The “official version” of H.526 as it passed the Vermont House of Representatives can be viewed here: http://www.leg.state.vt.us/docs/2014/bills/House/H-526.pdf This official version shows the amendments approved on the Floor of the House as markups on the bill so readers can easily see what changes were approved after the House Fish, Wildlife and Water Resources Committee passed the bill out of committee.
The following is a summary of the amendments passed on the Floor of the House of Representatives. A summary of the remainder of the bill can be found in a previous Legislative Update posted March 26, 2013.
1. Language has been added to make it clear that the shorelands of the state owned by private people remain private property, and that the bill does not extend the common-law public trust doctrine to private shoreland that is not currently public trust land.
2. “Off-site mitigation” is defined as a practice or activity that mitigates the adverse impacts of impervious surface or cleared area on the water quality of lakes or protected shoreland areas, and that occurs on property other than the property where the construction, creation, or expansion of impervious surface or cleared area is proposed.
3. “Private road” is defined as a road or street other than a highway, as that term is defined in 19 V.S.A. § 1(12), that is owned by one or more people and that is used as a means of travel from a highway to more than one parcel of land.
4. When the emergency repair, repair, and replacement of a private road or highway results in the construction, creation, or expansion of impervious surface or cleared area on a property adjacent to the private road or highway, the impervious surface or cleared area constructed or created on the adjacent property will not be calculated as part of the 500 square feet allowed without a permit (see the summary of the bill in a previous Legislative Update posted March 26, 2013 for further information regarding the 500 square feet).
5. The square footage of constructed, created, or expanded impervious surface or cleared area must be as measured on a horizontal plane.
6. The lake shoreland protection standards must include standards for authorizing off-site mitigation as a best management practice when compliance with vegetative cover or other best management practices is not technically feasible on a property within a protected shoreland area, provided that the mitigation is conducted within the watershed of the lake where the proposed impervious surface or cleared area will occur. However, if within one year of the proposed construction the applicant cannot identify a suitable off-site mitigation project within the watershed of the lake where the proposed impervious surface or cleared area will occur, the VT Agency of Natural Resources (VTANR) must authorize completion of the off-site project in an alternative lake watershed.
7. The lake shoreland protection standards must authorize physical practices or activities that create cleared area or remove vegetative cover in order to reduce mosquito breeding habitat in areas of the State where mosquito populations create a public health hazard, as that term is defined in 18 V.S.A. § 2, provided that the activity complies with the Vermont Wetlands Rules.
8. It is clarified that, in municipalities that do not qualify for delegated permitting authority, the construction, creation, or expansion of impervious surface or cleared area will not require a permit if the project area has been designated by municipal bylaw for development according to historic development patterns or for redevelopment of land that has been subject to construction of impervious surface or disturbance prior to July 1, 2013 by industrial or urban development. The municipality must have adopted a shoreland bylaw or ordinance or implemented best management practices intended to prevent lake water quality degradation; minimize or mitigate disturbances in shorelands; or minimize or mitigate damage from floods and erosion.
9. The emergency repair, repair, and replacement of private roads is added to the list of activities that will not require a permit under specified conditions.
10. All VTANR lands within protected shoreland areas must be managed according to the requirements of the bill when consistent and not in conflict with applicable federal requirements for
the management of a parcel of land held by VTANR.
11. By December 15, 2013, VTANR must submit a report to several committees in the Legislature regarding implementation of pending or proposed VTANR water quality initiatives. The report must include (1) a summary of how the regulation of impervious surface or cleared area in protected shoreland areas will be coordinated with other VTANR water quality initiatives; (2) a proposal for how VTANR will quantify the amount that the regulation of impervious surface or cleared area contributes to improved water quality in the State; and (3) a recommendation for a prioritized plan on how to fund water quality initiatives in the State, including an estimate of how much regulation would cost and any revenue source, such as permit fees, that would be used to pay for the cost.
The “unofficial version” of H.526 as it passed the House, which fully incorporates the Floor amendments without highlighting the changes, can be viewed here: http://www.leg.state.vt.us/docs/2014/bills/House/H-526C.pdf
FOVLAP 2013 Vermont Legislative Updates
Tuesday, April 2, 2013
Sunday, March 31, 2013
H.526 - The Shorelands Protection Bill passed the House
The Shorelands Protection Bill - H.526 - passed the House with a vote of 105-42 with amendments on the Floor. A link to the bill as it passed the House will be posted here once it is available. The Senate Natural Resources Committee is scheduled to begin considering the bill on April 3, 2013.
Tuesday, March 26, 2013
The newest version of the Shorelands Protection Bill: H.526
The House Fish, Wildlife and Water Resources Committee finished redrafting a Shorelands Protection Bill on Friday, March 22 and passed the bill (Draft 1.11) out of committee with a vote of 8-1 in favor of the bill. Draft 1.11 was posted on the Vermont Legislature’s Home web page http://www.leg.state.vt.us/ on March 22. On March 25, Draft 1.11 was given a new bill number - H.526 – which will be discussed by the full House of Representatives during the week of March 25. The following is a summary of the new proposed Shorelands Protection Bill (H.526).
