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Vermont Additional Pre-Existing State Land Use Assessment Overview (13-VT-a)

Information current as of 2020
In Vermont, a developer must consider the location and land use designations on certain land before constructing a project. A developer may need to obtain a Wetland Permit. A Flood Hazard and River Corridor Permit (Permit) is required if a project is located in a flood hazard area or river corridor of a municipality that the State exempts from municipal regulation (which includes most energy projects). Flood Hazard Area and River Corridor Rule, CVR 12-030-024 § 29-103(a)(1). Lastly, a developer may also need to obtain a Lake Encroachment Permit from the Vermont Agency of Natural Resources for any encroachment beyond the mean water level of a lake or pond.



Additional Pre-Existing State Land Use Assessment Overview Process


13-VT-a.1 to 13-VT-a.2 — Is the Project Located within a Flood Hazard or River Corridor and Exempt from Municipal Regulation?

A developer may need to obtain a General or Individual Flood and River Corridor Permit (Permit) and/or comply with reporting requirements if:

A flood hazard is the land in a floodplain within a community subject to a one percent or greater chance of flooding in any given year. Vt. Stat. Ann. tit. 10 § 752(3). A flood hazard area is the area as shown on the most current flood insurance studies and maps published by the Department of Homeland Security, the Federal Emergency Management Agency (FEMA), the National Flood Insurance Program (NFIP), and as provided by the Secretary of the Vermont Agency of Natural Resources (ANR) pursuant to Vt. Stat. Ann. tit. 10 § 753. A flood plain means any land area susceptible to being inundated by water from any source. Flood Hazard Area and River Corridor Rule, CVR 12-030-024 § 29-201.

A river corridor is defined in accordance with the Vermont Department of Environmental Conservation (DEC) Vermont Flood Hazard Area and River Corridor Protection Procedure pursuant to Vt. Stat. Ann. tit. 10 § 1427.

An exempted project includes a development or substantial improvement to structures that a municipality is prohibited from regulation including:

  • Public utility power generating plants and transmission facilities regulated under

30 V.S.A. § 248, (24 V.S.A. § 4413(b));

Flood Hazard Area & River Corridor Permit Guidance, p. 1-2.


Flood Hazard and River Corridor Permit:
13-VT-i


13-VT-a.3 to 13-VT-a.5 — Will the Project Encroach Beyond the Mean Water Level of a Lake or Pond?

The developer may need a Individual Lake Encroachment Permit for any encroachment beyond the mean water level of a lake or pond. Vt. Stat. Ann. tit. 10 § 401. Lakes and ponds that are public waters are a public trust and must be managed to serve the public good. Vt. Stat. Ann. tit. 10 § 401. Encroachments are “any material or structure in any lake or pond…or [material or structure] that alter or cause to be altered the lands underlying any waters.” Vt. Stat. Ann. tit. 10 § 402(3). ANR’s authority to regulate encroachments extends to public waters and the land lying thereunder, but not to land uses that may be ancillary to the encroachment. In re Kent Pond, No MLP-03-10, 8 (Vt. Water Res. Bd. 2004). For more information, see:

Lake Encroachment Permit:
19-VT-b


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