Vermont H 805: An act relating to the collective bargaining rights of teachers

Bill Text

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H.805 1
Introduced by Representatives North of Ferrisburgh and Olson of Starksboro 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; water resources; taxation; 5
wastewater; wetlands; stormwater 6
Statement of purpose of bill as introduced: This bill proposes to authorize the 7
Secretary of Natural Resources to issue general permits for stormwater 8
discharges, wetlands activity, and wastewater systems and potable water 9
supplies when the proposed activity will have a minor impact and a licensed 10
engineer certifies that the proposed activity complies with the permit rules. 11
The bill also would require the Secretary of Natural Resources to identify by 12
rule criteria or technical standards for a potable water supply or wastewater 13
system permit for an owner-occupied residence that shall be waived or reduced 14
if the permit applicant can demonstrate alternative, engineered solutions that 15
mitigate the possible harm from a failed wastewater system or potable water 16
supply or the applicant files with the permit a statement assuming all liability 17
for all damages incurred from the installation or failure of the wastewater 18
system or potable water supply. In addition, the bill would require that a 19
portion of a parcel owned by a resident of the State containing wetlands or Tier 20

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3 lands be valued for taxation at the lesser of the fair market value of the 1
portion of the parcel or of the use value of forest land. 2
An act relating to water resources of the State 3
It is hereby enacted by the General Assembly of the State of Vermont: 4
Sec. 1. 10 V.S.A. § 913 is amended to read: 5
§ 913. PROHIBITION 6
(a)(1) Except for allowed uses adopted by the Department by rule, no 7
person shall conduct or allow to be conducted an activity in a significant 8
wetland or buffer zone of a significant wetland except in compliance with a 9
permit, conditional use determination, or order issued by the Secretary. 10
(2) The Department shall issue general permits for classes of activity in 11
a significant wetland or the buffer zone of a significant wetland that do not 12
require Department review when the activity will have only a minor 13
disturbance on the wetland. The Secretary shall give deference to a 14
certification by a licensed engineer with respect to the engineering design of an 15
allowed use in a wetland or to judgment exercised by the engineer, provided 16
that the licensed engineer certifies that, in the exercise of the engineer’s 17
reasonable professional judgment, the information submitted with the permit 18
application is true and correct and the activity proposed in the permit 19

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application complies with the rules adopted under this chapter regarding 1
activity in a wetland. 2
(b) A permit shall not be required under this section for: 3
(1) any activity that occurred before the effective date of this section 4
unless the activity occurred within: 5
(A) an area identified as a wetland on the Vermont significant 6
wetlands inventory maps; 7
(B) a wetland that was contiguous to an area identified as a wetland 8
on the Vermont significant wetlands inventory maps; or 9
(C) the buffer zone of a wetland referred to in subdivision (A) or (B) 10
of this subdivision (1); 11
(2) any construction within a wetland that is identified on the Vermont 12
significant wetlands inventory maps or within the buffer zone of such a 13
wetland, provided that the construction was completed prior to February 23, 14
1992, and no action for which a permit is required under the rules of the 15
Department was taken or caused to be taken on or after February 23, 1992. 16
Sec. 2. 10 V.S.A. § 1264(g) is amended to read: 17
(g) General permits. 18
(1) The Secretary may issue general permits for classes of stormwater 19
runoff that shall be adopted and administered in accordance with the provisions 20
of subsection 1263(b) of this title. 21

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(4) The Secretary shall issue a general permit under this subsection for 2
minor construction, development, or expansion of impervious surface that does 3
not require review by the Secretary where the risk of harm from stormwater 4
runoff is low. The Secretary shall give deference to a certification by a 5
licensed engineer with respect to the engineering design of a stormwater 6
system under this section or to judgment exercised by the licensed engineer, 7
provided that the licensed engineer certifies that, in the exercise of the 8
engineer’s reasonable professional judgment, the information submitted with 9
the permit application is true and correct and the design or mitigation proposed 10
in the permit application complies with the rules adopted under this chapter 11
regarding management of stormwater ru