Vermont Statutes Title 10 Sec. 1444
Terms Used In Vermont Statutes Title 10 Sec. 1444
- Best management practices: means approved activities, maintenance procedures, and other practices to prevent or reduce the effects of impervious surface or cleared area on water quality and natural resources. See
- Cleared area: means an area where existing vegetative cover, soil, tree canopy, or duff is permanently removed or altered. See
- Expansion: means an increase or addition of impervious surface or cleared area. See
- Impervious surface: means those manmade surfaces, including paved and unpaved roads, parking areas, roofs, driveways, and walkways, from which precipitation runs off rather than infiltrates. See
- Mean water level: means the mean water level of a lake as defined in the Mean Water Level Rules of the Agency of Natural Resources adopted under 29 V. See
- Parcel: means a portion of land or a tract of land with defined boundaries created by dividing the land by sale, gift, lease, mortgage foreclosure, court-ordered partition or decree, or filing of a plat, plan, or deed in the records of the municipality where the act of division occurred. See
- Private road: means a road or street other than a highway, as that term is defined in 19 V. See
- Protected shoreland area: means all land located within 250 feet of the mean water level of a lake that is greater than 10 acres in surface area. See
- road: shall include bridges thereon and their approaches. See
- Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
- Slope: means the vertical rise divided by the horizontal run of a plane expressed as a percentage. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Stormwater runoff: means precipitation and snowmelt that does not infiltrate into the soil, including material dissolved or suspended in it, but does not include discharges from undisturbed natural terrain or wastes from combined sewer overflows. See
- Vegetative cover: means mixed vegetation within the protected shoreland area, consisting of trees, shrubs, groundcover, and duff. See
§ 1444. Permit standards
(a) Permit standards; generally. Except for permits issued under section 1445 of this title, the Secretary shall issue a permit under this chapter if the permit applicant, including the State of Vermont, demonstrates that:
(1) cleared area or impervious surface shall be located at least 100 feet from the mean water level, except for shoreland stabilization measures designed to repair or prevent erosion or flood risks and approved by the Secretary;
(2) cleared area or impervious surface within the protected shoreland area shall be located on a site:
(A) with a slope of less than 20 percent; or
(B) that will have a stable slope with minimal erosion and minimal negative impacts to water quality;
(3)(A) no more than 20 percent of the protected shoreland area of the parcel shall consist of impervious surface; or
(B) best management practices will be used to manage, treat, and control erosion due to stormwater runoff from that portion of impervious surface that exceeds 20 percent of the protected shoreland area;
(4)(A) no more than 40 percent of the protected shoreland area of the parcel shall consist of cleared area, including area cleared for the purposes of creating impervious surface; or
(B) best management practices will be used to provide erosion control, bank stability, and wildlife habitat functionally equivalent to that which would be provided by clearing less than 40 percent of the protected shoreland area; and
(5) vegetative cover shall be managed according to the requirements of section 1447 of this title.
(b) Repair of highway, State forest highway, management road, or private road. Under this chapter, when the repair, emergency repair, or replacement of a highway, management road, State forest highway, or private road results in the construction, creation, or expansion of impervious surface or cleared area on a property adjacent to the highway, management road, State forest highway, or private road, the impervious surface or cleared area constructed or created on the adjacent property shall not be calculated as square footage of impervious surface or cleared area for purposes of permitting or registration under this chapter.
(c) Calculation of area. Under this chapter, the area of constructed, created, or expanded impervious surface or cleared area shall be the square footage as measured on a horizontal plane. (Added 2013, No. 172 (Adj. Sess.), § 2.)