Among other findings, H.526 finds that scientifically based standards for impervious surface and cleared area adjacent to lakes are necessary to protect and maintain the integrity of water quality and aquatic and shoreland habitat while also allowing for reasonable development of shorelands. A lake or pond of more than 10 acres is located in 184 of Vermont’s 251 municipalities. However, only 48 municipalities have shoreland zoning that requires vegetative cover. The state has an interest in protecting lakes and adjacent shorelands in a manner that respects existing rights of property owners to control access to land they own in shorelands, and the regulation of the creation of new impervious surface or cleared area in the shoreland areas should not and does not affect the ability of property owners to control access to their lands. In order to fulfill the state’s role as trustee of its waters and promote public health, safety and the general welfare, it is in the public interest for the General Assembly to establish lake shoreland protection standards for impervious surface and cleared area in the shorelands adjacent to the state’s lakes.
The purposes of the newly created CHAPTER 49A. LAKE SHORELAND PROTECTION STANDARDS are to:
(1) provide clear and adaptable standards for the creation of impervious surface or cleared area in lands adjacent to lakes;
(2) prevent degradation of water quality in lakes and preserve natural stability of shoreline; (3) protect aquatic biota and protect habitat for wildlife and aquatic life;
(4) mitigate, minimize, and manage any impact of new impervious surface and new cleared area on the lakes of the state;
(5) mitigate the damage that floods and erosion cause to development, structures, and other resources in the lands adjacent to lakes;
(6) protect shoreland owners’ access to, views of, and use of the state’s lakes; and
(7) preserve and further the economic benefits and values of lakes and their adjacent shorelands.
The bill establishes a “protected shoreland area” within 250 feet of the mean water level of lakes larger than 10 acres. Beginning January 1, 2015, a permit from the VT Agency of Natural Resources (VTANR) will be required to construct more than 500 square feet and less than one acre of new impervious surface [note: a stormwater permit is already required if an acre or more of impervious surface is created]; to create more than 500 square feet of new cleared area; and to expand impervious surface or cleared area if the expansion of existing impervious surface or cleared area in the protected shoreland area results in an increase of more than 500 square feet of impervious surface or cleared area. Impervious surface or cleared area may be expanded by up to 500 square feet without obtaining a permit, provided that the aggregate amount of all expansion does not exceed 20 percent of the protected shoreland area of the lot on which it is located. VTANR shall issue a permit under this section if the proposed impervious surface or cleared area does not negatively impact water quality and complies with the lake shoreland protection standards.
VTANR must adopt a general permit, consistent with the lake shoreland protection standards, to authorize classes or categories of construction of impervious surface or creation of cleared area that present low risk of harm to the water quality of surface waters or protected shoreland areas. Coverage under a general permit will be for an indefinite term, provided that the permittee complies with the terms of the permit and takes no action for which a permit is required. An applicant for coverage under the general permit must provide notice to the municipal clerk at the time the application is filed with VTANR. VTANR must provide an opportunity for written comment for 10 days following receipt of the application, and may require an applicant to file additional information. Individual permits may be required if the proposed activity presents a significant risk of harm to protected shoreland areas or the water quality of a lake adjacent to a protected shoreland area. Individual permits will be issued for an indefinite term provided the permittee complies with the individual permit and takes no subsequent action for which a permit is required. Coverage under a general permit or an individual permit shall run with the land and be recorded in the municipal land records.
VTANR is required to adopt by rule standards for the construction of impervious surface or the creation of cleared area in a protected shoreland area by January 1, 2015. The standards must be designed to achieve the purposes of the Chapter (outlined above) while also accommodating construction, creation, or expansion of impervious surface or cleared area in protected shoreland areas. The standards must establish best management practices for the construction of impervious surfaces or the creation of cleared area in a protected shoreland area, including standards for (1) managing vegetative cover required as a best management practice in order to ensure some level of the required cover is maintained; (2) allowing reasonable use of the area subject to a vegetative cover requirement for construction, creation or expansion of impervious surface or cleared area; (3) minimizing and mitigating the creation of impervious surface or cleared area; (4) minimizing and mitigating the impacts of impervious surfaces or cleared areas; and (5) designing and maintaining driveways, patios, and similar impervious surfaces so that stormwater runoff is minimized. The standards must authorize the establishment and maintenance of paths, recreational space, and gardens, provided they are designed and managed to minimize stormwater runoff. The standards must also authorize the construction and maintenance of accessory structures in a protected shoreland area subject to size requirements established by VTANR.
VTANR must delegate permitting authority to municipalities with a shoreland bylaw or ordinance adopted on or before January 1, 2015, provided that the bylaw/ordinance requires vegetative cover or other best management practices designed to meet certain goals and also sets forth conditions on the construction and expansion of existing impervious surface or cleared area. VTANR may delegate permitting authority to municipalities that adopt a shoreland bylaw or ordinance after January 1, 2015, provided that the bylaw/ordinance is at least as stringent as the shoreland protection standards adopted by VTANR. In both cases, the delegation is accomplished through an agreement between VTANR and the delegated municipality. The delegation may be revoked. Under the delegation agreement, VTANR and the municipality may agree, in instances where a delegated municipality does not or cannot address non-compliance, that VTANR, after consultation with the municipality, may institute enforcement proceedings for failure to comply with the lake shoreland protection standards. Among other things, the delegation agreement must require the municipality to take timely and appropriate enforcement actions, to commit to reporting annually to VTANR, and to cure any defects in their bylaw/ordinance or in the administration or enforcement of the bylaw/ordinance upon notice of a defect from VTANR.
