Peacham;

Mud Pond, Hyde Park;

North Pond, Chittenden;

Notch Pond, Ferdinand;

Red Mill Pond, Woodford;

Sterling Pond, Cambridge;

South America Pond, Ferdinand;

Stratton Pond, Stratton;

Unknown Pond, Averys Gore;

Unknown Pond, Ferdinand;

West Mountain Pond, Maidstone

and any additional waters created or reclaimed by the Department. This regulation shall be posted at all waters affected.

Adams Reservoir, Woodford;

Beaver Pond, Holland;

Beck Pond, Newark;

Beebe Pond, Sunderland;

Big Mud Pond, Mt. Tabor;

Blake Pond, Sutton;

Bourn Pond, Sunderland;

Branch Pond, Sunderland;

Cary Pond, Walden;

Cow Mountain Pond, Granby;

Griffith Lake, Mt. Tabor;

Jobs Pond, Westmore;

Lake Pleiad, Hancock;

Lewis Pond, Lewis;

Little Rock Pond, Wallingford;

Martins Pond, Peacham;

Mud Pond, Hyde Park;

North Pond, Chittenden;

Notch Pond, Ferdinand;

Red Mill Pond, Woodford;

Sterling Pond, Cambridge;

South America Pond, Ferdinand;

Stratton Pond, Stratton;

Unknown Pond, Averys Gore;

Unknown Pond, Ferdinand;

West Mountain Pond, Maidstone

and any additional waters created or reclaimed by the Department. This shall be posted at all waters affected.

History

• EFFECTIVE DATE:
• January 1, 2020 Secretary of State Rule Log #19-023
• AMENDED:
• January 1, 2024 Secretary of State Rule Log #23-024
• STATUTORY AUTHORITY: 10 V.S.A. §§4081 to 4083

Chapter 089 WILD ANIMALS GENERALLY (10 V.S.A. APP. Section 1)

12-089 Code Vt. R. 12-010-089-X WILD ANIMALS GENERALLY (10 V.S.A. APP. Section 1)

Section 1 Wild animals generally

Wild animals, other than protected birds or game or fur-bearing animals, may be taken at any time, by any lawful means, by any person, holding a valid license for such taking or by any person permitted by law to take game without a license.

History

• EFFECTIVE DATE:
• May 9, 1961
• STATUTORY AUTHORITY: 1961, Act. No. 119

Chapter 090 REPORT, BIG GAME (10 V.S.A. APP. Section 2)

12-090 Code Vt. R. 12-010-090-X REPORT, BIG GAME (10 V.S.A. APP. Section 2)

(a) Unless otherwise specified in the 10 App. V.S.A. section relating to the specific big game species, a person taking big game, as defined by 10 V.S.A. § 4001(31), pursuant to the seasons provided by law or regulation of the Fish and Wildlife Board, shall within 48 hours report the taking and exhibit the carcass in the manner required by the Commissioner. The Commissioner may authorize a person taking big game to report in the following manners including but not limited to; electronic reporting via email or website or mobile application, telephone, or in-person reporting. The Commissioner may waive the exhibition of the carcass unless requested by a warden. The Commissioner shall publish the reporting and exhibition requirements.

(b) Notwithstanding the reporting requirements of 10 App. V.S.A. § 7 subsection 8.3 of the Bear Management Rule and 10 App. V.S.A. § 33 subsection 14.3 of the Moose Management Rule, in the event of an emergency, the Commissioner may authorize any person who takes big game to report and exhibit the carcass in the manner required by the Commissioner. The Commissioner shall publish the reporting and exhibition requirements during the emergency period. For the purposes of this section, "emergency" shall mean "a serious, unexpected, and dangerous situation that poses a threat to public health or safety, or to wildlife or natural resources, and requires immediate action

(c) No big game carcass shall be transported out of the State without first being reported as required herein.

(d) The Commissioner shall pay to the authorized agent a fee of $ 1.00 for each report taken on species where reports are required by law.

