This page does not list all Vermont water resources related regulations.

Aquatic Nuisance Species

ZEBRA MUSSEL; EURASIAN WATERMILFOIL; WATER CHESTNUT; QUAGGA MUSSEL
  (Vermont Statutes Annotated Title 10, Chapter 47, § 1266)

(a) No person shall transport zebra mussels (Dreissena polymorpha), Eurasian watermilfoil (Myriophyllum spicatum), quagga mussels (Dreissena bugensis), or water chestnut (Trapa natans) to or from any Vermont surface water. This section shall not restrict proper harvesting or other control activities undertaken for the purpose of eliminating or controlling the growth or propagation of zebra mussels, Eurasian watermilfoil, quagga mussels, or water chestnuts.

(b) The secretary may grant exceptions to persons to allow the transport of zebra mussels, Eurasian watermilfoil, quagga mussels, or water chestnuts for scientific or educational purposes. When granting exceptions, the secretary shall take into consideration both the value of the scientific or educational purpose and the risk to Vermont surface waters posed by the transport and ultimate use of the specimens. A letter from the secretary authorizing the transport must accompany the specimens during transport.

PENALTIES
  (Vermont Statutes Annotated Title 23, Chapter 29, § 3317)

(b) A person who violates section 1266 of Title 10, a rule promulgated under section 1424 of Title 10 or any of the following sections of this title shall be subject to a penalty of not more than $1,000.00 for each violation:

MINNOW NETS, TRAPS, TRANSPORTING and USE
  (Vermont Statutes Annotated Title 10, Chapter 2, § 106)

A person may take, transport, buy, sell, and use as bait, only the following species of fish: Blacknose dace, Bluntnose minnow, Common shiner, Creek chub, Eastern silvery minnow, Emerald shiner, Fallfish, Fathead minnow, Golden shiner, Longnose dace, Longnose sucker, Mimic shiner, Northern redbelly dace, Rainbow Smelt, Spottail shiner, and White sucker.

PEST SURVEY, DETECTION and MANAGEMENT
  (Vermont Statutes Annotated Title 6, Chapter 84, § 1030-1040)

A plant pest is defined as any living stage of: insects, mites, nematodes, slugs, snails, protozoa or any other invertebrate animals; bacteria, fungi, mycoplasma or other parasitic plants, weeds or reproductive parts thereof; viruses or any organisms similar to or allied with any of the foregoing; and any genetically modified organisms or biological control agents that may directly or indirectly injure or cause disease or damage to any beneficial organisms, plants, parts of plants, or plant products.

The Vermont Department of Fish and Wildlife, through the Commissioner, "may take necessary actions to control, in public waters, aquatic vegetation, insects or aquatic life, for the purpose of improving such waters as a habitat." The Department of Fish and Wildlife has the authority to control aquatic invertebrate species if "improving habitat" is interpreted broadly.

The Vermont Department of Fish and Wildlife, through the Commissioner, has the authority to regulate the introduction of all live fish or the live spawn thereof, into any of the inland or outlying waters of the state. The Department also may dispose of unlawfully imported fish as it may judge best, and the state may collect damages from the violator for all expenses incurred. In this regard, no person is to bring into the state to introduce into any of the public waters any live fish or eggs unless a permit is first obtained from the Department of Fish and Wildlife.

The Vermont Department of Fish and Wildlife, through the Commissioner, has the authority to regulate the introduction of any live wild bird or animal of any kind. The Department may dispose of unlawfully imported wildlife as it may judge best, and the state may collect damages from the violator for all expenses incurred.

There are three laws that regulate weevil importation and introduction in Vermont. Click here for more information

Docks in Vermont Lakes

In accordance with 29 V.S.A. Chapter 11, Management of Lakes and Ponds, docks in Vermont lakes and ponds must meet at least one of the following two requirements. Failure to comply with at least one of these two criteria may subject the dock owner to an enforce­ment action by the Agency of Natural Resources.

Criteria 1:
1. Navigation or boating is not unreasonably im­peded; and
2. The dock is wooden or metal, used solely for non­commercial purposes, and is mounted on piles or floats; and
3. The combined length of all docks located within 100 feet of each other which are owned or controlled by the same person does not exceed 50 feet; and
4. The total surface area of all docks located within 100 feet of each other which are owned or controlled by the same person does not exceed 500 square feet; and
5. Concrete, masonry, earth or rock fill, sheet piling, bulkheading, cribwork, or similar construction does not form any part of the dock.

Criteria 2: Possession of an unexpired permit for the dock, issued under 29 V.S.A. Chap­ter 11, Management of Lakes and Ponds.

The Agency is undertaking shoreline inspections ­to enforce this statute. If your dock does not meet at least one of the above criteria, or if you have questions, contact Steven Hanna of the Shoreland Encroachment Program.

Wetlands

The Vermont Wetland Rules (pdf, 84 KB) have been adopted by the Vermont Water Resources Board under 10 V.S.A. § 905(7). The Natural Resources Board (NRB) was created by Act 115 of the Vermont General Assembly to succeed the Environmental and Water Resources Boards on February 1, 2005. The NRB is a nine member board which is divided into two panels, the Land Use Panel and the Water Resources Panel. The 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.