2011 Vermont Code
Title 06 Agriculture
Chapter 215 AGRICULTURAL WATER QUALITY
§ 4813 Basin management; appeals to the water resources board

§ 4813. Basin management; appeals to the water resources board

(a) The secretary of agriculture, food and markets shall cooperate with the secretary of natural resources in the basin planning process with regard to the agricultural non-point source waste component of each basin plan. Any person with an interest in the agricultural non-point source component of the basin planning process may petition the secretary of agriculture, food and markets to require, and the secretary may require, best management practices in the individual basin beyond accepted agricultural practices adopted by rule, in order to achieve compliance with the water quality goals in 10 V.S.A. { 1250 and any duly adopted basin plan. The secretary of agriculture, food and markets shall hold a public hearing within 60 days and shall issue a timely written decision that sets forth the facts and reasons supporting the decision.

(b) Any person engaged in farming that has been required by the secretary of agriculture, food and markets to implement best management practices or any person who has petitioned the secretary of agriculture, food and markets under subsection (a) of this section may appeal the secretary of agriculture, food and market's decision to the environmental division de novo.

(c) Before requiring best management practices under this section, the secretary of agriculture, food and markets or the board shall determine that sufficient financial assistance is available to assist farmers in achieving compliance with applicable best management practices. (Added 1991, No. 261 (Adj. Sess.), { 4; amended 2003, No. 42, { 2, eff. May 27, 2003; 2005, No. 78, { 3, eff. June 24, 2005; 2009, No. 154 (Adj. Sess.), { 236.)