2012 Vermont Statutes
Title 10 Conservation and Development
Chapter 37 WETLANDS PROTECTION AND WATER RESOURCES MANAGEMENT
§ 905b Duties; powers

§ 905b. Duties; powers

The department shall protect and manage the water resources of the state in accordance with the provisions of this subchapter and shall:

(1) study and investigate the streams in the state and their basins, and cooperate with federal agencies in mapping them and in collecting and compiling data relating to run off and stream flow;

(2) cooperate with natural resources conservation districts;

(3) have supervision over and act as the state's agency in all matters affecting flood control, channel clearing and river bank protection. To discharge this responsibility, the department shall

(A) develop flood control policies and a flood control program that balances the need to protect the environment with the need to protect public and private property. The policy and program shall direct appropriate remedial measures following significant flooding events and shall define appropriate flood hazard mitigation measures. These measures may include:

(i) flood debris removal and streambed and stream bank maintenance and restoration practices;

(ii) identification of disaster-prone areas;

(iii) land use planning assistance to minimize future damage from flooding;

(iv) flood proofing measures for existing vulnerable private or public structures;

(v) acquisition and relocation of structures away from hazard-prone areas;

(vi) development of state standards to protect public infrastructure from disaster damage;

(vii) structural hazard control, such as debris basins or floodwalls to protect critical facilities;

(viii) educating the public regarding the availability of flood insurance and the advisability of obtaining flood insurance;

(B) develop and implement steps to incorporate into other programs administered by the department measures that decrease the likelihood and impact of future flooding incidents;

(4) make studies and investigations or demonstrations of problems relating to water quality with respect to pollution and causes, prevention, control and abatement thereof as it may deem advisable, and when appropriate propose remedies to the legislature;

(5) encourage the construction of sewage disposal plants by municipalities; and encourage the construction of septic tanks and other proper methods of waste and sewage disposal in rural and industrial areas;

(6) after the construction or major reconstruction of sewage disposal plants and attendant facilities, and at least once every three years, and once in any 12-month period upon petition by 10 or more people in interest from the municipality or an adjacent municipality, inspect the facilities so constructed, and similar facilities constructed for the purpose, to determine the efficiency of operation and maintenance, and submit a report to the appropriate municipal officials;

(7) foster and encourage recreational uses of the waters of the state and for this and other purposes cooperate with municipalities of the state and with agencies of the state concerned;

(8) accept and acquire in the name of the state by purchase, gift or donation property rights in the waters of the state and facilities or improvements therein and for the purposes aforesaid improve and maintain the same;

(9) administer loans, grants and contracts from the federal, state and local governments and from other sources, public and private, with the approval of the governor, for furthering the water resources program of the state as embodied in the statutes;

(10), (11) [Repealed.]

(12) make available to any municipality in the state, to the extent funds are available, assistance relating to surveys, studies and plans for pollution abatement works;

(13) undertake a continuing study and investigation of the groundwater in the state and cooperate with other governmental agencies in collecting and compiling data relating to the quantity, quality and location of groundwater;

(14) subject to the approval of the governor, enter into contracts and agreements with the United States as are considered necessary and advisable to provide, subject to legislative authority, assurances of state and local cooperation when those assurances are required by the United States for the purpose of providing protection against floods under federal flood protection projects;

(15) in order to adequately protect the interest of the state in its water resources, and subject to limitations of duties otherwise provided by law, cooperate with the appropriate agencies of the federal and Canadian governments or of this or other states, or any interstate bureau, group, division or agency with respect to the use of water from lakes and ponds, which are without or wholly or partially contained within this state, and to endeavor to harmonize any conflicting claims which might arise therefrom;

(16) assist municipalities in the development of water supplies and in the construction of facilities for storage, distribution and treatment of potable water supplies and approve all plans for the construction of such facilities, provided that plans shall also be approved by the state board of health prior to construction. The department may provide planning and engineering assistance as requested in matters relating to preliminary surveys, studies and plans, if such assistance is not otherwise available, except that the department's authority shall not infringe on the duties of the state board of health or local health officials with respect to quality of domestic water supplies;

(17) adopt in accord with the Administrative Procedure Act those rules necessary for the proper administration of its duties;

(18) study and investigate the wetlands of the state and cooperate with municipalities, the general public, other agencies, and the board in collecting and compiling data relating to wetlands, propose to the board specific wetlands to be designated as Class I wetlands, issue or deny permits pursuant to section 6025 of this title and the rules authorized by this subdivision, issue wetland determinations pursuant to section 914 of this title, issue orders pursuant to section 1272 of this title, and in accordance with 3 V.S.A. chapter 25, adopt rules to address the following:

(A) the identification of wetlands that are so significant they merit protection. Any determination that a particular wetland is significant will result from an evaluation of at least the following functions and values which a wetland serves:

(i) provides temporary water storage for flood water and storm runoff;

(ii) contributes to the quality of surface and groundwater through chemical action;

(iii) naturally controls the effects of erosion and runoff, filtering silt, and organic matter;

(iv) contributes to the viability of fisheries by providing spawning, feeding, and general habitat for freshwater fish;

(v) provides habitat for breeding, feeding, resting, and shelter to both game and nongame species of wildlife;

(vi) provides stopover habitat for migratory birds;

(vii) contributes to an exemplary wetland natural community, in accordance with the rules of the secretary;

(viii) provides for threatened and endangered species habitat;

(ix) provides valuable resources for education and research in natural sciences;

(x) provides direct and indirect recreational value and substantial economic benefits; and

(xi) contributes to the open-space character and overall beauty of the landscape;

(B) the ability to reclassify wetlands, in general, or on a case-by-case basis;

(C) the protection of wetlands that have been determined under subdivision (A) or (B) of this subdivision (18) to be significant, including rules that provide for the issuance or denial of permits and the issuance of wetland determinations by the department under this chapter; provided, however, that the rules may only protect the values and functions sought to be preserved by the designation. The department shall not adopt rules that restrain agricultural activities without the consent of the secretary of agriculture, food and markets and shall not adopt rules that restrain silvicultural activities without the consent of the commissioner of forests, parks and recreation;

(19) cooperate with the agencies of the federal government and of the province of Quebec, adjoining states, and states through which water from Vermont streams flow in all matters relating to interstate streams;

(20) cooperate with the state board of health in matters of stream pollution where public health is involved;

(21) act as the Vermont secretary of natural resources mentioned in the act of Congress, entitled "An act authorizing the construction of certain public works on rivers and harbors for flood control and for other purposes," approved December 22, 1944. In this connection, the department shall carry out the policy of the state as defined by section 1100 of this title. (Added 1981, No. 222 (Adj. Sess.), § 11; amended 1983, No. 173 (Adj. Sess.), § 1; 1985, No. 188 (Adj. Sess.), § 3; 1987, No. 76, § 9; 1989, No. 88, § 1; 1997, No. 51, § 1; 1997, No. 137 (Adj. Sess.), § 2, eff. July 1, 1999; 2001, No. 143 (Adj. Sess.), § 55; 2003, No. 115 (Adj. Sess.), § 17, eff. Jan. 31, 2005; 2009, No. 31, §§ 4, 14(b); 2011, No. 138 (Adj. Sess.), § 20, eff. May 14, 2012.)