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The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

043

:
DAMS











 

§

1082. Authorization

(a) No person

shall construct, enlarge, raise, lower, remodel, reconstruct, or otherwise

alter any dam, pond or impoundment or other structure which is or will be

capable of impounding more than 500,000 cubic feet of water or other liquid

after construction or alteration, or remove, breach or otherwise lessen the

capacity of an existing dam that is or was capable of impounding more than

500,000 cubic feet within or along the borders of this state where land in this

state is proposed to be overflowed, or at the outlet of any body of water

within this state, unless authorized by the state agency having jurisdiction so

to do. However, in the matter of flood control projects where cooperation with

the federal government is provided for by the provisions of section 1100 of

this title that section shall control.

(b) For the

purposes of this chapter, the volume a dam or other structure is capable of

impounding is the volume of water or other liquid, including any accumulated

sediments, controlled by the structure with the water or liquid level at the

top of the nonoverflow part of the structure. (Amended 1975, No. 179 (Adj.

Sess.), § 1; 1981, No. 242 (Adj. Sess.), § 3.)