H. 546 - Emergency Stream Alteration Guidelines And Technical Assistance

Requires the secretary of natural resources to adopt guidelines for emergency stream alteration. Municipalities are required to perform emergency stream alteration measures in a manner consistent with these guidelines. In addition, the bill requires the secretary of natural resources to train additional staff to perform stream alteration and water quality review during a state of emergency and authorizes the secretary to enter into reciprocal mutual aid agreements or compacts with other states to assist in addressing watershed, river management, and transportation system issues that arise during a state of emergency.

January 13, 2012: Read First Time and Referred to the Committee on Fish, Wildlife & Water.

March 18, 2012: Still in Committee on Fish, Wildlife & Water

S. 185 - A Water Resources Preservation Program

This Senate bill is similar to H.529. Establishes a water resources preservation program to provide financial assistance and technical support to projects or activities designed to improve the water quality of waters of the state or repair or prevent flood damage. To fund the program, the bill establishes a water resources preservation fee on developed property and property used for farming. The fee on developed property would be assessed in proportion to the property’s area of impervious surface. The fee on property used for farming would be assessed in proportion to the property’s area of farmstead.

January 3, 2012: Read First Time and Referred to the Committee on Natural Resources and Energy

March 18, 2012: Still in Committee on Natural Resources and Energy

H. 529 - A Water Resources Preservation Program

This bill proposes to establish a water resources preservation program to provide financial assistance and technical support to projects or activities designed to achieve one or more of the following: improve the water quality of waters of the state; prevent, mitigate against, or repair flood damage; or provide reasonable assurances regarding the implementation of total maximum daily load plans. To fund the program, the bill establishes a water resources preservation fee on developed property and property used for farming. The fee on developed property would be assessed in proportion to the property’s area of impervious surface. The fee on property used for farming would be assessed in proportion to the property’s area of farmstead.

January 13, 2012: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources

March 18, 2012: Still in Committee on Fish, Wildlife & Water Resources

H. 519 - Regulation Of Flood Hazard Areas

Establishes statewide regulation of flood hazard areas to be compliant with the National Flood Insurance Program. A municipality can seek delegation of this regulatory authority and may adopt more stringent requirements except as to agricultural and silvicultural practices and farm structures. The bill also requires the state issue a general permit to govern state or delegated regulation of agricultural and silvicultural practices and farm structures within a flood hazard area. The bill further requires that flood insurance be obtained for real property in flood hazard areas.

January 10, 2012: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources

March 18, 2012: Still in Committee on Fish, Wildlife & Water Resources

H. 483 - Stream Alteration Permits For Timber Removal From Watercourses

Requires a person removing timber from below the high watermark of a watercourse to obtain a stream alteration permit from the secretary of natural resources.

January 5, 2012: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources

March 18, 2012: Still in Committee on Fish, Wildlife & Water Resources

H. 482 - Stream Alteration - Biologist Consultation

Requires the secretary of natural resources to consult with a fisheries biologist from the department of fish and wildlife regarding all proposed stream alterations and how the alteration will impact fish life, wildlife, or aquatic or wildlife habitat.

January 4, 2012: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources

March 18, 2012: Still in Committee on Fish, Wildlife & Water Resources

S. 165 - River Management And Fluvial Erosion Hazard Planning

This Senate bill reads the same as H. 466 with the additional provision that the bill clarifies the agency of natural resources’ stream alteration authority during emergencies.

January 3, 2012: Read the first time and referred to Committee on Natural Resources and Energy

March 18, 2012: Still in Committee on Natural Resources and Energy

H. 466 - River Management And Fluvial Erosion Hazard Planning

Requires the agency of natural resources to assess the geomorphic condition and sensitivity of all rivers in the state and map river corridors where the sensitivity of the river poses a probable risk of harm to life, property, or infrastructure. To remain eligible for state grants or loans, affected municipalities will be required to adopt a fluvial erosion hazard area bylaw to limit structural encroachments within the mapped river corridor within one year of a river’s designation. . A river corridor planning and flood response fund would be available to municipalities to adopt and implement bylaws, conserve river corridors and floodplains, and for flood response and mitigation.