Municipalities that do not qualify for delegated permitting authority shall not require a permit for construction, creation, or expansion of impervious surface or cleared area if the project area has been designated by municipal bylaw for development according to historic development patterns or for redevelopment of land that has been subject to construction of impervious surface or disturbance prior to July 1, 2013 by industrial or urban development. The municipality must have adopted a shoreland bylaw or ordinance or implemented best management practices intended to prevent lake water quality degradation; minimize or mitigate disturbances in shorelands; or minimize or mitigate damage from floods and erosion.
Under specified conditions, silvicultural activities, agricultural activities, state and municipal transportation infrastructure, permitted wastewater systems and potable water supplies, permitted stormwater treatment, electric utility projects and utility lines, and dredge or fill activities permitted by the U.S. Army Corps of Engineers will not require a permit. Intra-Agency coordination with VTANR’s Lakes and Ponds Section is required when a wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility is being permitted in a protected shoreland area.
The shoreland protection standards adopted by VTANR are in addition to existing municipal bylaws and ordinances. Proposed construction of impervious surface or creation of cleared area within the protected shoreland area must comply with all relevant, existing municipal, state, and federal requirements.
A lake shoreland protection permit will create a presumption before an Act 250 district commission that the permitted activity satisfies the requirements of subdivision (a)(1)(F) under Act 250 for shorelines in a protected shoreland area.
VTANR is required to begin rulemaking by September 1, 2013 to establish standards for the construction, creation, or expansion of impervious surface or cleared area in protected shoreland areas of lakes. VTANR must engage in an expanded public participation process with affected stakeholders and other interested people in a dialogue about intent, method, and content of the rules. VTANR is encouraged to use workshops, focused work groups, dockets, meetings, or other forms of communication to meet the participation requirements. On or before April 15, 2014, VTANR must submit a copy of the rules to the House Fish Wildlife and Water Resources Committee and to the Senate Natural Resources and Energy Committee along with a summary of the process followed in developing the rules.
The full text of H.526 is available for review here: http://www.leg.state.vt.us/docs/2014/bills/Intro/H-526.pdf
Among other findings, H.526 finds that scientifically based standards for impervious surface and cleared area adjacent to lakes are necessary to protect and maintain the integrity of water quality and aquatic and shoreland habitat while also allowing for reasonable development of shorelands. A lake or pond of more than 10 acres is located in 184 of Vermont’s 251 municipalities. However, only 48 municipalities have shoreland zoning that requires vegetative cover. The state has an interest in protecting lakes and adjacent shorelands in a manner that respects existing rights of property owners to control access to land they own in shorelands, and the regulation of the creation of new impervious surface or cleared area in the shoreland areas should not and does not affect the ability of property owners to control access to their lands. In order to fulfill the state’s role as trustee of its waters and promote public health, safety and the general welfare, it is in the public interest for the General Assembly to establish lake shoreland protection standards for impervious surface and cleared area in the shorelands adjacent to the state’s lakes.
The purposes of the newly created CHAPTER 49A. LAKE SHORELAND PROTECTION STANDARDS are to:
(1) provide clear and adaptable standards for the creation of impervious surface or cleared area in lands adjacent to lakes;
(2) prevent degradation of water quality in lakes and preserve natural stability of shoreline; (3) protect aquatic biota and protect habitat for wildlife and aquatic life;
(4) mitigate, minimize, and manage any impact of new impervious surface and new cleared area on the lakes of the state;
(5) mitigate the damage that floods and erosion cause to development, structures, and other resources in the lands adjacent to lakes;
(6) protect shoreland owners’ access to, views of, and use of the state’s lakes; and
(7) preserve and further the economic benefits and values of lakes and their adjacent shorelands.
The bill establishes a “protected shoreland area” within 250 feet of the mean water level of lakes larger than 10 acres. Beginning January 1, 2015, a permit from the VT Agency of Natural Resources (VTANR) will be required to construct more than 500 square feet and less than one acre of new impervious surface [note: a stormwater permit is already required if an acre or more of impervious surface is created]; to create more than 500 square feet of new cleared area; and to expand impervious surface or cleared area if the expansion of existing impervious surface or cleared area in the protected shoreland area results in an increase of more than 500 square feet of impervious surface or cleared area. Impervious surface or cleared area may be expanded by up to 500 square feet without obtaining a permit, provided that the aggregate amount of all expansion does not exceed 20 percent of the protected shoreland area of the lot on which it is located. VTANR shall issue a permit under this section if the proposed impervious surface or cleared area does not negatively impact water quality and complies with the lake shoreland protection standards.
VTANR must adopt a general permit, consistent with the lake shoreland protection standards, to authorize classes or categories of construction of impervious surface or creation of cleared area that present low risk of harm to the water quality of surface waters or protected shoreland areas. Coverage under a general permit will be for an indefinite term, provided that the permittee complies with the terms of the permit and takes no action for which a permit is required. An applicant for coverage under the general permit must provide notice to the municipal clerk at the time the application is filed with VTANR. VTANR must provide an opportunity for written comment for 10 days following receipt of the application, and may require an applicant to file additional information. Individual permits may be required if the proposed activity presents a significant risk of harm to protected shoreland areas or the water quality of a lake adjacent to a protected shoreland area. Individual permits will be issued for an indefinite term provided the permittee complies with the individual permit and takes no subsequent action for which a permit is required. Coverage under a general permit or an individual permit shall run with the land and be recorded in the municipal land records.
