Act No. 121 Page 1 of 2
2024
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 121 (S.213). An act relating to the regulation of wetlands, river corridor
development, and dam safety
Subjects: Conservation and development; wetlands; dam safety; river corridors
This act, entitled the Flood Safety Act, amends multiple provisions related to river
corridors, flood hazard areas, wetlands, and dams. The act directs the Department of
Environmental Conservation (DEC) to amend the State River Corridor Base Map by
January 1, 2026, to identify areas suitable for development located in existing settlements
in river corridors that will not contribute to fluvial erosion hazards. DEC is required to
adopt rules addressing development in mapped river corridors. Beginning on January 1,
2028, a permit from DEC is required to commence or conduct development in a river
corridor. “Development” is defined as any man-made change to improved or
unimproved real estate, including buildings or other structures, mining, dredging, filling,
grading, paving, excavation, or drilling operations or storage of equipment or materials.
The act requires the Agency of Natural Resources (ANR) to adopt rules to establish
flood hazard area standards for enrollment in the National Flood Insurance Program
(NFIP). On or after January 1, 2028, the State Flood Hazard Area Standards shall be the
State’s minimum flood hazard area standards. A municipality with a flood hazard area
bylaw is required to update the bylaw to conform to the State standards. The act also
requires ANR to establish the Study Committee on State Administration of the National
Flood Insurance Program to recommend how to reduce vulnerability to inundation
flooding, including whether and how to shift administration and NFIP enforcement from
towns to DEC. The Study Committee shall report its findings to the General Assembly
on or before August 15, 2025.
The act provides that it is the policy of the State to protect, regulate, and restore
wetlands so that the State achieves a net gain of wetlands acreage. The act requires ANR
to update the Vermont Significant Wetlands Inventory (VSWI) maps on or before
January 1, 2026, and not less than annually thereafter. Similarly, on or before January 1,
2030, the act requires ANR to complete High Quality Wetlands Inventory Plus mapping
for all tactical basins in the State.
In addition, the act requires ANR on or before July 1, 2025, to amend the Vermont
Wetlands Rules to provide that the goal of wetlands regulation in the State is the net gain
of wetlands to be achieved through protection of existing wetlands and restoration of
previously affected wetlands. Where a permitted activity in a wetland will cause more
than 5,000 square feet of adverse effects that cannot be avoided, ANR shall require a
permit applicant to restore, enhance, or create wetlands or buffers to compensate for the
adverse effects on a wetland. The amount of wetlands to be restored, enhanced, or
created shall be calculated by determining the acreage or square footage of wetlands
permanently drained or filled as a result of the permitted activity and multiplying that
acreage or square footage by two, to result in ratio of 2:1 restoration to wetland loss.
VT LEG #377432 v.2
Act No. 121 Page 2 of 2
2024
The act transfers from the Public Utility Commission to DEC jurisdiction over the
safety of 21 electric generating dams. The PUC will retain authority over any activities at
the 21 dams that require authorization relating to electric generation. The act also
amends the existing Unsafe Dam Revolving Loan Fund to be the Dam Safety Revolving
Loan Fund. The revised fund will provide financial assistance for emergency and
nonemergency projects. In addition, the act establishes the Study Committee on Dam
Emergency Operations Planning to recommend how to improve regional emergency
action planning for hazards from dam failure, including how to shift responsibility for
emergency planning from municipalities to regional authorities and how to fund dam
emergency action planning at the regional level. The Study Committee shall report to the
General Assembly on or before December 15, 2024.
The act also bans the sale of dock floats, mooring buoys, or anchor or navigation
markers made, in whole or in part, from expanded polystyrene foam that is not wholly
encapsulated or encased within a more durable material or open-cell (beaded)
polystyrene, including materials that are encapsulated and unencapsulated. The act also
prohibits the use of unencapsulated polystyrene or open-cell (beaded) polystyrene for the
installation or repair of a new buoy, dock, or floating structure on the waters of the State.
The act also requires ANR and the Natural Resources Board to separately report on how
and whether to establish criteria for waiving, reducing, or mitigating Act 250 permit fees
for persons of low income or other criteria.
Multiple effective dates, beginning on May 30, 2024
VT LEG #377432 v.2


Statutes affected:
As Introduced: 10-901, 10-916, 10-1274(a), 10-1274, 10-752, 10-754, 10-1095, 10-1105, 10-1106, 10-1110, 10-1080
As Passed By the Senate -- Official: 10-901, 10-916, 10-1274(a), 10-1274, 10-752, 10-754, 10-1095, 10-1105, 10-1106, 10-1110, 10-1080, 10-755, 24-4302(c)(14), 24-4302, 24-4302(c), 24-4382(a)(12), 24-4382, 24-4382(a), 24-4424, 10-43, 10-1253(d), 10-1253
As Passed By the Senate -- Unofficial: 10-752, 10-754, 10-755, 24-4302(c)(14), 24-4302, 24-4302(c), 24-4382(a)(12), 24-4382, 24-4382(a), 24-4424, 10-901, 10-916, 10-1274(a), 10-1274, 10-43, 10-1253(d), 10-1253
As Passed by Both House and Senate -- Official: 10-901, 10-916, 10-1274(a), 10-1274, 10-752, 10-754, 10-1095, 10-1105, 10-1106, 10-1110, 10-1080, 10-755, 24-2291(25), 24-2291, 24-4302(c)(14), 24-4302, 24-4302(c), 24-4382(a)(12), 24-4382, 24-4382(a), 24-4413(a)(2), 24-4413, 24-4413(a), 24-4414(1)(G), 24-4414, 24-4414(1), 24-4424, 10-1266a, 10-43, 10-1253(d), 10-1253
As Passed by Both House and Senate -- Unofficial: 10-752, 10-754, 10-755, 24-2291(25), 24-2291, 24-4302(c)(14), 24-4302, 24-4302(c), 24-4382(a)(12), 24-4382, 24-4382(a), 24-4413(a)(2), 24-4413, 24-4413(a), 24-4414(1)(G), 24-4414, 24-4414(1), 24-4424, 10-901, 10-916, 10-1266a, 10-1274(a), 10-1274, 10-43, 10-1253(d), 10-1253
As Enacted: 10-752, 10-754, 10-755, 24-2291(25), 24-2291, 24-4302(c)(14), 24-4302, 24-4302(c), 24-4382(a)(12), 24-4382, 24-4382(a), 24-4413(a)(2), 24-4413, 24-4413(a), 24-4414(1)(G), 24-4414, 24-4414(1), 24-4424, 10-901, 10-916, 10-1266a, 10-1274(a), 10-1274, 10-43, 10-1253(d), 10-1253