Overview: Wetland Rules• Act 31 and Rule Overview:• New Determination Process: • New Application:• CUD now is a Wetland Permit

Vermont Wetland Rules • 2005: Creation of NRB Water Resources

Panel

Appeals to Environmental Court

Lake Bomoseen Ruling• Wetlands Investigative Docket

Complete review of the Rules by Wetland Investigative Group

H. 447 (2009): Act 31• Authorized Secretary of ANR to classify

certain wetlands (Class II and III)• Provides for appeals to Env. Court• Authorized VSWI Map revisions• Changed “hydrophytic vegetation habitat”• Violations not an encumbrance on title

Policy Statement:• Preserve, protect and conserve significant

wetlands;• Prevent degradation and destruction of

wetlands;• Protect and enhance the quality.... of

surface waters…;• To regulate use and development of…

Retains Classification System:• Class I: exceptional and irreplaceable in

contribution to VT’s natural heritage• Class II: identified on VSWI maps or merits

protection based on an evaluation of functions and values in Sec. 6025(5)(A)-(K) and Rules of the NRB Water Resources Panel

• Class III: neither Class I or Class II

Buffer Zones• Default buffer zones remain the same• The Panel can change Class I buffers

through Rulemaking• ANR can change Class II wetland buffer

zones through an Administrative determination process

Allows for Wetland Permits• Pursuant to Sec. 6025 and Rules of the

Panel• Individual Wetland Permit replaces the

Conditional Use Determination• New General Permit: for minimal impact

activities

Effective dates:• New maps effective January 1, 2010• Changes effective 45 days after final Rules

are filed with the Sec. of State (Aug. 1, 2010) =

• September (14) 15.

New Wetland Rules

• Effective Date: September 15, 2010

Sec. 1 Purpose and Applicability• Interpretation Sec. 1.3 eliminated

• ANR now makes interpretations and formal determinations: Class II or III; buffer zone widths; mapping updates and corrections; boundary determinations

Sec. 2. Definitions:• Some new or updated definitions:

headwater wetland, marsh, swamp, vernal pool, seep, significant wetland;

• Class I, II, and III defined• Definition of wetland stays the same

Sec. 3. Wetland Exemptions :• Stays the same for Agricultural activities• Existing constructed features erroneously

mapped as wetlands; i.e. snowmaking ponds, sewage lagoons, etc.

• Permitted public highway projects with an Act 250 permit prior to Feb.23, 1990

Sec. 3. Identification of Wetlands:• Wetland delineation: follows the Corps

Manual (1987) and supplements (2010)• Uses vegetation, soils, hydrology• New plant list to replace 1988 List of Plant

Species That Occur in Wetlands• Map interpretation stays the same• ANR makes formal determinations

Sec. 4. Classification of Significant Wetlands

• Class I Wetland determinations remain with the NRB Water Resources Panel through rulemaking

• Establishes procedures for ANR determinations for Class II and III wetlands,

and designation of buffer zones

Sec. 4.6. Presumptions• Presumes wetlands similar in type and size

to those already mapped are presumed to be Class II wetlands

• Contains a list of wetland types and characteristics that contribute to significant wetland functions

Sec. 5. Functional Criteria….• Stays the same with some minor additions

or tweaks;• 5.5 eliminates “hydrophytic vegetation

habitat” replaces with “exemplary wetland natural community”

Sec. 6. Allowed Uses:• Adds BMP’s to some Allowed Uses

i.e. cleaning of ponds, repair and maintenance of utility lines and corridors

• Adds: wetland restoration projects, certain dry hydrant projects, cleanup for spills and hazardous materials

Sec. 7. Rulemaking Petitions:• Applies to Rulemaking by the Natural

Resources Board, Water Resources Panel• Essentially follows previous petition

guidance for the Water Resources Board content of petitions and distribution

• Adds Rulemaking section.

Sec. 8. Wetlands Determinations by the Secretary:

• Applies to Class II and Class III Wetlands• Includes a 30-day Notice period• Allows for Reconsideration• Allows ANR to make mapping corrections• Allows ANR to update the VSWI Maps

Sec. 9. Permits:• Follows the existing CUD process• Replaces Conditional Use Determination

with Wetland Permit• Allows for Individual and General Permits• Allows Permit approval in Class I wetlands

only for activities that meet a compelling public need or protect public health and safety

Sec. 9. Permits:• Contains grandfathered activites• Contains a provision to dismiss applications

for failing to provide requested information within 60 days

• Allows for “in-lieu fee” or mitigation bank approved by the Secretary.

• Changes General CUD to General Permit

Sec. 9.7 General Permits• For discrete categories of Class II wetlands• For discrete categories of activities• Not to exceed 5 years• Authorizations under the GP not to exceed

5 years• 45 day Notice period• NOI – 10 day notice

Sec. 9.8 Application for Authorization (Notice of Intent)

• May deny if requested info is not received within 60 days

• 10 day notice period• May require coverage under an Individual

Permit

Sec. 10. Appeals:• Fixes the Rules; appeals have gone to

Environmental Court since 2005.• Appeals from any act or decision of the

Secretary under these rules are governed by 10 VSA §8504.

Act 138 Transfers rulemaking authority: Vermont Wetland Rules Rulemaking to designate Class 1 wetlands

Sec. 5: Wetland Functions Sec. 5.1 Water Storage for Flood Water

and Storm Runoff: Reduce risks to public safety Reduce damage to property Reduce downstream erosion Enhance the stability of habitat for aquatic

life

Otter Creek and Tropical Storm Irene

example

Over to Ethan Swift