As of January 1, 2018, certain types of permits, certifications and registrations are required to be noticed publicly on the new Environmental Notice Bulletin (ENB) and must follow new procedural rules under Act 150 (10 V.S.A. Chapter 170), a law that standardized and consolidated DEC public notice and comment processes.
What does this mean for applicants?
Any application deemed administratively complete by the DEC after January 1, 2018 will be subject to new procedures under Act 150. “Administratively Complete” means an application for a permit or notice of intent under a general permit for which all initially required documentation has been submitted, and any required permit fee, and the information submitted initially addresses all application requirements but has not yet been subjected to a complete technical review. For purposes of a general permit, it shall be considered administratively complete when the draft general permit has been placed on public notice. If your application was deemed administratively complete prior to January 1, 2018, your application will follow the process in place when it was deemed complete. Please note that applications may have been submitted to DEC prior to January 1, 2018 but not immediately deemed complete.
Other changes to procedures under Act 150 include:
The requirement for applicants of certain permit types - known as Type 1 and Type 2 permits under the Act - to notify adjoining property owners of their application. This must be done prior to submitting the application to the department. The Department has created an official notice which applicants are required to use to make this notification- this notice is available as a form template for your convenience (please note that you must download the document and save it prior to filling it in or changes will not be saved). The applicant must include a certification to the Department that they have sent notification to the adjoining property owners via US mail.
Applicants will no longer have to notify the Town Clerk of their application as ENB will send an automatic subscription notification when the activity is published to ENB. Please note that this notification is for the primary town listed in the application, not adjoining towns.
For some permit types, a comment period has been added to the process. For other permit types the traditional length of the comment period may be longer.
- Air Quality Permits
- Drinking Water and Groundwater Permits
- Wastewater Systems and Potable Water Supply Permits
- Water Investment Permits (including Facilities Engineering Permits)
- Water Investment Applications and Other Forms (Including Facilities Engineering Applications and Other Forms)
- Solid Waste Certifications
- Waste Transporter Permits
- Salvage Yard Permitting
- Underground Storage Tank Permits
- Hazardous Waste Permitting
- Watershed Management Permits
For general assistance related to permitting, please refer to: