§ 902. Definitions

Wherever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) “Board” means the Natural Resources Board.

(2) “Department” means Department of Environmental Conservation.

(3) “Waters” means any and all rivers, streams, brooks, creeks, lakes, ponds, or stored water, and groundwaters, excluding municipal and farm water supplies.

(4) “Water resources” means the waters and the values inherent or potential in waters and their uses.

(5) “Wetlands” means those areas of the State that are inundated by surface or groundwater with a frequency sufficient to support significant vegetation or aquatic life that depend on saturated or seasonally saturated soil conditions for growth and reproduction. Such areas include marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, but excluding such areas as grow food or crops in connection with farming activities.

(6) “Class I wetland” means:

(A) a wetland identified on the Vermont significant wetlands inventory maps as a Class I wetland;

(B) a wetland that the former Water Resources Board identified in rules of the Board as a Class I wetland; or

(C) a wetland that the Secretary, based upon an evaluation of the extent to which the wetland serves the functions and values set forth in subdivision 905b(18)(A) of this title, determines is exceptional or irreplaceable in its contribution to Vermont’s natural heritage and, therefore, merits the highest level of protection.

(7) “Class II wetland” means a wetland other than a Class I or Class III wetland that:

(A) is a wetland identified on the Vermont significant wetlands inventory maps; or

(B) the Secretary determines to merit protection, pursuant to section 914 of this title, based upon an evaluation of the extent to which it serves the functions and values set forth in subdivision 905b(18)(A) of this title and the rules of the Department.

(8) “Class III wetland” means a wetland that is neither a Class I wetland nor a Class II wetland.

(9) “Buffer zone” means an area contiguous to a significant wetland that protects the wetland’s functions and values. The buffer zone for a Class I wetland shall extend at least 100 feet from the border of the wetland, unless the Department determines otherwise under section 915 of this title. The buffer zone for a Class II wetland shall extend at least 50 feet from the border of the wetland unless the Secretary determines otherwise under section 914 of this title.

(10) “Panel” means the Water Resources Panel of the Agency of Natural Resources.

(11) “Significant wetland” means any Class I or Class II wetland.

(12) “Secretary” means the Secretary of Natural Resources or the Secretary’s authorized representative. (Amended 1969, No. 281 (Adj. Sess.), § 4; 1981, No. 222 (Adj. Sess.), § 11; 1985, No. 188 (Adj. Sess.), § 1; 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 16, eff. Jan. 31, 2005; 2009, No. 31, § 3; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)