VTANR is required to adopt by rule standards for the construction of impervious surface or the creation of cleared area in a protected shoreland area by January 1, 2015. The standards must be designed to achieve the purposes of the Chapter (outlined above) while also accommodating construction, creation, or expansion of impervious surface or cleared area in protected shoreland areas. The standards must establish best management practices for the construction of impervious surfaces or the creation of cleared area in a protected shoreland area, including standards for (1) managing vegetative cover required as a best management practice in order to ensure some level of the required cover is maintained; (2) allowing reasonable use of the area subject to a vegetative cover requirement for construction, creation or expansion of impervious surface or cleared area; (3) minimizing and mitigating the creation of impervious surface or cleared area; (4) minimizing and mitigating the impacts of impervious surfaces or cleared areas; and (5) designing and maintaining driveways, patios, and similar impervious surfaces so that stormwater runoff is minimized. The standards must authorize the establishment and maintenance of paths, recreational space, and gardens, provided they are designed and managed to minimize stormwater runoff. The standards must also authorize the construction and maintenance of accessory structures in a protected shoreland area subject to size requirements established by VTANR.
VTANR must delegate permitting authority to municipalities with a shoreland bylaw or ordinance adopted on or before January 1, 2015, provided that the bylaw/ordinance requires vegetative cover or other best management practices designed to meet certain goals and also sets forth conditions on the construction and expansion of existing impervious surface or cleared area. VTANR may delegate permitting authority to municipalities that adopt a shoreland bylaw or ordinance after January 1, 2015, provided that the bylaw/ordinance is at least as stringent as the shoreland protection standards adopted by VTANR. In both cases, the delegation is accomplished through an agreement between VTANR and the delegated municipality. The delegation may be revoked. Under the delegation agreement, VTANR and the municipality may agree, in instances where a delegated municipality does not or cannot address non-compliance, that VTANR, after consultation with the municipality, may institute enforcement proceedings for failure to comply with the lake shoreland protection standards. Among other things, the delegation agreement must require the municipality to take timely and appropriate enforcement actions, to commit to reporting annually to VTANR, and to cure any defects in their bylaw/ordinance or in the administration or enforcement of the bylaw/ordinance upon notice of a defect from VTANR.
Municipalities that do not qualify for delegated permitting authority shall not require a permit for construction, creation, or expansion of impervious surface or cleared area if the project area has been designated by municipal bylaw for development according to historic development patterns or for redevelopment of land that has been subject to construction of impervious surface or disturbance prior to July 1, 2013 by industrial or urban development. The municipality must have adopted a shoreland bylaw or ordinance or implemented best management practices intended to prevent lake water quality degradation; minimize or mitigate disturbances in shorelands; or minimize or mitigate damage from floods and erosion.
Under specified conditions, silvicultural activities, agricultural activities, state and municipal transportation infrastructure, permitted wastewater systems and potable water supplies, permitted stormwater treatment, electric utility projects and utility lines, and dredge or fill activities permitted by the U.S. Army Corps of Engineers will not require a permit. Intra-Agency coordination with VTANR’s Lakes and Ponds Section is required when a wastewater system, potable water supply, stormwater discharge, or stormwater treatment facility is being permitted in a protected shoreland area.
The shoreland protection standards adopted by VTANR are in addition to existing municipal bylaws and ordinances. Proposed construction of impervious surface or creation of cleared area within the protected shoreland area must comply with all relevant, existing municipal, state, and federal requirements.
A lake shoreland protection permit will create a presumption before an Act 250 district commission that the permitted activity satisfies the requirements of subdivision (a)(1)(F) under Act 250 for shorelines in a protected shoreland area.
VTANR is required to begin rulemaking by September 1, 2013 to establish standards for the construction, creation, or expansion of impervious surface or cleared area in protected shoreland areas of lakes. VTANR must engage in an expanded public participation process with affected stakeholders and other interested people in a dialogue about intent, method, and content of the rules. VTANR is encouraged to use workshops, focused work groups, dockets, meetings, or other forms of communication to meet the participation requirements. On or before April 15, 2014, VTANR must submit a copy of the rules to the House Fish Wildlife and Water Resources Committee and to the Senate Natural Resources and Energy Committee along with a summary of the process followed in developing the rules.
The full text of H.526 is available for review here: http://www.leg.state.vt.us/docs/2014/bills/Intro/H-526.pdf
Tuesday, March 19, 2013
Summary of the latest version of the Shorelands Protection Bill (Draft 1.6)
The House Fish, Wildlife and Water Resources Committee held a public hearing on H.223 on March 12, 2013. Following the hearing the Committee heard additional testimony and redrafted a new Shorelands Protection Bill. Version 1.6 of the draft bill was posted on the Vermont Legislature’s Home web page http://www.leg.state.vt.us/ on March 15 as Draft 1.6. The following is a summary of this latest version of the Shorelands Protection Bill (Draft 1.6).
