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The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

037

:
WETLANDS PROTECTION AND WATER RESOURCES MANAGEMENT






Subchapter

004
:
WETLANDS DETERMINATIONS AND PROTECTION










 

§

914. Wetlands determinations

(a) The

Secretary may, upon a petition or on his or her own motion, determine whether

any wetland is a Class II or Class III wetland. Such determinations shall be

based on an evaluation of the functions and values set forth in subdivisions

905b(18)(A) of this title and the rules of the Department.

(b) The

Secretary may establish the necessary width of the buffer zone of any Class II

wetland as part of any wetland determination pursuant to the rules of the

Department.

(c) The

Secretary shall provide by certified mail written notice of a proposed

determination to the owner of each parcel of land within or adjacent to the

wetland or buffer zone in question; publish notice on the Agency website; and

provide an electronic notice to persons who have requested to be on a list of

interested persons. Such notice shall include the date of the Secretary's

proposed determination and shall provide no fewer than 30 days from the date of

the Secretary's proposed determination within which to file written comments or

to request that the Secretary hold a public meeting on the proposed

determination.

(d) The

Secretary shall provide, in person, by mail, or by electronic notice, a written

copy of a wetland determination issued under this section to the owner of each

affected parcel of land and to the requesting petitioner.

(e) The

Secretary may recommend to the panel that a wetland be classified as a Class I

wetland under section 915 of this title. (Added 2009, No. 31, § 5; amended

2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)