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The Vermont Statutes Online



Title

10

:
Conservation and Development






Chapter

049A

:
LAKE SHORELAND PROTECTION STANDARDS











 

§

1444. Permit standards

(a) Permit

standards; generally. Except for permits issued under section 1445 of this

title, the Secretary shall issue a permit under this chapter if the permit

applicant, including the State of Vermont, demonstrates that:

(1) cleared area

or impervious surface shall be located at least 100 feet from the mean water

level, except for shoreland stabilization measures designed to repair or

prevent erosion or flood risks and approved by the Secretary;

(2) cleared area

or impervious surface within the protected shoreland area shall be located on a

site:

(A) with a slope

of less than 20 percent; or

(B) that will

have a stable slope with minimal erosion and minimal negative impacts to water

quality;

(3)(A) no more

than 20 percent of the protected shoreland area of the parcel shall consist of

impervious surface; or

(B) best

management practices will be used to manage, treat, and control erosion due to

stormwater runoff from that portion of impervious surface that exceeds 20

percent of the protected shoreland area;

(4)(A) no more

than 40 percent of the protected shoreland area of the parcel shall consist of

cleared area, including area cleared for the purposes of creating impervious

surface; or

(B) best

management practices will be used to provide erosion control, bank stability,

and wildlife habitat functionally equivalent to that which would be provided by

clearing less than 40 percent of the protected shoreland area; and

(5) vegetative

cover shall be managed according to the requirements of section 1447 of this

title.

(b) Repair of

highway, State forest highway, management road, or private road. Under this

chapter, when the repair, emergency repair, or replacement of a highway,

management road, State forest highway, or private road results in the

construction, creation, or expansion of impervious surface or cleared area on a

property adjacent to the highway, management road, State forest highway, or

private road, the impervious surface or cleared area constructed or created on

the adjacent property shall not be calculated as square footage of impervious

surface or cleared area for purposes of permitting or registration under this

chapter.

(c) Calculation

of area. Under this chapter, the area of constructed, created, or expanded

impervious surface or cleared area shall be the square footage as measured on a

horizontal plane. (Added 2013, No. 172 (Adj. Sess.), § 2.)