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Section 1272 Order

Vermont law (10 V.S.A. § 1272) enables the Secretary of Natural Resources to issue an order establishing proper methods to control an activity or manage substances which may cause a discharge to the waters of the state or which violate the rules of the Water Resources Board pertaining to significant wetlands. This special procedure may be used to authorize an activity where there is no present discharge or to establish conditions so that the possibility of a discharge is minimized or eliminated.

Examples of the activities that may be regulated with a Section 1272 Order include drawdowns or desilting operations in river impoundments and remediation of certain violations of the wetland rules.

There is no application form for a Section 1272 Order, but there is a $100 application fee. The typical procedure is for the person responsible for the activity to submit a letter describing in detail the proposed activity, project plans and maps as appropriate, a schedule and sequence of work, and proposed measures to be taken to control or prevent water pollution. A check in the amount of $100 should be included, made payable to the "State of Vermont."


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Updated: February 2006

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