Among other findings, Draft 1.6 finds that scientifically based standards for impervious surfaces and disturbed areas adjacent to lakes are necessary to maintain the integrity of lakes while also allowing for reasonable development of shorelands. According to the U.S. Environmental Protection Agency’s 2007 National Lake Assessment, over 80 percent of Vermont’s lakes larger than 25 acres have been degraded by a lakeshore disturbance occurring within 50 feet of the shoreline. A lake or pond of more than 10 acres is located in 184 of Vermont’s 251 municipalities. However, only 48 municipalities have shoreland zoning that requires vegetative cover. To fulfill the State’s role as trustee of its waters and promote public health, safety and the general welfare, it is in the public interest to establish standards for impervious surfaces and disturbed areas in the shorelands of Vermont’s lakes.
The purposes of the lake shoreland protection standards are to:
(1) provide clear standards for the creation of impervious surface or disturbed area in shorelands;
(2) prevent degradation of lake water quality;
(3) protect aquatic biota, wildlife and aquatic habitat;
(4) minimize the creation of new impervious surface and new disturbed area in the protected shoreland areas of the state;
(5) mitigate any impact of new impervious surface and new disturbed area on Vermont’s lakes;
(6) mitigate the damage that floods and accelerated erosion cause to development, structures, and other resources in shorelands;
(7) protect shoreland owners’ access to, views of, and use of Vermont’s lakes; and
(8) preserve and further the economic benefits and values of lakes and their adjacent shorelands.
The bill establishes a “protected shoreland area” within 250 feet of the mean water level of lakes larger than 10 acres. The VT Agency of Natural Resources (VTANR) is required to adopt rule standards for the management of protected shoreland areas by July 1, 2015. The standards must require that the owner of an undeveloped lot created after January 1, 2013 maintain the lakeside area as a 100-foot wide area of vegetative cover from the mean water level of the lake. The standards must authorize the cutting, pruning or other management of vegetation in a lakeside area in a manner that ensures that some level of vegetative cover is maintained while also allowing for reasonable use of the lakeside area. Paths, recreational space, other small clearings, and gardens must be authorized in the vegetative cover provided they are designed to avoid being a conduit of surface water runoff.
Among other requirements, on a lot created after January 1, 2013, no more than 20 percent of the portion of the lot within the protected shoreland area may consist of impervious surface or disturbed area created after January 1, 2013. Beginning July 1, 2015, a permit from VTANR will be required to construct impervious surface or create new disturbed area on an undeveloped lot created on or after January 1, 2013. A permit will also be required to expand impervious surface or disturbed area on a lot created prior to January 1, 2013 if the expansion of the surface or area results in an increase of more than 500 square feet of impervious surface or disturbed area. Impervious surface or disturbed area in existence in the protected shoreland area prior to January 1, 2013 may be expanded up to 500 square feet over the duration of the lot’s existence without a permit, provided that the aggregate amount of all expansion does not exceed 20 percent of the protected shoreland area of the lot. A general permit may be established to authorize categories of construction of impervious surface or creation of disturbed area that present low risk of harm to the water quality or protected shoreland areas of lakes.
VTANR must delegate permitting authority to municipalities with existing bylaws (adopted as of July 1, 2013) provided that the bylaws require vegetative cover or other management practices designed to meet certain goals and also restrict the expansion of existing impervious surface or disturbed area. VTANR may delegate permitting authority to municipalities that adopt shoreland bylaws after July 1, 2013, provided that the requirements of the municipal bylaw are at least as stringent as the shoreland protection standards adopted by VTANR. In both cases, the delegation is accomplished through a delegation agreement between VTANR and the delegated municipality. The delegation may be revoked. Under the delegation agreement, VTANR and the municipality may agree to concurrent enforcement, and the municipality must commit to reporting annually to VTANR.
Municipalities not delegated permitting authority may request a variance for areas designated in their municipal bylaws for development according to historic development patterns or redevelopment of land that has been disturbed by industrial or urban development. VTANR may grant the variance if the municipality has adopted a shoreland bylaw or ordinance or has implemented management practices intended to prevent lake water quality degradation; protect aquatic biota, wildlife and aquatic habitat; minimize or mitigate disturbances in shorelands; or minimize or mitigate damage from floods and erosion.
Under specified conditions, silvicultural activities, agricultural activities, and certain proposed construction projects will not require a permit. The routine maintenance, repair and replacement of existing transportation infrastructure by the state or a municipality will not require a permit.
The shoreland protection standards adopted by VTANR are in addition to existing municipal bylaws and ordinances. The requirements of existing municipal bylaws remain in effect.
VTANR is required to begin rulemaking by September 1, 2013 to establish standards for the construction of impervious surface or creation of disturbed area in protected shoreland areas of lakes. VTANR must engage in an expanded public participation process with affected stakeholders and other interested people in a dialogue about intent, method, and content of the rules. VTANR is encouraged to use workshops, focused work groups, dockets, meetings, or other forms of communication to meet the participation requirements. A copy of the rules must be submitted to the Legislature by January 15, 2015, along with a summary of the process followed in developing the rules.
By September 1, 2013, VTANR must issue by procedure an interim standard for the permitting of construction of impervious surface or creation of disturbed area on an undeveloped lot created on or after January 1, 2013, and VTANR is authorized to permit such construction or creation under the interim standard.
