2016 Vermont Statutes
Title 10 - Conservation and Development
Chapter 43 - Dams
§ 1100 Federal cooperation

§ 1100. Federal cooperation

As a basis for cooperation with the federal government and its duly established agencies in the matter of flood control, the State defines its policy with reference to flood control developments as follows:

(1) A flood control project, which shall contemplate as an incident thereof, the generation of electric energy, shall not be built on any waters within the State without the certificate of the Public Service Board provided for in this chapter having first been obtained in the manner herein provided by the proper federal agency or authority, having in charge the building of such flood control project. Any modifications of flood control dams erected by authority of the federal government in this State shall not be made with a view to their utilization for the generation of electric energy, except by like authority first being obtained;

(2) Where such flood control project is strictly for flood control purposes, no village or city in this State shall be inundated, flooded, or destroyed thereby;

(3) Adequate compensation shall be made to any town whose grand list shall be substantially adversely affected by such strictly flood control project for the loss of its tax revenue;

Subdivision (4) effective until January 1, 2018; see also subdivision (4) effective January 1, 2018 set out below.

(4) Where cultivated agricultural lands in excess of one hundred acres are to be taken for the purposes of a flood control project, or the recreational development of the State or the economy of the river basin involved may be affected thereby, the Department, of its own motion, may, and upon petition to it by interested parties, shall, appoint a time and place for hearing in the vicinity of the flood control project, hold a public information meeting after giving notice to interested parties as it directs. Upon hearing, the Department shall determine the effect the flood control project will have upon agricultural land uses or recreational values in this State, or upon the economy of the river basin involved, and report its findings and recommendations to the proper federal agency or authority having the flood control project in charge for its consideration and recognition.

Subdivision (4) effective January 1, 2018; see also subdivision (4) effective until January 1, 2018 set out above.

(4) Where cultivated agricultural lands in excess of one hundred acres are to be taken for the purposes of a flood control project, or the recreational development of the State or the economy of the river basin involved may be affected thereby, the Department shall provide notice, an opportunity to submit comments, and an opportunity to request a public meeting in accordance with section 7713 (Type 2 Procedures) of this title. The Department shall determine the effect the flood control project will have upon agricultural land uses or recreational values in this State, or upon the economy of the river basin involved, and report its findings and recommendations to the proper federal agency or authority having the flood control project in charge for its consideration and recognition. The Department shall post its findings and recommendations as a final decision in accordance with chapter 170 of this title. (Amended 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 16; 2015, No. 150 (Adj. Sess.), § 14, eff. Jan. 1, 2018.)