January 3, 2012: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources

March 18, 2012: Still in Committee on Fish, Wildlife & Water Resources

H. 395 - Gravel Extraction From Watercourses For Municipal Roads

Authorizes a municipality to remove gravel from a watercourse within the boundaries of the municipality for the purpose of maintaining or constructing town roads or highways, provided that the municipality obtain a stream alteration permit.

March 18, 2012: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources

S.025 - Pesticide Permits/NPDES Permits (see H.035) (Introduced 2011 session)

Requires a state discharge permit for pesticide applications for: mosquito control, aquatic nuisance control, forest canopy pest control, and control of pests within 50 feet of state water or significant wetland.

Notes: Identical to H.035 

March 18, 2012: Still in Senate Natural Resources and Energy

S.023 - Revolving Loan Fund Stormwater Priority (Introduced 2011 session)

Gives first priority for financing or assistance from the special environmental revolving loan fund to municipalities that have established or approved establishment of a stormwater utility or similar regulatory mechanism to address management of a stormwater-impaired water within the municipality.

March 18, 2012: Still in Senate Natural Resources and Energy

H. 449 – State Fish (Introduced 2011 session)

Designates brook trout (cold water) and walleye pike (warm water) as the state fish of Vermont.

May 8, 2011: Read First Time and Referred to the Committee on Fish, Wildlife & Water Resources

January 27, 2012: This bill passed the House as follows: The state cold water fish shall be the brook trout (salvelinus fontinalis) and the state warm water fish shall be the walleye pike (sander vitreus). Moved to the Senate for consideration.

February 12, 2012: Read for the 1st time in the Senate and referred to the Committee on Natural Resources & Energy.

March 18, 2012: Still in Senate Natural Resources & Energy.

H. 423 - Wetlands Management (Introduced 2011 session)

Amends Vermont’s wetlands rules by requiring a permit to conduct activities in naturally-occurring wetlands, but allowing activities in manmade wetlands unless otherwise prohibited by rule. “Manmade wetlands” are wetlands that were created solely as a result of human activity.  Also repeals wetland designations except Class I.

Notes:  A bill revising wetlands management in Vermont passed the Legislature during the last biennium – Act 31.  The current bill would repeal key aspects of that law and would significantly weaken Vermont’s wetlands protection program.  Many wetlands adjacent to lakes in Vermont were created when lake water levels were raised by dams.  These wetlands would most likely lose protection under the proposed bill.

March 18, 2012: Still in House Fish, Wildlife & Water Resources

H. 409 - Control of (Primarily Terrestrial) Invasive Plant Species (Introduced 2011 session)

Prohibits the propagation, transplantation, importation or sale of nine invasive terrestrial plant species – Autumn olive, Japanese stilt grass, Mile-a-minute weed, Japanese arrowroot, Multiflora rose, Japanese barberry, Common barberry, Norway maple, and Winged euonymus.

March 18, 2012: Still in House Agriculture

H. 407 - Groundwater Withdrawal Royalties (Introduced 2011 session)

Imposes a groundwater withdrawal royalty of $0.28 per gallon of groundwater withdrawn from a well or spring within Vermont for the purpose of sale or the purpose of sale to another for resale.

March 18, 2012: Still in House Fish, Wildlife & Water Resources

H. 393 - Winooski River Fishing Regulations (Introduced 2011 session)

Repeals the slot limits for the Winooski River and requires an annual open season on the taking of fish in the Winooski River between October 31 and the second Saturday of April provided that fishing is done with artificial lures and bait only and all trout caught are released.

March 18, 2012: Still in House Fish, Wildlife & Water Resources

H. 343 - Lake Champlain Water Quality (Introduced 2011 session)

Requires the Agency of Natural Resources (ANR) to (1) inspect all concentrated animal feeding operations in the St. Albans Bay watershed to determine if such operations require a discharge permit; (2) seek funding under the federal Water Resources Development Act for restoration projects in the Lake Champlain watershed; and (3) conduct a study of the feasibility and cost of constructing sewer systems in the St. Albans Bay watershed. This bill also establishes a Lake Champlain watershed team within ANR to develop and recommend management measures to reduce phosphorus pollution in the Lake Champlain watershed, initially in the St. Albans Bay watershed. The bill also requires that the Agency of Agriculture, Food and Market’s Accepted Agricultural Practices be amended to require all dairy or livestock operations, regardless of size, to develop and implement a nutrient management plan designed to prevent nutrient discharges to state waters, and be amended to require the exclusion of livestock from state waters.

