Activities that can affect lakes, ponds, rivers, streams, and wetlands may require one or more permits from the Agency of Natural Resources and other agencies. The Water Quality Division administers several such permit programs, and works cooperatively with other permitting agencies. This page provides an overview of those programs.

To view permits recently issued by the Water Quality Division and related notices, click here.

To assist permit applicants, and potential permit applicants, Agency permit specialists staff each of five regional offices. Permit specialists serve the public by providing detailed information and advice regarding permits that may be required for a specific project.

The Agency also publishes a Permit Handbook that contains detailed information about all state permits and many permits issued by other state and federal agencies.

Information on how to contact a permit specialist, an on-line version of the Permit Handbook, and other general permit information are available by clicking here.

The permit, or permits, that may be required will depend on the specifics of the project. Some common projects and the permits that may be needed are described below, and links to more detailed permit information are provided. This list is not exhaustive, and other types of projects may require one or more of the permits described here. If in doubt, it is best to contact the DEC permit specialist in your area.

Projects that will affect wetlands or their buffer zones (up to 100 feet from the wetland boundary), may require a Wetland Conditional Use Determination from the Water Quality Division. They may also require a permit from the U.S. Army Corps of Engineers. If that is the case, a Section 401 Water Quality Certification from the Water Quality Division will be required.

Projects that come under Act 250 jurisdiction will be required to address wetland issues during that review.

In accordance with the Federal Clean Water Act, the General Permit for Stormwater Runoff from Construction Sites ("CGP") regulates the discharge of stormwater runoff from qualifying construction sites in the state of Vermont where the activities result in the disturbance of five or more acres of land. The term disturbance includes all clearing, grading and excavation activities. Projects that are less than five acres in size but that are part of a phased or larger common plan of development or sale will need coverage under the CGP if the total area of disturbance will be five or more acres. In some cases, the activities must be authorized using an individual permit. For more information, please click here.

Construction in a river or stream on or within the banks may require a Stream Alteration Permit if 10 or more cubic yards of material will be involved, and if the watershed area is greater than 10 square miles. There is an exemption for small-scale gravel removal by riparian landowners, but the gravel removal must be reported to the Agency prior to excavation and must be for personal use. An Act 250 Permit may be required for projects in rivers and streams or within a buffer zone along the bank. Projects in, under, or over any rivers and streams may require a permit from the U.S. Army Corps of Engineers and a Section 401 Water Quality Certification from the Water Quality Division. We recommend that anyone contemplating work in or near rivers or streams contact a stream alteration engineer early in the planning stage.

Any project that encroaches beyond the normal summer water level of a lake or pond that is a public body of water may require a Shoreland Encroachment Permit. Encroachments include such projects as retaining walls or riprap to control shoreline erosion, commercial docks, large docks or docks involving concrete, dredging or filling, and repairs or replacements of existing encroachments. Some small projects may not require a permit, but it is best to check with the Water Quality Division to be sure.

If wetlands would be affected by the project, a Wetland Conditional Use Determination from the Water Quality Division may be required.

A permit from the U.S. Army Corps of Engineers may be required for projects or activities which encroach beyond the ordinary high water mark of Lake Champlain or Lake Memphremagog, including seasonal docks, moorings, jetties, beach replenishment or grading, shoreline stabilization, and water intakes. A Corps permit also may be required for projects on other lakes and ponds in the state, if the project involves the discharge of dredged or fill material or mechanized clearing beyond the ordinary high water mark. Projects that require a Corps of Engineers permit for the discharge of dredged or fill material or mechanized landclearing also require a Section 401 Water Quality Certification from the Water Quality Division before the Corps permit is issued.

Finally, some projects in lakes or ponds or within the buffer zone along the shoreline may require an Act 250 Permit.

Construction, reconstruction, alteration, modification, or removal of dams that can impound more than 500,000 cubic feet of water or other liquid require a Dam Order from the Department of Environmental Conservation. This program is managed by the Dam Safety Section of the Facilities Engineering Division. If the dam is associated with a hydroelectric project, it is regulated by the Public Service Board under the same statute (10 V.S.A. Chapter 43).

Some smaller dams may require a Stream Alteration Permit, if they would otherwise fall under the jurisdiction of that program. In addition, dams may require a Wetland Conditional Use Determination, an Act 250 Permit, a permit from the U.S. Army Corps of Engineers and Section 401 Water Quality Certification, as well as local permits. Finally, any project that will obstruct the movement of fish requires authorization from the Commissioner of Fish and Wildlife.

Water withdrawals in both streams and lakes usually require one or more permits. Act 250, Stream Alteration (in rivers), or Shoreland Encroachment (in lakes and reservoirs) permits may be needed, as well as a permit from the U.S. Army Corps of Engineers. As with other projects requiring a federal permit, a Section 401 Water Quality Certification from the Agency will be required before the permit is issued.

For most types of water withdrawals (except those for snowmaking), the Agency has adopted a procedure (pdf, 83 KB) that defines the standards and process used by the Agency during its review of project proposals. The procedure defines how the Agency will determine the minimum streamflow that is necessary to meet Vermont Water Quality Standards.

For snowmaking water withdrawals, the Agency has developed rules (pdf, 16 KB) as directed by 10 V.S.A. §§ 1031-1032. The rules serve the same purpose as the Agency procedure, but apply specifically to snowmaking projects.

Contact the Dam Safety and Hydrology Section for more information on water withdrawals.

An Aquatic Nuisance Control Permit is required to control nuisance aquatic plants, insects or other aquatic life (including lamprey) in Vermont waters. Some types of nuisance control activities are exempt. The use of chemical herbicides, bottom barrier materials or powered mechanical devices may require a Wetland Conditional Use Determination. As required by 10 V.S.A., Chapter 47, Section 1263a(i), the Secretary of the Agency of Natural Resources has adopted the revised Public Review and Comment Procedures for Aquatic Nuisance Permit Applications and General Permits (pdf, 129 KB), effective January 30, 2003.

There are currently five distinct Federal and State permits which regulate the runoff of stormwater. A permit could be required for construction of impervious surfaces (roads, buildings, parking lots, etc), for restoration of impaired waters in a few select watersheds, for stormwater runoff from certain industrial activities, for municipal management of stormwater in certain large municipalities, and for construction site runoff.  Click here for additional information on stormwater permits.

Drawdowns of lakes or impoundments and sediment-removal operations can result in downstream discharges of sediment. The projects often do not require permits from any of the programs described above. The Agency of Natural Resources, however, has the authority to issue what is known as a Section 1272 Order (named for the statutory authority in 10 V.S.A. § 1272) for activities that may result in a discharge that is not otherwise regulated or may potentially violate the Vermont Wetland Rules (pdf, 84 KB).

Updated: February 2006