The full text of Draft 1.6 is available for review here:
http://www.leg.state.vt.us/misc/0312Shorelands/FWCommitteeDraft16.pdf
Among other findings, Draft 1.6 finds that scientifically based standards for impervious surfaces and disturbed areas adjacent to lakes are necessary to maintain the integrity of lakes while also allowing for reasonable development of shorelands. According to the U.S. Environmental Protection Agency’s 2007 National Lake Assessment, over 80 percent of Vermont’s lakes larger than 25 acres have been degraded by a lakeshore disturbance occurring within 50 feet of the shoreline. A lake or pond of more than 10 acres is located in 184 of Vermont’s 251 municipalities. However, only 48 municipalities have shoreland zoning that requires vegetative cover. To fulfill the State’s role as trustee of its waters and promote public health, safety and the general welfare, it is in the public interest to establish standards for impervious surfaces and disturbed areas in the shorelands of Vermont’s lakes.
The purposes of the lake shoreland protection standards are to:
(1) provide clear standards for the creation of impervious surface or disturbed area in shorelands;
(2) prevent degradation of lake water quality;
(3) protect aquatic biota, wildlife and aquatic habitat;
(4) minimize the creation of new impervious surface and new disturbed area in the protected shoreland areas of the state;
(5) mitigate any impact of new impervious surface and new disturbed area on Vermont’s lakes;
(6) mitigate the damage that floods and accelerated erosion cause to development, structures, and other resources in shorelands;
(7) protect shoreland owners’ access to, views of, and use of Vermont’s lakes; and
(8) preserve and further the economic benefits and values of lakes and their adjacent shorelands.
The bill establishes a “protected shoreland area” within 250 feet of the mean water level of lakes larger than 10 acres. The VT Agency of Natural Resources (VTANR) is required to adopt rule standards for the management of protected shoreland areas by July 1, 2015. The standards must require that the owner of an undeveloped lot created after January 1, 2013 maintain the lakeside area as a 100-foot wide area of vegetative cover from the mean water level of the lake. The standards must authorize the cutting, pruning or other management of vegetation in a lakeside area in a manner that ensures that some level of vegetative cover is maintained while also allowing for reasonable use of the lakeside area. Paths, recreational space, other small clearings, and gardens must be authorized in the vegetative cover provided they are designed to avoid being a conduit of surface water runoff.
Among other requirements, on a lot created after January 1, 2013, no more than 20 percent of the portion of the lot within the protected shoreland area may consist of impervious surface or disturbed area created after January 1, 2013. Beginning July 1, 2015, a permit from VTANR will be required to construct impervious surface or create new disturbed area on an undeveloped lot created on or after January 1, 2013. A permit will also be required to expand impervious surface or disturbed area on a lot created prior to January 1, 2013 if the expansion of the surface or area results in an increase of more than 500 square feet of impervious surface or disturbed area. Impervious surface or disturbed area in existence in the protected shoreland area prior to January 1, 2013 may be expanded up to 500 square feet over the duration of the lot’s existence without a permit, provided that the aggregate amount of all expansion does not exceed 20 percent of the protected shoreland area of the lot. A general permit may be established to authorize categories of construction of impervious surface or creation of disturbed area that present low risk of harm to the water quality or protected shoreland areas of lakes.
VTANR must delegate permitting authority to municipalities with existing bylaws (adopted as of July 1, 2013) provided that the bylaws require vegetative cover or other management practices designed to meet certain goals and also restrict the expansion of existing impervious surface or disturbed area. VTANR may delegate permitting authority to municipalities that adopt shoreland bylaws after July 1, 2013, provided that the requirements of the municipal bylaw are at least as stringent as the shoreland protection standards adopted by VTANR. In both cases, the delegation is accomplished through a delegation agreement between VTANR and the delegated municipality. The delegation may be revoked. Under the delegation agreement, VTANR and the municipality may agree to concurrent enforcement, and the municipality must commit to reporting annually to VTANR.
Municipalities not delegated permitting authority may request a variance for areas designated in their municipal bylaws for development according to historic development patterns or redevelopment of land that has been disturbed by industrial or urban development. VTANR may grant the variance if the municipality has adopted a shoreland bylaw or ordinance or has implemented management practices intended to prevent lake water quality degradation; protect aquatic biota, wildlife and aquatic habitat; minimize or mitigate disturbances in shorelands; or minimize or mitigate damage from floods and erosion.
Under specified conditions, silvicultural activities, agricultural activities, and certain proposed construction projects will not require a permit. The routine maintenance, repair and replacement of existing transportation infrastructure by the state or a municipality will not require a permit.
The shoreland protection standards adopted by VTANR are in addition to existing municipal bylaws and ordinances. The requirements of existing municipal bylaws remain in effect.
VTANR is required to begin rulemaking by September 1, 2013 to establish standards for the construction of impervious surface or creation of disturbed area in protected shoreland areas of lakes. VTANR must engage in an expanded public participation process with affected stakeholders and other interested people in a dialogue about intent, method, and content of the rules. VTANR is encouraged to use workshops, focused work groups, dockets, meetings, or other forms of communication to meet the participation requirements. A copy of the rules must be submitted to the Legislature by January 15, 2015, along with a summary of the process followed in developing the rules.
By September 1, 2013, VTANR must issue by procedure an interim standard for the permitting of construction of impervious surface or creation of disturbed area on an undeveloped lot created on or after January 1, 2013, and VTANR is authorized to permit such construction or creation under the interim standard.
The full text of Draft 1.6 is available for review here:
http://www.leg.state.vt.us/misc/0312Shorelands/FWCommitteeDraft16.pdf
Saturday, March 9, 2013
UPDATE! H. 223 – Shoreland Protection Requirements for Lakes
A public hearing on H.223 is scheduled for Tuesday, March 12, from 6-8 PM in Room 11 at the State House in Montpelier.