History

• EFFECTIVE DATE:
• May 9, 1961
• AMENDED:
• 1963, Act No. 144; 1971, Act No. 84, § 5; 1976, Fish and Game Board Reg. No. -, eff. Jan. 1, 1977; 1977, Act No. 225 (Adj. Sess.), § 9, eff. April 12, 1978; 1982, Fish and Game Board Reg. No. 935, § 2, eff. Sept. 1, 1982; 1985, Act No. 120 (Adj. Sess.), § 6, eff. April 16, 1986; 1993, Fish and Wildlife Board Reg. No. 996 eff. April 22, 1993. SOS Log# 93-026; October 23, 2020 Secretary of State Rule Log #20-037
• STATUTORY AUTHORITY: 10 V.S.A. § 4082(a), 10 V.S.A. § 4084

Chapter 091 RABBIT, SQUIRREL; SALE (10 V.S.A. APP. Section 3)

12-091 Code Vt. R. 12-010-091-X RABBIT, SQUIRREL; SALE (10 V.S.A. APP. Section 3)

Section 3 Rabbit, squirrel; sale

A person shall not buy or sell wild rabbit or gray squirrel at any time.

History

• EFFECTIVE DATE:
• May 9, 1961
• STATUTORY AUTHORITY: 1961, Act. No. 119

Chapter 092 BOW AND ARROW STANDARDS (10 V.S.A. APP. Section 5)

12-092 Code Vt. R. 12-010-092-X BOW AND ARROW STANDARDS (10 V.S.A. APP. Section 5)

Section 5 Bow and arrow standards

No person shall hunt deer with bow and arrow if the arrow has an arrowhead that measures less than seven-eighths of an inch at its widest point or that has less than two sharp cutting edges.

History

• EFFECTIVE DATE:
• May 9, 1961
• AMENDED:
• 1963, Fish and Game Board Reg. No.-, eff. Aug. 23, 1963.
• STATUTORY AUTHORITY: 1961, Act. No. 119

Chapter 093 DAY (10 V.S.A. APP. Section 101)

12-093 Code Vt. R. 12-010-093-X DAY (10 V.S.A. APP. Section 101)

Section 101 Day

Unless otherwise specifically provided, the legal day for purposes of this chapter shall begin at twelve o'clock midnight and continue until the next 12:00 midnight.

History

• EFFECTIVE DATE:
• May 9, 1961
• STATUTORY AUTHORITY: 1961, Act. No. 119

Chapter 094 HOUR (10 V.S.A. APP. Section 102)

12-094 Code Vt. R. 12-010-094-X HOUR (10 V.S.A. APP. Section 102)

Section 102 Hour

Fish may be taken during the open season at any hour of the day.

History

• EFFECTIVE DATE:
• May 9, 1961
• STATUTORY AUTHORITY: 1961, Act. No. 119

Chapter 095 SHOOTING PICKEREL (10 V.S.A. APP. Section 108)

12-095 Code Vt. R. 12-010-095-X SHOOTING PICKEREL (10 V.S.A. APP. Section 108)

Section 108 Shooting Pickerel

A person holding a hunting or combination license may take pickerel by shooting, during the season provided therefor and in waters designated by section 122 of these regulations.

History

• EFFECTIVE DATE:
• May 9, 1961
• STATUTORY AUTHORITY: 1961, Act. No. 119

Chapter 096 ATLANTIC SALMON MANAGEMENT IN CONNECTICUT RIVER (10 V.S.A. APP. Section 116)

12-096 Code Vt. R. 12-010-096-X ATLANTIC SALMON MANAGEMENT IN CONNECTICUT RIVER (10 V.S.A. APP. Section 116)

Section 116 Atlantic salmon management in Connecticut River

(a) Definitions.

(1) "Angling" means fishing with hook and line which must be personally attended.

(2) "Fly fishing" means angling with the use of a single fly with either a single or double (side by side) hook, whose gape may not exceed 1/2 inch, dressed with hair, feathers, tinsel, thread, yarn or similar material. The use of lead core lines is prohibited. Additional weight may not be built into the fly in its construction, as in a weighted nymph, and no additional weight or other attachments such as spinners or swivels shall be attached to the hook, leader or line, and the use of open or closed face spinning reels, spin cast reels, free spool reels, bait casting reels or similar devices is prohibited.

(3) "River" means the main stem of the Connecticut River from a line drawn from Griswold Point in Old Lyme, Connecticut to Lynde Point, Old Saybrook, Connecticut upstream to the base of the dam at Lake Francis in Pittsburg, New Hampshire.

(4) "Snagging" (snatching, lifting or jigging) means the taking or attempting to take any fish by foul hooking, that is, hooking the fish in any part of the body other than inside the mouth.

