Flood Hazard Area & River Corridor Protection Procedure: Act 250/Section 248 proceedings
Flood Hazard Area & River Corridor Rule: Activities exempt from municipal regulation
Compensatory Storage Guidance: Explains methods to calculate compensatory storage needed to satisfy the No Adverse Impact Standard (NAI) of the Vermont Agency of Natural Resources (ANR) Flood Hazard Area & River Corridor (FHARC) Rule
Proposed development within floodplains and river corridors may be subject to state permits depending on type and scale of the activity:
Act 250
Projects that require an Act 250 permit and are located within a flood hazard area or river corridor must meet requirements under Criterion 1D –Flood Hazard Areas, River Corridors. The Flood Hazard Area & River Corridor Protection Procedure describes how DEC makes floodway determinations and recommendations to the Natural Resources Board District Commissions for Act 250 proceedings.
Flood Hazard Area & River Corridor Rule
The Vermont Flood Hazard Area & River Corridor (FHA&RC) Rule (effective 3/1/2015) regulates activities exempt from municipal regulation in flood hazard areas and river corridors. These activities include:
- state-owned and operated institutions and facilities;
- accepted agricultural and silvicultural practices; and,
- power generation, transmission, and telecommunication facilities seeking a Certificate of Public Good from the Public Service Board (30 V.S.A. §§ 248 and 248a)
FHA&RC General Permit
The Department has issued an amended General Permit (2021) pursuant to 10 V.S.A. §754 for activities exempt from municipal regulation in Flood Hazard Areas and River Corridors. The purpose of this general permit is to ensure that all activities are regulated efficiently and effectively in accordance with the requirements of 10 V.S.A. Chapter 32 and the FHA&RC Rule. This Rule requires the Department of Environmental Conservation’s Watershed Management Division to regulate activities exempt from municipal regulation in flood hazard areas and river corridors. These activities include state-owned and operated institutions and facilities, accepted agricultural and silvicultural practices, and power generating and transmission facilities regulated under 30 V.S.A. §§ 248 and 248a.