§ 1023. Investigation, permit
§ 1023. Investigation, permit (a) Upon receipt of an application, the Secretary shall cause an investigation of the proposed change to be made. Prior to making a decision, a written report shall be made by the Secretary concerning the effect of the proposed change on the watercourse. The permit shall be granted, subject to such […]
§ 1024. Appeals
§ 1024. Appeals Appeals of any act or decision of the Secretary under this chapter shall be made in accordance with chapter 220 of this title. (Added 1965, No. 111, § 4, eff. June 22, 1965; amended 1971, No. 185 (Adj. Sess.), § 236, eff. March 29, 1972; 1975, No. 150 (Adj. Sess.), § 5; […]
§ 1025. Penalty
§ 1025. Penalty (a) A prosecution under this subsection may be commenced in the Superior Court of the county in which the alleged violation occurred. A person who violates a provision of this subchapter may be fined not more than $10,000.00. Each violation may be a separate offense upon commission. In the case of a […]
§ 1027. Rulemaking; emergency permit
§ 1027. Rulemaking; emergency permit (a) The Secretary may adopt rules to implement the requirements of this subchapter. (b) The Secretary shall adopt rules regarding the permitting of stream alteration activities under this subchapter during a state of emergency declared under 20 V.S.A. chapter 1 or during flooding or other emergency conditions that pose an […]
§ 1031. Policy on water withdrawal for snowmaking
§ 1031. Policy on water withdrawal for snowmaking (a) This subchapter is intended to establish a policy for snowmaking that supports and is consistent with section 1001 of this title and with chapter 47 of this title, including the water quality standards. (b) This policy established under this subchapter is to: (1) assure the protection, […]
§ 1032. Rulemaking on snowmaking withdrawals
§ 1032. Rulemaking on snowmaking withdrawals The Secretary shall adopt rules to determine conservation flow standards for snowmaking, to be used in relevant Agency of Natural Resources regulatory processes governing water withdrawals, diversions, impoundments, and the construction of appurtenant facilities, and to be used in developing positions to be asserted by the Agency in other […]
§ 1001. Purpose
§ 1001. Purpose The Department of Environmental Conservation is created to administer the water conservation policy of this State. It is in the public interest that the waters of the State shall be protected, regulated, and where necessary controlled under the authority of the State. The proper administration of the water resources now and for […]
§ 1002. Definitions
§ 1002. Definitions As used in this chapter: (1) “Artificial regulation of stream flow” means the intermittent or periodic manipulation of water levels and the intermittent or periodic regulation of discharge of water into the stream below the dam. (2) “Banks” means that land area immediately adjacent to the bed of the stream, which is […]
§ 1003. Conference; recommendations
§ 1003. Conference; recommendations Whenever, in the opinion of the Department, it appears that the artificial regulation of stream flow as maintained by any person threatens the public interest or welfare or an emergency exists or is threatened, the Department may call to conference the owner or owners of the dam causing the artificial regulation […]
§ 1004. State’s agent
§ 1004. State’s agent The Secretary shall be the agent to coordinate the State interest before the Federal Energy Regulatory Commission in all matters involving water quality and regulation or control of natural stream flow through the use of dams situated on streams within the boundaries of the State, and it shall advise the Federal […]