The Federation of Vermont Lakes and Ponds has urged legislators to develop enforceable statewide regulations to protect and restore Vermont’s lakeshore buffers. Statewide regulations and enforcement are needed in addition to existing educational outreach. The VT Agency of Natural Resources, Vermont Natural Resources Council, Lake Champlain International, the Lake Champlain Committee, the Conservation Law Foundation and Vermont lakeshore property owners are among those who have spoken in favor of H.223. Legislators need to hear from even more Vermonters. Please attend the public hearing and offer your thoughts on the value of protecting and enhancing the quality of Vermont's lakes and ponds.
H.223 was introduced in response to the VT Agency of Natural Resources’ Act 138 Shorelands Report, a report mandated by the Vermont Legislature in 2012. In the Shorelands Report, the VTANR concluded that “the current shoreland management approach in Vermont – education, outreach, technical assistance and voluntary municipal participation – is not providing adequate protection of Vermont’s lakes. Comparing Vermont’s current shoreland management practices to other northeastern states’ programs reveals a major gap in Vermont’s management program: Vermont is the only northeastern state without state standards for shoreland development. New approaches are needed to ensure the long term health of Vermont lakes and shorelands.”
The following summary of H.223 is based on the bill as it was introduced in the Legislature on February 8, 2013. Over the past few weeks the House Fish, Wildlife and Water Resources Committee has been hearing testimony on the bill, and the final form of the bill is still under discussion. The next Legislative Update will summarize changes to the bill anticipated to be presented at the public hearing on March 12.
Among other findings, H.223 finds that the protection of shorelands is essential to maintain the integrity of lake waters and that under current law, the potential exists for development patterns along lake shorelands that could result in significant negative impacts on the lakes.
The bill establishes a “lakeside zone” within 100 feet of lakes and a “protected shoreland zone” within 250 feet of lakes. The bill requires VTANR to adopt rule standards for the permitting of disturbances and development in the lakeside zone and protected shoreland zone. The standards must be designed to minimize shoreland disturbance in order to protect lake waters, while accommodating reasonable levels of shoreland development adjacent to lakes. The bill requires the establishment and maintenance of a buffer within the lakeside zone, provides additional guidance regarding the standards, and authorizes paths to the lake and small clearings in the vegetative cover within the lakeside zone to allow for recreation and uses related to structures. In addition to other requirements, the standards must require new primary structures to be set back 25 feet from the lakeside zone and must establish maximum building heights for new primary structures and minimum lot sizes and lake frontage for new lots. The standards must also include requirements regarding the expansion, repair, renovation or amendment of existing primary and accessory structures.
Beginning January 1, 2016, a person shall not begin or conduct land development or a disturbance in the protected shoreland zone without a permit from VTANR under the required rules. Variances from the rules may be granted. A general permit may be established to authorize a specific land development or disturbance without notifying or reporting to VTANR.
Beginning January 1, 2016, a person shall not begin or conduct land development or a disturbance in the protected shoreland zone without a permit from VTANR under the required rules. Variances from the rules may be granted. A general permit may be established to authorize a specific land development or disturbance without notifying or reporting to VTANR.
As of January 1, 2016, those provisions of municipal bylaws or ordinances that regulate land development or disturbances within the lakeside zone and protected shoreland zone are superseded by the provisions of the bill and the rules adopted by VTANR. Permits issued under those ordinances remain in effect unless and until superseded by a permit issued under the new rules.
If a municipality requests delegation of the permitting required under this bill, VTANR must delegate authority to the municipality to implement the rules and enforcement if the municipality satisfies VTANR that it has adopted a bylaw or ordinance at least as stringent as the rules, has a permitting process and sufficient staff to implement it, will take enforcement action, and commits to annual reporting to VTANR. VTANR may review municipal implementation.
The Federation of Vermont Lakes and Ponds has urged legislators to develop enforceable statewide regulations to protect and restore Vermont’s lakeshore buffers. Statewide regulations and enforcement are needed in addition to existing educational outreach. The VT Agency of Natural Resources, Vermont Natural Resources Council, Lake Champlain International, the Lake Champlain Committee, the Conservation Law Foundation and Vermont lakeshore property owners are among those who have spoken in favor of H.223. Legislators need to hear from even more Vermonters. Please attend the public hearing and offer your thoughts on the value of protecting and enhancing the quality of Vermont's lakes and ponds.
H.223 was introduced in response to the VT Agency of Natural Resources’ Act 138 Shorelands Report, a report mandated by the Vermont Legislature in 2012. In the Shorelands Report, the VTANR concluded that “the current shoreland management approach in Vermont – education, outreach, technical assistance and voluntary municipal participation – is not providing adequate protection of Vermont’s lakes. Comparing Vermont’s current shoreland management practices to other northeastern states’ programs reveals a major gap in Vermont’s management program: Vermont is the only northeastern state without state standards for shoreland development. New approaches are needed to ensure the long term health of Vermont lakes and shorelands.”
The following summary of H.223 is based on the bill as it was introduced in the Legislature on February 8, 2013. Over the past few weeks the House Fish, Wildlife and Water Resources Committee has been hearing testimony on the bill, and the final form of the bill is still under discussion. The next Legislative Update will summarize changes to the bill anticipated to be presented at the public hearing on March 12.
