Vermont § 1086 - Determination of public good; certificates

§ 1086. Determination of public good; certificates

• (a) “Public good” means the greatest benefit of the people of the State. In determining
  whether the public good is served, the Department shall give due consideration to
  public safety and, among other things, the effect the proposed project will have on: (1) the quantity, kind, and extent of cultivated agricultural land that may be rendered
  unfit for use by or enhanced by the project, including both the immediate and long-range
  agricultural land use impacts; (2) scenic and recreational values; (3) fish and wildlife; (4) forests and forest programs; (5) [Repealed.] (6) the existing uses of the waters by the public for boating, fishing, swimming, and
  other recreational uses; (7) the creation of any hazard to navigation, fishing, swimming, or other public uses; (8) the need for cutting clean and removal of all timber or tree growth from all or part
  of the flowage area; (9) the creation of any public benefits; (10) attainment of the Vermont water quality standards; (11) any applicable State, regional, or municipal plans; (12) municipal grand lists and revenues; and (13) in the case of the proposed removal of a dam that formerly related to or was incident
  to the generation of electric energy, but that was not subject to a memorandum of
  understanding dated prior to January 1, 2006 relating to its removal, the potential
  for and value of future power production. (b) If the Department finds that the project proposed under section 1082 of this title will serve the public good and, in case of any waters designated by the Secretary
  as outstanding resource waters, will preserve or enhance the values and activities
  sought to be protected by designation, the agency shall issue its order approving
  the application. The order shall include conditions for attainment of water quality
  standards, as determined by the Agency of Natural Resources, and such other conditions
  as the Department considers necessary to protect any element of the public good listed
  in subsection (a) of this section. Otherwise, it shall issue its order disapproving
  the application. (c) The Department shall provide the applicant and interested persons with copies of its
  order. (d) In the case of a proposed removal of a dam that is under the jurisdiction of the Department
  and that formerly related to or was incident to the generation of electric energy
  but that was not subject to a memorandum of understanding dated before January 1,
  2006 relating to its removal, the Department shall consult with the Department of
  Public Service regarding the potential for and value of future power production at
  the site. (Amended 1969, No. 281 (Adj. Sess.), § 10; 1975, No. 179 (Adj. Sess.), § 4; 1981, No. 242 (Adj. Sess.), § 8; 1987, No. 67, § 13; 1987, No. 76, § 18; 2005, No. 208 (Adj. Sess.), § 4; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2017, No. 161 (Adj. Sess.), § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)