March 18, 2012: Still in House Fish, Wildlife & Water Resources

H. 258 - Public Participation in Environmental Enforcement Proceedings (Introduced 2011 session)

This bill has been passed:  Click here for more information. 

Requires the Agency of Natural Resources, the Land Use Panel, or the Natural Resources Board to publish draft assurances of discontinuance (AODs) or administrative orders (AOs) for notice on the relevant website and provide at least 20 days during which an aggrieved person may comment on them.  The bill prohibits the state from signing an AOD or AO until any additional filings or proceedings are complete, including those made subsequent to a timely motion for intervention. The bill also allows for public notice and comment on certain environmental tickets issued by the Agency of Natural Resources.

Status: In Natural Resources and Energy

Updated Notes: FOVLAP has learned from the Agency of Natural Resources’ Environmental Enforcement Division Director that as a state agency delegated by the USEPA to enforce the Clean Water Act and other federal laws, VTDEC is required to provide an opportunity for public participation in environmental enforcement proceedings.  In the past there has not been an opportunity for public participation; this bill would correct that deficiency.  The VTDEC participated in the drafting of this bill, supports it, and does not believe that it will delay enforcement in any significant way.

March 13: Still in House Natural Resources and Energy, which has been hearing testimony on the bill.

March 27: On March 22, pending the reading of the Natural Resources and Energy Committee’s report, on a motion of Rep. Ellis of Waterbury, House action on the bill was postponed until March 29. On March 24, Rep. Grad of Moretown moved to suspend the rules to take the bill up for immediate consideration and subsequently moved to commit the bill to the Judiciary Committee.

April 10: On April 8, the bill was placed on the House Action Calendar. This action was postponed until April 12 as moved by Rep. Ellis of Waterbury.

April 24: On April 12 an amendment recommended by the House Natural Resources and Energy Committee, further amended by the House Judiciary Committee, was approved and the bill was read for the second time. On April 13, numerous amendments were offered and disagreed to prior to the third reading of the bill. Rep. Kilmartin of Newport City moved to amend the bill by slightly changing the definition of “post,” which was agreed to. The bill was then read for the third time and passed the House with a roll call vote of 109 Yeas, 25 Nays. On April 15 it was read for the first time in the Senate and referred to the Senate Committee on Rules. To view the bill as passed by the House, go to http://www.leg.state.vt.us/docs/2012/bills/House/H-258.pdf

May 8, 2011: Still in Senate Committee on Rules

January 10, 2012: Senate Committee on Rules relieved of the bill and bill committed to Senate Natural Resources and Energy Committee.

January 26, 2012: Read on the floor of the Senate for the 2nd time, reported to the Senate favorably with proposal of amendment by Senator Lyons for Committee on Natural Resources and Energy. Consideration was interrupted by adjournment.

H.213 - Use and Transport of Baitfish (Introduced 2011 session)

Allows baitfish harvested from or used in Vermont waters to be transported from one access area on a water to another access point on the same water, provided that the baitfish are not used on another body of water after transport from the original water.

March 18, 2012 Still in House Fish, Wildlife & Water Resources

H.212 - Use of Lead Sinkers (Introduced 2011 session)

Allows the sale of lead sinkers in Vermont and the use of lead sinkers for fishing in Vermont streams and rivers. The use of lead sinkers in inland lakes or ponds in Vermont would continue to be prohibited. “Sinker” means any device that weighs one-half ounce or less and is attached to a fishing line for the purpose of sinking the line, and does not include other lead fishing-related items such as weighted fly line, lead-core fishing line, downrigger cannon balls, weighted flies, lures, spoons, or jig heads.

Notes: The term “inland lakes or ponds” generally does not include Lake Champlain. Thus, as this bill is drafted, it appears to be silent regarding the use of lead sinkers in Lake Champlain.

