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

Aquatic Nuisance Species

Vermont Statutes Annotated Title 10, Chapter 50

§ 1454. TRANSPORT OF AQUATIC PLANTS AND AQUATIC NUISANCE SPECIES

(a) No person shall transport an aquatic plant or aquatic plant part, zebra

mussels (Dreissena polymorpha), quagga mussels (Dreissena bugensis), or

other aquatic nuisance species identified by the secretary by rule to or from any

Vermont waters on the outside of a vehicle, boat, personal watercraft, trailer,

or other equipment. This section shall not restrict proper harvesting or other

control activities undertaken for the purpose of eliminating or controlling the

growth or propagation of aquatic plants, zebra mussels, quagga mussels, or

other aquatic nuisance species.

(b) The secretary may grant exceptions to persons to allow the transport of

aquatic plants, zebra mussels, quagga mussels, or other aquatic nuisance

species 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

NOXIOUS WEED QUARANTINE #3
(Vermont Department of Agriculture, Food & Markets)
Click here (pdf, 106 KB) for more information.

The taking, possessing, transporting, use and selling of baitfish.
  (Vermont Statutes Annotated Title 10, Chapter 2, § 122

Click here (pdf 24 KB) for more information.

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) were originally adopted in 1990 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.  In 2010, the Water Resources Panel passed new Vermont Wetland Rules pursuant to 10 V.S.A. § 6025(d)(5). This statute limits the applicability of these rules to those wetlands which are so significant that they merit protection. Wetlands that are not significant should be assumed to have public value, and therefore may merit protection under other statutory or regulatory authority. 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 I and Class II) are considered significant and protected under the wetland rules, along with their buffer zones (generally 100-foot for Class I and 50-foot for Class II).  Vermont Significant Wetlands Inventory (VSWI) maps show an approximate location of many significant wetlands.  In addition, wetlands contiguous to mapped wetlands, wetlands similar to mapped wetlands, and wetlands described in Section 4.6 of the Vermont Wetland Rules are presumed to be significant wetlands.  Act 31 allows for the Secretary to make formal determinations regarding the classification of wetlands as Class II or Class III.  Designation of wetlands as Class I requires rulemaking by the Water Resources Panel.

Activity in a Class I or Class II wetland or its associated buffer zone is prohibited unless it is an allowed use or authorized by a permit, conditional use determination or order issued by the Secretary.  The Secretary may impose any conditions in such a permit that are deemed necessary to achieve the purposes of these rules.  The Secretary may issue a permit authorizing an activity occurring within a Class I wetland only to meet a compelling public need to protect public health or safety.

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.