§ 1079. Purpose

§ 1079. Purpose It is the purpose of this chapter to protect public safety and provide for the public good through the inventory, inspection, and evaluation of dams in the State. (Added 2017, No. 161 (Adj. Sess.), § 1.)

§ 1080. Definitions

§ 1080. Definitions As used in this chapter: (1) “Department” means the Department of Environmental Conservation. (2) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity. (3) “Interested person” […]

§ 1081. Jurisdiction of Department and Public Utility Commission

§ 1081. Jurisdiction of Department and Public Utility Commission (a) Powers and duties. Unless otherwise provided, the powers and duties authorized by this chapter shall be exercised by the Department, except that the Public Utility Commission shall exercise those powers and duties over nonfederal dams and projects that relate to or are incident to the […]

§ 1082. Authorization

§ 1082. Authorization (a) No person shall construct, enlarge, raise, lower, remodel, reconstruct, or otherwise alter any nonfederal dam, pond, or impoundment or other structure that is or will be capable of impounding more than 500,000 cubic feet of water or other liquid after construction or alteration, or remove, breach, or otherwise lessen the capacity […]

§ 1083. Application

§ 1083. Application (a) Any person who proposes to undertake an action subject to regulation pursuant to section 1082 of this title shall apply in writing to the State agency having jurisdiction. The application shall set forth: (1) the location; the height, length, and other dimensions; and any proposed changes to any existing dam; (2) […]

§ 1084. Department of Fish and Wildlife; investigation

§ 1084. Department of Fish and Wildlife; investigation The Commissioner of Fish and Wildlife shall investigate the potential effects on fish and wildlife habitats of any proposal subject to section 1082 of this title and shall certify the results to the State agency having jurisdiction prior to any hearing or meeting relating to the determination […]

§ 1085. Notice of application

§ 1085. Notice of application Upon receipt of the application required by section 1082 of this title, the State agency having jurisdiction shall give notice to the legislative body of each municipality in which the dam is located and to all interested persons. (1) The Department shall proceed in accordance with chapter 170 of this […]

§ 1086. Determination of public good; certificates

§ 1086. Determination of public good; certificates (a) “Public good” means the greatest benefit of the people of the State. In determining whether the public good is served, the State agency having jurisdiction shall give due consideration to, among other things, the effect the proposed project will have on: (1) the quantity, kind, and extent […]

§ 1087. Review of plans and specifications

§ 1087. Review of plans and specifications For any proposal subject to authorization under section 1082 of this title, the State agency having jurisdiction shall employ an engineer to investigate the property, review the plans and specifications, and make additional investigations as the State agency having jurisdiction considers necessary to ensure that the project adequately […]

§ 1089. Employment of engineer

§ 1089. Employment of engineer With the approval of the Governor, the State agency having jurisdiction may employ an engineer to investigate the property, review the plans and specifications, and make such additional investigation as the State agency shall deem necessary, and such engineer shall report to the State agency his or her findings in […]

§ 1090. Construction supervision

§ 1090. Construction supervision The construction, alteration, or other action authorized in section 1086 of this title shall be supervised by an engineer employed by the applicant. Upon completion of the authorized project, the engineer shall certify to the agency having jurisdiction that the project has been completed in conformance with the approved plans and […]

§ 1095. Unsafe dam; petition; hearing; emergency

§ 1095. Unsafe dam; petition; hearing; emergency (a) On receipt of a petition signed by no fewer than ten interested persons or the legislative body of a municipality, the State agency having jurisdiction shall, or upon its own motion it may, institute investigations by an engineer as described in section 1087 of this title regarding […]

§ 1099. Appeals

§ 1099. Appeals (a) Appeals of any act or decision of the Department under this chapter shall be made in accordance with chapter 220 of this title. (b) Appeals from actions or orders of the Public Utility Commission may be taken in the Supreme Court in accord with 30 V.S.A. § 12. (Amended 1981, No. […]

§ 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) [Repealed.] (2) Where such flood control project is strictly for flood control purposes, no village or city […]

§ 1102. Federal receipts, distribution

§ 1102. Federal receipts, distribution All sums of money that the State receives from the United States under the provisions of section 701c-3 of Title 33 of the United States Code, as the same may be amended, being a portion of the rentals of property acquired and owned by the United States for purposes of […]

§ 1103. Approval for flood control dams

§ 1103. Approval for flood control dams (a) No department or agency of the federal government shall construct any flood control dam that is within the State of Vermont, either in whole or in part, or cause any land within the State of Vermont to be overflowed through the operation of a flood control dam […]

§ 1105. Inspection of dams

§ 1105. Inspection of dams (a) Inspection; schedule. All nonfederal dams in the State shall be inspected according to a schedule adopted by rule by the State agency having jurisdiction over the dam. (b) Dam inspection. A nonfederal dam in the State shall be inspected under one or both of the following methods: (1) The […]

§ 1106. Unsafe Dam Revolving Loan Fund

§ 1106. Unsafe Dam Revolving Loan Fund (a) There is hereby established a special fund to be known as the Vermont Unsafe Dam Revolving Loan Fund that shall be used to provide grants and loans to municipalities, nonprofit entities, and private individuals, pursuant to rules adopted by the Agency of Natural Resources, for the reconstruction, […]

§ 1107. Hazard potential classifications

§ 1107. Hazard potential classifications (a) The State agency having jurisdiction over a nonfederal dam listed in the Vermont Dam Inventory shall assess the hazard potential classification of the dam based on the potential loss of human life, property damage, and economic loss that would occur in the event of the failure of the dam. […]

§ 1108. Dam inventory; registration

§ 1108. Dam inventory; registration (a) Dam inventory. The Department of Environmental Conservation shall maintain a current inventory of all known dams in the State of Vermont. The Department of Environmental Conservation shall update and publish the Vermont Dam Inventory annually and shall include information collected in the Inventory as part of the Agency of […]