Among other findings, H.223 finds that the protection of shorelands is essential to maintain the integrity of lake waters and that under current law, the potential exists for development patterns along lake shorelands that could result in significant negative impacts on the lakes.
The bill establishes a “lakeside zone” within 100 feet of lakes and a “protected shoreland zone” within 250 feet of lakes. The bill requires VTANR to adopt rule standards for the permitting of disturbances and development in the lakeside zone and protected shoreland zone. The standards must be designed to minimize shoreland disturbance in order to protect lake waters, while accommodating reasonable levels of shoreland development adjacent to lakes. The bill requires the establishment and maintenance of a buffer within the lakeside zone, provides additional guidance regarding the standards, and authorizes paths to the lake and small clearings in the vegetative cover within the lakeside zone to allow for recreation and uses related to structures. In addition to other requirements, the standards must require new primary structures to be set back 25 feet from the lakeside zone and must establish maximum building heights for new primary structures and minimum lot sizes and lake frontage for new lots. The standards must also include requirements regarding the expansion, repair, renovation or amendment of existing primary and accessory structures.
Beginning January 1, 2016, a person shall not begin or conduct land development or a disturbance in the protected shoreland zone without a permit from VTANR under the required rules. Variances from the rules may be granted. A general permit may be established to authorize a specific land development or disturbance without notifying or reporting to VTANR.
Beginning January 1, 2016, a person shall not begin or conduct land development or a disturbance in the protected shoreland zone without a permit from VTANR under the required rules. Variances from the rules may be granted. A general permit may be established to authorize a specific land development or disturbance without notifying or reporting to VTANR.
As of January 1, 2016, those provisions of municipal bylaws or ordinances that regulate land development or disturbances within the lakeside zone and protected shoreland zone are superseded by the provisions of the bill and the rules adopted by VTANR. Permits issued under those ordinances remain in effect unless and until superseded by a permit issued under the new rules.
If a municipality requests delegation of the permitting required under this bill, VTANR must delegate authority to the municipality to implement the rules and enforcement if the municipality satisfies VTANR that it has adopted a bylaw or ordinance at least as stringent as the rules, has a permitting process and sufficient staff to implement it, will take enforcement action, and commits to annual reporting to VTANR. VTANR may review municipal implementation.
H. 356 – Prohibiting Littering In or On Waters of the State
Prohibits littering in or on Waters of the State and establishes a Marine Debris Cleanup Fund for cleanup activities in shorelands and river corridors in Vermont. Fees and fines collected for violations of the littering prohibition would be deposited into the Marine Debris Cleanup Fund.
February 22, 2013: Read First Time and Referred to the House Committee on Fish, Wildlife & WaterResources.
February 22, 2013: Read First Time and Referred to the House Committee on Fish, Wildlife & WaterResources.
H. 223 – Shoreland Protection Requirements for Lakes
Authorizes the Agency of Natural Resources to adopt rule requirements for ground disturbances and development within shoreland zones adjacent to Vermont lakes.
February 8, 2013: Read First Time and Referred to the House Committee on Fish, Wildlife & WaterResources.
February 8, 2013: Read First Time and Referred to the House Committee on Fish, Wildlife & WaterResources.
Monday, January 21, 2013
Final Version of Act 138 Shoreland Report
Help may be on the way for Vermont’s lakes.
A National Lakes Assessment conducted by the U.S. Environmental Protection
Agency in 2007 found that of the stressors included in the assessment, poor
lakeshore habitat (measured by the amount and type of lakeshore vegetation) is
the biggest problem in the nation’s lakes. Over one-third of the nation’s
lakes exhibit poor lakeshore habitat, and poor biological health is three times
more likely in these lakes. Lake assessments in Vermont have shown that
Vermont lakes rank worse than the northeast region and the national average
(lower 48 states) in terms of shoreland disturbance. Only 17% of Vermont
lakeshores are in good condition as measured by the extent of disturbance and
lawns along the shore, compared to 42% regionally and 35% nationally.
Vermont is the only northeastern state without state standards for shoreland
development.
Studies in Vermont and nationally show a strong correlation between cleared
shoreland and loss of shallow water habitat for fish and other organisms.
After learning of these studies, in 2012 the Vermont Legislature passed Act 138,
which in part directed the Vermont Agency of Natural Resources to report back to
the Legislature with recommendations on how the state should work toward the
restoration and protection of lake shorelands, including how the state should
regulate development in shorelands, whether the state should enact statewide
regulation for activities within shorelands, and whether any regulation of
activities within shorelands should be based on site-specific criteria.
The resulting Act 138 Shorelands Report, Lake Shoreland Protection and Restoration Management Options, can be viewed at the following link:
http://www.anr.state.vt.us/
The resulting Act 138 Shorelands Report, Lake Shoreland Protection and Restoration Management Options, can be viewed at the following link:
http://www.anr.state.vt.us/
An Executive Summary of the report can be found at:
It is anticipated that a bill will be introduced in the Vermont Legislature
this session to improve lake water quality in Vermont through a new approach to
the management of Vermont’s lakeshores. As the Act 138 Shorelands Report
states, “This is an opportunity for the Vermont Legislature to implement a fair
and effective program for lakeshore management and protection to ensure that the
state’s economic, social, and ecological values are protected for current and
future generations.”
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