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Pursuant to §7.1 of the Vermont Wetland Rules (VWR), the Vermont Agency of Natural Resources (ANR) has submitted a petition to the Vermont Natural Resources Board (NRB) to approve revisions to the Vermont Significant Wetland Inventory (VSWI) Maps. The proposed revisions more accurately depict wetland boundaries of currently mapped wetlands, including contiguous wetlands already protected under the VWR; and other significant wetlands that have been identified since the original maps were adopted in 1990.
The proposed revision includes data layers from the updated National Wetland Inventory maps by the National Wetland Inventory of the US Fish and Wildlife Service (USFW), on which the original VSWI maps were based; town resource inventories; National Resources Conservation Service (NRCS) hydric soils maps; and map corrections as documented by ANR Wetland Section staff ecologists.
A full version of the petition is available:
Petition to Update the VSWI Maps (Updated 5/11/2009) (pdf, 30 KB)
Questions regarding this petition should be directed to Alan Quackenbush, State Wetlands Coordinator at:
802-241-3761 or email: alan.quackenbush@state.vt.us
Comments regarding the petition should be directed to
John Hasen or Melanie Kehne at the Water Resources Panel of the Natural Resources Board:
Natural Resources Board
National Life Records Center Building
National Life Drive
Montpelier, Vermont 05620-3201
(802) 828-3309
Vermont updated its Wetland Protection and Water Resource Management Rules with the passage of bills H.447 (Act 031) in 2009 and H.763 (Act 110) in 2010. The passage of these bills establishes January 1, 2010 as the effective date for “proposed VSWI” wetlands to be regulated as Class 2 wetlands.
August 2010 Wetland Rules Update:
The Vermont Wetland Rules were filed by the Water Resources Panel of the Vermont Natural Resources Board with the Secretary of State's office July 16, with an August 1, 2010 effective date. The new wetlands law, Act 31 of 2009, will take effect 45 days later, September 14, 2010.
During this transition period, the Vermont Wetlands Program will continue to regulate VSWI mapped wetlands, , and wetlands contiguous to VSWI wetlands. Conditional Use Determinations will continue to be issued between August 1 and September 13. As of September 14th, the Program will begin issuing wetlands permits instead of CUDs pursuant to Act 31. As of August 1, certain wetlands that are not included on the VSWI maps will have a presumption that they are Class II wetlands. These presumptive Class II wetlands are listed in Section 4.6 of the revised Wetland Rules:
4.6 Presumptions
All wetlands contiguous to wetlands shown on the Vermont Significant Wetland Inventory maps are presumed to be Class II wetlands, unless identified as Class I or III wetlands, or unless determined otherwise by the Secretary or Panel pursuant to Section 8. In addition, each of the following wetlands shall be presumed to be Class II wetlands unless determined otherwise by the Secretary or Panel:
- The wetland is of the same type and threshold size as those mapped on the VSWI maps: i.e.; open water (pond); emergent marsh; shrub swamp; forested swamp; wet meadow; beaver pond or beaver meadow; bog or fen; or greater than 0.5 acres.
- The wetland contains woody vegetation and is adjacent to a stream, river or open body of water.
- The wetland contains dense, persistent non-woody vegetation and is adjacent to a stream, river or open body of water.
- The wetland is a vernal pool that provides amphibian breeding habitat.
- The wetland is a headwater wetland.
- The wetland is adjacent to impaired waters and the impairment is related to wetland water quality functions.
- The wetland contains a species that appears in the NNHP database as rare, threatened, endangered or uncommon; or is a natural community type that is rare or uncommon.
- The wetland has been previously designated as a significant wetland.
- It is within sixty (60) days after the landowner has received notice of a preliminary wetland determination pursuant to Section 8.1 of these rules.
The authority to issue wetlands permits instead of CUDS and to make wetland determinations under the new Vermont Wetland Rules will be effective September 14.
Between now and September 14, the Vermont Wetlands Program will be working to finalize the following:
- Vermont General Wetlands Permit to cover certain categories of activities in wetlands
- A new Wetland Project Application for the Vermont Wetland Permit, Vermont General Wetland Permit, and Wetland Determination process.
- Best Management Practices associated with certain allowed uses
Expect to hear from us when these products become available and for training opportunities in the first week of September. Also, check into our website for updates and a Frequently Asked Questions page (to be developed).
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