Vermont S 266: An act relating to prohibiting the use of neonicotinoid-treated article seed

Bill Text

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VT LEG #385912 v.1
S.266 1
Introduced by Senators Chittenden and Brennan 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; water resources; wetlands; permitting 5
Statement of purpose of bill as introduced: This bill proposes to amend 6
requirements for the development of residential housing projects in wetlands in 7
the State. The bill would authorize the Department of Environmental 8
Conservation to adopt allowed uses for the construction of residential housing 9
projects and necessary linear utilities related to the housing projects. No 10
permit would be required for allowed uses adopted by the Department by rule. 11
In addition, the bill would require the Secretary of Natural Resources to issue 12
comprehensive guidance, with the input of wetland consultants and other 13
stakeholders, regarding avoidance and minimization, mitigation sequencing, 14
and alternatives analysis. The bill would also provide that avoidance and 15
minimization or alternatives analysis required for a wetlands permit shall not 16
require a permit applicant to consider properties that are not owned or 17
controlled by the applicant. 18
An act relating to the regulation of wetlands 19

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It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 10 V.S.A. § 902 is amended to read: 2
§ 902. DEFINITIONS 3
Wherever used or referred to in this chapter, unless a different meaning 4
clearly appears from the context As used in this chapter: 5
* * * 6
(5) “Wetlands” means those areas of the State that are inundated by 7
surface or groundwater with a frequency sufficient to support significant 8
vegetation or aquatic life that depend on saturated or seasonally saturated soil 9
conditions for growth and reproduction. Such areas include marshes, swamps, 10
sloughs, potholes, fens, river and lake overflows, mud flats, bogs, and ponds, 11
but excluding such areas as grow food or crops in connection with farming 12
activities. 13
(6) “Class I wetland” means: 14
(A) a wetland identified on the Vermont significant wetlands 15
inventory maps as a Class I wetland; 16
(B) a wetland that the former Water Resources Board identified in 17
rules of the Board as a Class I wetland; or 18
(C) a wetland that the Secretary, based upon an evaluation of the 19
extent to which the wetland serves the functions and values set forth in 20
subdivision 905b(18)(A) of this title, determines is exceptional or irreplaceable 21

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in its contribution to Vermont’s natural heritage and, therefore, merits the 1
highest level of protection. 2
(7) “Class II wetland” means a wetland other than a Class I or Class III 3
wetland that: 4
(A) is a wetland identified on the Vermont significant wetlands 5
inventory maps; or 6
(B) the Secretary determines to merit protection, pursuant to section 7
914 of this title, based upon an evaluation of the extent to which it serves the 8
functions and values set forth in subdivision 905b(18)(A) of this title and the 9
rules of the Department. 10
(8) “Class III wetland” means a wetland that is neither a Class I wetland 11
nor a Class II wetland. 12
(9) “Buffer zone” means an area contiguous to a significant wetland that 13
protects the wetland’s functions and values. The buffer zone for a Class I 14
wetland shall extend at least 100 feet from the border of the wetland, unless the 15
Department determines otherwise under section 915 914 of this title. The 16
buffer zone for a Class II wetland shall extend at least 50 feet from the border 17
of the wetland unless the Secretary determines otherwise under section 914 of 18
this title. 19

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(10) “Necessary linear utilities” means the electricity, gas, water, sewer 1
lateral, access road, driveway, or septic force main that are necessary for the 2
construction or use of the primary residential function of a housing project. 3
(11) “Panel” means the Water Resources Panel of the Agency of Natural 4
Resources. 5
(12) “Residential housing project” means a single-family, multiunit, or 6
multifamily housing project, a shelter project, or a mixed-use project that 7
includes a residential housing component that is at least 75 percent of the total 8
square footage of the project, not including hotels or vacation rentals. This 9
term does not include ancillary improvements to existing housing that are not 10
necessary to the primary residential function, including patios, decks, lawns, 11
picnic pavilions, recreational facilities, and gardens. 12
(11)(13) “Significant wetland” means any Class I or Class II wetland. 13
(12)(14) “Secretary” means the Secretary of Natural Resources or the 14
Secretary’s authorized representative. 15
(13)(15) “Dam removal” has the same meaning as in section 1080 of 16
this title. 17
Sec. 2. 10 V.S.A. § 913 is