2011 Vermont Code
Title 10 Conservation and Development
Chapter 41 REGULATION OF STREAM FLOW
§ 1002 Definitions

§ 1002. Definitions

Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) "Artificial regulation of stream flow" means the intermittent or periodic manipulation of water levels and the intermittent or periodic regulation of discharge of water into the stream below the dam.

(2) "Banks" means that land area immediately adjacent to the bed of the stream, which is essential in maintaining the integrity thereof.

(3) "Bed" means the maximum area covered by waters of the stream for not less than 15 consecutive days in one year.

(4) "Board" means the natural resources board.

(5) "Cross section" means the entire channel to the top of the banks.

(6) "Dam" applies to any artificial structure on a stream or at the outlet of a pond or lake, which is utilized for holding back water by ponding or storage together with any penstock, flume, piping or other facility for transmitting water downstream to a point of discharge, or for diverting water from the natural watercourse to another point for utilization or storage.

(7) "Department" means the department of environmental conservation.

(8) [Repealed.]

(9) "Person" means any individual; partnership; company; corporation; association; unincorporated association; joint venture; trust; municipality; the state of Vermont or any agency, department, or subdivision of the state, any federal agency, or any other legal or commercial entity.

(10) "Watercourse" means any perennial stream. "Watercourse" shall not include ditches or other constructed channels primarily associated with land drainage or water conveyance through or around private or public infrastructure.

(11) "Secretary" means the secretary of the agency of natural resources, or the secretary's duly authorized representative. (1965, No. 37, { 2; amended 1975, No. 150 (Adj. Sess.), { 1; 1981, No. 222 (Adj. Sess.), { 24; 1983, No. 193 (Adj. Sess.), { 9, eff. April 27, 1984; 1987, No. 67, { 10; No. 76, { 18; 1997, No. 106 (Adj. Sess.), { 1, eff. April 27, 1998; 2003, No. 115 (Adj. Sess.), { 18, eff. Jan. 31, 2005; 2009, No. 110 (Adj. Sess.), { 13, eff. March 31, 2011.)