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1 H.825
2 Introduced by Representatives Galfetti of Barre Town, Anthony of Barre City,
3 Chase of Chester, Chesnut-Tangerman of Middletown Springs,
4 Cina of Burlington, Cole of Hartford, Gregoire of Fairfield,
5 Hango of Berkshire, Headrick of Burlington, Labor of Morgan,
6 Logan of Burlington, Maguire of Rutland City, McCann of
7 Montpelier, Morris of Springfield, Morrissey of Bennington,
8 Mulvaney-Stanak of Burlington, Page of Newport City,
9 Peterson of Clarendon, Roberts of Halifax, Templeman of
10 Brownington, and Williams of Barre City
11 Referred to Committee on
12 Date:
13 Subject: Conservation and development; regulation of stream flow; stream
14 alteration; municipal maintenance
15 Statement of purpose of bill as introduced: This bill proposes to authorize a
16 municipality to remove instream material from a watercourse without a State
17 stream alteration permit when the removal is exempt from federal permitting,
18 is self-verified under federal permitting, or occurs in a water or wetland that is
19 not a navigable water of the United States.
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1 An act relating to authorizing municipalities to conduct maintenance of
2 waterways
3 It is hereby enacted by the General Assembly of the State of Vermont:
4 Sec. 1. 10 V.S.A. § 1002 is amended to read:
5 § 1002. DEFINITIONS
6 As used in this chapter:
7 ***
8 (13) “Instream material” means:
9 (A) all gradations of sediment from silt to boulders;
10 (B) ledge rock; or
11 (C) large woody debris in the bed of a watercourse or within the
12 banks of a watercourse.
13 ***
14 (19) “Secretary” means the Secretary of Natural Resources or the
15 Secretary’s duly authorized representative.
16 (20) “Surface water” means all rivers, streams, creeks, brooks,
17 reservoirs, ponds, lakes, and all bodies of surface waters that are contained
18 within, flow through, or border upon the State or any portion of it. “Surface
19 water” does not include the following:
20 (A) groundwater as defined in section 1391 of this title;
21 (B) artificial waterbodies as defined under section 29A-101(d) of the
22 Vermont Water Quality Standards;
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1 (C) treatment ponds, lagoons, or wetlands created solely to meet the
2 requirements of a permit issued for a discharge; and
3 (D) constructed off-stream farm ponds or other off-stream
4 impoundments that are used for irrigation for farming or watering of livestock.
5 ***
6 (22) “Watercourse” means any perennial stream. “Watercourse” does
7 not include ditches or other constructed channels primarily associated with
8 land drainage or water conveyance through or around private or public
9 infrastructure.
10 ***
11 (25) “Maintenance” means the repair, reconstruction, or rehabilitation of
12 a structure, such as a dike, dam, riprap, breakwater, or bridge, within a
13 watercourse, including the removal of instream material.
14 (26) “Municipality” means a city, town, or village.
15 (27) “U.S. Corps of Engineers Vermont General Permit” means the U.S.
16 Department of the Army General Permit No. NAE-2022-00024, effective on
17 December 6, 2022.
18 Sec. 2. 10 V.S.A. § 1021 is amended to read:
19 § 1021. ALTERATION PROHIBITED; EXCEPTIONS
20 (a) A person shall not change, alter, or modify the course, current, or cross
21 section of any watercourse or of designated outstanding resource waters,
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1 within or along the boundaries of this State either by movement, fill, or
2 excavation of ten 10 cubic yards or more of instream material in any year,
3 unless authorized by the Secretary. A person shall not establish or construct a
4 berm in a flood hazard area or river corridor, as those terms are defined in
5 subdivisions 752(3) and (11) of this title, unless permitted by the Secretary or
6 constructed as an emergency protective measure under subsection (b) of this
7 section.
8 (b) The requirements of subsection (a) of this section shall not apply to
9 emergency protective measures necessary to preserve life or to prevent severe
10 imminent damage to public or private property, or both. The protective
11 measures shall:
12 (1) be limited to the minimum amount necessary to remove imminent
13 threats to life or property;
14 (2) have prior approval from a member of the municipal legislative
15 body;
16 (3) be reported to the Secretary by the legislative body within 24 hours
17 after the onset of the emergency; and
18 (4) be implemented in a manner consistent with the general permit
19 adopted under section 1027 of this title regarding stream alteration during
20 emergencies.
21 ***
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1 (i) The requirements of subsection (a) of this section and section 1023 of
2 this title shall not apply to the removal of instream material by a municipality
3 conducting maintenance of a watercourse or a structure within a watercourse
4 when the removal of the instream material:
5 (1) is maintenance exempt under 33 C.F.R. § 323.4(a)(2) from the U. S.
6 Army Corps of Engineers permitting required by 33 U.S.C. § 1344;
7 (2) is an activity that is self-verification eligible under the U.S. Corps of
8 Engineers Vermont General Permit, including maintenance, dredging, and
9 shoreline stabilization activities; or
10 (3) occurs in a water or wetland that is not a navigable water of the
11 United States.
12 Sec. 3. STEVENS BRANCH; MAINTENANCE AUTHORIZED
13 The City of Barre is authorized to remove instream material from the
14 Stevens Branch of the Winooski River under 10 V.S.A. § 1021(i) without a
15 stream alteration permit for the purpose of performing maintenance and repair
16 of riprap, breakwaters, and other structures in the watercourse that were
17 constructed or installed to create or maintain the Stevens Branch.
18 Sec. 4. EFFECTIVE DATE
19 This act shall take effect on passage.
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Statutes affected:
As Introduced: 10-1002, 10-1021