2012 Vermont Statutes
Title 10 Conservation and Development
Chapter 37 WETLANDS PROTECTION AND WATER RESOURCES MANAGEMENT
§ 914 Wetlands determinations

§ 914. Wetlands determinations

(a) The secretary may, upon a petition or on his or her own motion, determine whether any wetland is a Class II or Class III wetland. Such determinations shall be based on an evaluation of the functions and values set forth in subdivisions 6025(d)(5)(A)-(K) of this title and the rules of the panel.

(b) The secretary may establish the necessary width of the buffer zone of any Class II wetland as part of any wetland determination pursuant to the rules of the panel.

(c) The secretary shall provide by certified mail written notice of a proposed determination to the owner of each parcel of land within or adjacent to the wetland or buffer zone in question; 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 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.

(d) The secretary shall provide, in person, by mail, or by electronic notice, a written copy of a wetland determination issued under this section to the owner of each affected parcel of land and to the requesting petitioner.

(e) The secretary may recommend to the panel that a wetland be classified as a Class I wetland under section 915 of this title. (Added 2009, No. 31, § 5.)