Vermont Wetland Rule
- Vermont Wetland Rules (effective 2/10/2023)
Vermont wetland rule amendments 2023
Effective February 10, 2023 the Vermont Wetland Rules changed from the 2020 version to the recently approved 2023 version. Our November 1, 2022 public meeting presentation explains the extent of the changes. The below bullet points summarize the changes:
- Section 4.1: Adds language to clarify the Secretary’s statutory authority to reclassify wetlands in general or on a case-by-case basis.
- Section 4.4: Adds language clarifying the purpose of the VSWI, the Secretary’s ability to edit existing mapped wetlands on the VSWI, and where the maps may be viewed by the public.
- Section 4.6: Revises Presumptive Class II wetland list to Categorical Class II wetland list consistent with the general wetland determination. Note that any categorical Class II wetland may be petitioned for Class III/non-jurisdictional status based on an evaluation of functions and values.
- Section 8.3: Adds ENB noticing requirements for proposed general wetland determinations.
- Section 8.5: Adds noticing requirements for statewide VSWI map edits reflecting general wetland determinations, as well as noticing requirements for map edits and revisions.
- Appendix A: Adds Wards Marsh in West Haven and Eshqua Bog in Hartland as Class I wetlands.
Rule Procedures
- Procedure for Application of Silviculture Allowed Uses of the Vermont Wetland Rules
- Repair and Maintenance Allowed Use Guidance
- Vermont Wetlands Section Class II and Class III Determination Procedure
- Vermont Wetland Rules Contiguous Wetlands Procedure
- Vermont Wetlands Rules Applicability to Roads Procedure
- Procedure for Existing Constructed Features
- Emergency Actions Within Wetlands
Below are superseded versions of the Vermont Wetland Rules
- 2020 VWR: The purpose of this rulemaking was to include Class I protections for one wetlands. The new Class I wetland is Beaver Meadows in Ripton.
- 2018 VWR: The purpose of this rulemaking was to include Class I protections for two wetlands. The two new Class I wetlands are the LaPlatte River Wetlands in Shelburne, and Peacham Bog in Peacham.
- 2017 VWR
- 2010 VWR
- 2002 VWR
- 1990 VWR