(5) "States" means the Connecticut River basin states of Connecticut, Massachusetts, New Hampshire and Vermont.

(6) "Take" or "taking" means killing or capturing or otherwise rendering into possession.

(b) Connecticut River Basin Atlantic Salmon License.

(1) In accordance with the authorizing statutes, no person shall take, attempt to take, assist in taking or possess on the waters or the shores of the river or any of its tributaries any Atlantic salmon without first having obtained a Connecticut River basin Atlantic salmon license.

(2) Such license shall be issued by the states on forms provided by the Commission and shall be valid during the calendar year of issue.

(3) No person shall be issued such license unless such person has first obtained the appropriate sport fishing license required by the state which is to issue the Connecticut River basin Atlantic salmon license.

(4) Such license shall be displayed in a conspicuous manner on the outer garment at all times when angling for Atlantic salmon.

(5) The fee for such license shall be ten dollars and fifty cents ($ 10.50), fifty cents ($ 0.50) of which may be retained by the state of issuance.

(c) Seasons, methods and limits.

(1) No person shall take or attempt to take from the river or possess on the waters or shores of the river any Atlantic salmon except that the Commission, acting under Article VIII, Section 6 of its Statement of Practices and Procedures, when it has evidence that sufficient numbers of Atlantic salmon have returned to the river, may declare an open season in the river or in specified sections of the river for such periods as it deems appropriate and may close such season for cause.

(2) Upon the declaration of an open season for Atlantic salmon in the river, the Commission shall provide, to the states, Connecticut River Atlantic salmon tags to be issued, at no additional cost, to holders of the Connecticut River basin Atlantic salmon license in a number determined by the Commission to be the individual season creel limit. Any person taking any Atlantic salmon in the main stem of the Connecticut River shall immediately attach thereto a Connecticut River salmon tag and the possession of an Atlantic salmon on the waters or shores of the river without such tag attached and the removal of such tag prior to preparation for consumption is prohibited.

(3) During any open season declared by the Commission, Atlantic salmon may be taken by fly fishing only, the minimum length for Atlantic salmon shall be fifteen (15) inches and the daily and seasonal creel limit shall be as determined by the Commission upon declaration of an open season.

(4) Any Atlantic salmon taken under the provisions of this section must be presented for inspection within forty-eight (48) hours to an authorized agent of the fish and wildlife agency in the state in which such Atlantic salmon was taken.

(5) The snagging of Atlantic salmon is prohibited.

(6) The taking of Atlantic salmon with the aid of an artificial light is prohibited.

(7) No Atlantic salmon may be taken within 250 feet of any dam or fishway.

(8) The use of a gaff to land Atlantic salmon is prohibited.

(9) All Atlantic salmon taken contrary to this section shall be immediately returned, without avoidable injury, to the water from which taken.

(d) Scientific purposes. Nothing in this section shall prohibit a duly authorized state, federal, or Commission employee, acting within the scope of official employment, from taking or possessing Atlantic salmon for the purposes of research, management or propagation.

(e) Penalties. Any person who violates any provision of this section shall be subject to the penalties set forth in the statutes of the state in which the violation occurred. Upon conviction of any person for any violation of any provision of this section, the Connecticut River basin license issued to such person and the right to obtain such license shall be suspended for a period of one year for the first violation, two years for the second violation and five years for the third and subsequent violations. Upon suspension of said license, any Connecticut River Atlantic salmon tags issued under the provisions of this section shall be surrendered to the state of issuance.

(f) Effective date. The effective date of this section shall be June 1, 1985.

History

• EFFECTIVE DATE:
• June 1, 1985 (Connecticut River Atlantic Salmon Commission Regs.)

Chapter 097 VALLEY BROOK SPAWNING WATERS (10 V.S.A. APP. Section 124)

12-097 Code Vt. R. 12-010-097-X VALLEY BROOK SPAWNING WATERS (10 V.S.A. APP. Section 124)

Section 124 Valley Brook-Spawning waters

Pursuant to the provisions of 10 V.S.A. § 4140, the below named waters are declared spawning grounds for game fish and are hereby closed to the taking of fish from October 1 to October 31.

Orleans County

Valley Brook Tributary to Seymour Lake is to be closed in its entirety.

History

• EFFECTIVE DATE:
• October 1, 1986