Vermont Water Quality Permits - Wetland Regulation

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Wetland Regulation - Wetland Permits

The Vermont Wetland Rules (pdf, 84 KB) were originally adopted in 1990 by the Vermont Water Resources Board under 10 V.S.A. § 905(7) . Act 115 replaced the Vermont Water Resources Board with the Water Resources Panel in 2004. In 2010, the Water Resources Panel passed new Vermont Wetland Rules pursuant to 10 V.S.A. § 6025(d)(5). This statute limits the applicability of these rules to those wetlands which are so significant that they merit protection. Wetlands that are not significant should be assumed to have public value, and therefore may merit protection under other statutory or regulatory authority. The Vermont Wetland Rules identify and protect 10 functions and values of "significant" wetlands and establish a 3-tier wetland classification system to identify such wetlands. The first two classes of wetlands (Class I and Class II) are considered significant and protected under the wetland rules, along with their buffer zones (generally 100-foot for Class I and 50-foot for Class II). Vermont Significant Wetlands Inventory (VSWI) maps show an approximate location of many significant wetlands. In addition, wetlands contiguous to mapped wetlands, wetlands similar to mapped wetlands, and wetlands described in Section 4.6 of the Vermont Wetland Rules are presumed to be significant wetlands. Act 31 allows for the Secretary to make formal determinations regarding the classification of wetlands as Class II or Class III. Designation of wetlands as Class I requires rulemaking by the Water Resources Panel.

Activity in a Class I or Class II wetland or its associated buffer zone is prohibited unless it is an allowed use or authorized by a permit, conditional use determination or order issued by the Secretary. The Secretary may impose any conditions in such a permit that are deemed necessary to achieve the purposes of these rules. The Secretary may issue a permit authorizing an activity occurring within a Class I wetland only to meet a compelling public need to protect public health or safety.

****Note: As of July 1, 2010, new fees shall apply to Conditional Use Determinations and Wetland Permits as outlined in Act 134.

Other Wetland Regulatory Programs

Class III wetlands are those wetlands that do not provide signficant function and value according to the Vermont Wetland Rules. These wetlands are not protected by the Vermont Wetland Rules and a Vermont Wetland Permit is not required for projects in Class III wetlands. Class III wetlands may, however, be protected by other federal, state or local laws and regulations, including those administered by the U.S. Army Corps of Engineers and the Vermont Environmental Board (Act 250). Projects that require a federal permit will also require a Section 401 Water Quality Certification.

In 1986, the Vermont Legislature passed an act that allowed for state and local protection of wetlands in Vermont. The legislation enabled Vermont towns and cities to protect wetlands at the local level. This can be accomplished through the Town's municipal plan, zoning and subdivision regulations, shoreland protection bylaws, health ordinances and flood hazard regulations.

Additional Resources