March 18, 2012: Still in House Fish, Wildlife & Water Resources

H.211 - Ban on Felt-soled Boots and Waders (Introduced 2011 session)

Delays the implementation of the ban on the use of felt-soled boots and waders in state waters for one year (until April 1, 2012) and requires the Department of Fish and Wildlife to distribute informational material and hold a minimum of three public meetings before the ban goes into effect.

Notes: The ban on the use of felt-soled boots and waders was passed in 2010 (to go into effect on April 1, 2011) to slow the spread of aquatic diseases and aquatic nuisance species such as didymo. Didymo, also known as rock snot, is an invasive algae that can be spread by the water that gets soaked into felt-soled boots and waders.

March 18, 2012: Still in House Fish, Wildlife & Water Resources


H.210 - Felt-soled Boots and Waders Consumer Education

Requires Vermont retail stores selling felt-soled boots and waders to inform customers of the ban on the use of these products prior to sale.

Notes: The ban on the use of felt-soled boots and waders was passed in 2010 (to go into effect on April 1, 2011) to slow the spread of aquatic diseases and aquatic nuisance species such as didymo. Didymo, also known as rock snot, is an invasive algae that can be spread by the water that gets soaked into felt-soled boots and waders.

March 18, 2012: Still in House Fish, Wildlife & Water Resources

H.192 - Replacement of VT Route 65 Floating Bridge Over Sunset Lake in Brookfield (Introduced 2011 session)

Adds a project to the state’s fiscal year 2011 transportation program for replacement of the VT Route 65 floating bridge over Sunset Lake in Brookfield and authorizes funding for preliminary engineering.

March 18, 2012: Still in Committee on Transportation

H.163 - Fishing Tournaments (Introduced 2011 session)

Requires fishing tournament organizers to obtain an annual permit, report each tournament held during the year at least 30 days before the event, and provide information to the Department of Fish and Wildlife after the event (number of tickets sold, number of anglers registering catch, number of each fish species registered, and number of registered fish released alive).

March 18, 2012: Still in House Fish, Wildlife & Water Resources

H.159 - Lake Champlain Bridge Fishing Access (Introduced 2011 session)

Transfers management of the asphalt landing where automobiles enter the temporary ferry at Chimney Point to the Department of Fish and Wildlife to be maintained as a fishing access area once the new Lake Champlain Bridge is completed.

March 18, 2012: Still in House Committee on Fish, Wildlife & Water Resources

H.139 - Maximum Motorboat Noise Levels (Introduced 2011 session)

Changes the standard for maximum motorboat noise level; prohibits the manufacture or sale in Vermont of motorboats that exceed the noise level; and authorizes enforcement officers to direct violating motorboats to be moored.

Notes:As the method of measuring the noise is being changed (new: from the shoreline or stationary vs. old: from 50 feet away in a normal operating environment), FOVLAP does not know whether the noise level that people would generally hear from the motorboats is actually being changed.

March 18, 2012: Still in House Transportation

H.130 - Forfeiture of EPA Clean Water Act Delegation (Introduced 2011 session)

Requires ANR to report to the legislature in January 2012 regarding the environmental and economic benefits of forfeiting the authority delegated by the U.S. Environmental Protection Agency to the Agency of Natural Resources to implement and enforce the federal Clean Water Act.  

Notes: If Vermont forfeited the delegated authority, USEPA would implement and enforce the Clean Water Act in Vermont. This is the current situation in some other states.

March 18, 2012: Still in House Fish, Wildlife & Water Resources

H.035 - Pesticide Permits/NPDES Permits (Introduced 2011 session)

Requires a state discharge permit for pesticide applications for: mosquito control, aquatic nuisance control, forest canopy pest control, and control of pests within 50 feet of state water or significant wetland.

Notes: Redundant with existing state and federal regulations. Only significant difference is defining “near” as 50 feet. See EPA’s new general permit for pesticide discharges - http://cfpub.epa.gov/npdes/home.cfm?program_id=410 

March 18, 2012: Still in House Fish, Wildlife & Water Resources

H.020 - Public Trust (Introduced 2011 session)

Among other provisions, provides that the public trust doctrine that applies to the navigable rivers, streams, brooks, and creeks of the state shall extend to the 10-year high-water mark.

March 18, 2012: Still in House Fish, Wildlife & Water Resources