The Vermont Wetland Rules (pdf, 84 KB) were adopted by the Vermont Water Resources Board under 10 V.S.A. § 905(7).  Act 115 replaced the Vermont Water Resources Board with the Water Resources Panel in 2004.  The Vermont Wetland Rules identify and protect 10 functions and values of "significant" wetlands and establish a 3-tier wetland classification system to identify such wetlands. The first two classes of wetlands (Class One and Class Two) are identified on the Vermont Significant Wetlands Inventory (VSWI) maps and are protected under the wetland rules. In addition, the buffer zones associated with these wetlands (100-foot buffer zone for Class One wetlands, and 50-foot buffer zone for Class Two wetlands) are also protected under the wetland rules.

Section 6.3 of the wetland rules states that all uses which are not allowed uses are conditional uses. Conditional uses are only allowed in significant wetlands or in adjacent buffer zones upon receiving a Conditional Use Determination (CUD). CUDs are issued by the Secretary of the Agency of Natural Resources only when it is determined that the proposed conditional use will not have undue adverse effects on the functions of a significant wetland.

Other Wetland Regulatory Programs

Class Three wetlands do not appear on the Vermont Significant Wetlands Inventory maps, or have been found by the Water Resources Board to be insignificant for providing the wetland functions when last evaluated. These wetlands are not protected by the Vermont Wetland Rules and a Conditional Use Determination is not required for projects in Class Three wetlands. Class Three wetlands may, however, be protected by other federal, state or local laws and regulations, including those administered by the U.S. Army Corps of Engineers and the Vermont Environmental Board (Act 250). Projects that require a federal permit will also require a Section 401 Water Quality Certification.

In 1986, the Vermont Legislature passed an act that allowed for state and local protection of wetlands in Vermont. The legislation that enabled the Water Resources Board to adopt the Vermont Wetland Rules protecting significant wetlands at the state level also enabled Vermont towns and cities to protect wetlands at the local level. This can be accomplished through the Town's municipal plan, zoning and subdivision regulations, shoreland protection bylaws, health ordinances and flood hazard regulations.

• Wetland Fact Sheet No. 5 (pdf, 20 KB) and the CUD Handbook (pdf, 163 KB) contain information on Conditional Use Determinations.
• CUD Application: pdf format (204 KB) or Word format (61 KB)
• CUD Application Complete Checklist for Consultants (pdf, 38 KB)
• The Wetlands Evaluation Form (pdf, 19 KB) is used by the wetlands ecologists to determine the functions and values of a wetland.
• Wetland Fact Sheet No. 4 (pdf, 18 KB) provides a summary of the Vermont Wetland Rules.
• Other Wetland Fact Sheets have information on wetland functions and values, buffer zones, wetland rule enforcement policies and other topics.
• Wetland Fact Sheet No. 20 (pdf, 26 KB) contains information on Class Three wetlands.
• Wetland Fact Sheet No. 9 (pdf, 20 KB) provides the Act 250 review guidelines for wetlands.
• Wetland Fact Sheet No. 16 (pdf, 22 KB) contains information on town wetland responsibilities.

Updated: November 2002