Vermont § 1446 - Registered projects; exemptions from permitting

§ 1446. Registered projects; exemptions from permitting

• (a) Allowed uses. (1) Registered projects. The following projects in a protected shoreland area do not require a permit under
  section 1444 or 1445 of this title: (A) The creation of no more than 100 square feet of impervious surface or cleared area,
  or a combination of impervious surface or cleared area, within 100 feet of the mean
  water level, provided that: (i) the owner of the property on which the impervious surface or cleared area is created
  registers with the Secretary, on a form provided by the Secretary that contains the
  name of the property owner, the address of the property, and a certification that
  the project meets the requirements of this subsection (a); (ii) the impervious surface or cleared area is located at least 25 feet from the mean water
  level; and (iii) vegetative cover shall be managed according to the requirements of section 1447 of this title. (B) The creation of 500 square feet or less of impervious surface, cleared area, or a
  combination of impervious surface and cleared area, provided that: (i) the owner of the property on which the impervious surface or cleared area is created
  registers with the Secretary a form provided by the Secretary that contains the name
  of the property owner, the address of the property, and a certification that the project
  meets the requirements of this subsection; (ii) the impervious surface or cleared area is at least 100 feet from the mean water level; (iii) any proposed cleared area or area within the protected shoreland area where an impervious
  surface shall be sited has a slope of less than 20 percent; (iv) after the completion of the project, the protected shoreland area shall consist of
  no more than 20 percent impervious surface; and (v) after the completion of the project, the protected shoreland area shall consist of
  no more than 40 percent cleared area, including any area cleared for the purposes
  of creating impervious surface. (2) Limit on registration per parcel. A person shall not use the registration process under this subsection to create more
  than a maximum total per parcel of: (A) 100 square feet of impervious surface or cleared area within 100 feet of the mean
  water level; and (B) 500 square feet of impervious surface or cleared area within the protected shoreland
  area that is at least 100 feet from the mean water level. (3) Effect of registration. A registration shall take effect 15 days after being filed with the Secretary, unless
  the Secretary requests that the person registering submit additional information that
  the Secretary considers necessary or the Secretary notifies the person registering
  that an individual permit is required. (4) Term. Registrations shall be for an indefinite term, provided that the person complied with
  the requirements of this subsection and takes no action for which an individual permit
  is required. (b) Exemptions. The following activities in a protected shoreland area do not require a permit under
  section 1444 or 1445 of this title: (1) Management of vegetative cover. Management of vegetative cover conducted in compliance with section 1447 of this title. (2) Removal of vegetation for recreational purposes. The cutting or removal of no more than 250 square feet of the existing vegetation
  under three feet in height within 100 feet of the mean water level to allow for recreational
  use in the protected shoreland area, provided that: (A) the cutting or removal of vegetation occurs at least 25 feet from the mean water level;
  and (B) other ground cover, including leaf litter and the forest duff layer, shall not be
  removed from the area in which cutting occurs. (3) Maintenance of lawns. The maintenance, but not the enlargement, of lawns, gardens, landscaped areas, and
  beaches in existence as of July 1, 2014. (4) Creation of footpaths. The creation of one footpath per parcel with a width of no greater than six feet that
  provides access to the mean water level. Under this subdivision, a footpath includes
  stairs, landings, or platforms within the authorized six-feet width. (5) Construction within footprint. Construction within the footprint of an impervious surface, existing as of July 1,
  2014, that does not result in a net increase in the amount of impervious surface on
  a parcel. (6) Silvicultural activities. Silvicultural activities in a protected shoreland area if the silvicultural activities
  are in compliance with: (A) a forest management plan, approved by the Commissioner of Forests, Parks and Recreation,
  for the land in the protected shoreland area in which the silvicultural activities
  occur; and (B) the accepted management practices adopted by the Commissioner of Forests, Parks and
  Recreation under section 2622 of this title. (7) Agricultural activities. Agricultural activities on land in agricultural production on July 1, 2014, provided
  that: (A) no impervious surface shall be created or expanded in a protected shoreland area except:
  when no alternative outside the protected shoreland area exists, the construction
  of a best management practice is necessary to abate an agricultural water quality
  issue, and the best management practice is approved by the Secretary of Agriculture,
  Food and Markets under 6 V.S.A. chapter 215; and (B) the agricultural activities within the protected shoreland area comply with the rules
  adopted by the Secretary of Agriculture, Food and Markets under 6 V.S.A. chapter 215 regarding agricultural water quality, including required agricultural practices,
  best management practices, medium and small farm operation, and large farm operation. (8) Transportation infrastructure and private roads. The maintenance, emergency repair, repair, and replacement of: (A) Transportation infrastructure by the Vermont Agency of Transportation or by a municipality. (B) A private road that does not require a permit under section 1264 of this title, provided that emergency repair, repair, and replacement of the private road shall
  comply with the applicable water quality best management practices approved by the
  Secretary under 19 V.S.A. § 996 and incorporated within the Vermont Agency of Transportation town road and bridge
  standards for controlling stormwater runoff and direct discharges to State waters.
  The requirement to comply with the water quality best management practices shall apply
  even if the municipality in which the private road is located has not adopted the
  town road and bridge standards. Under this subdivision, expansion of a private road
  in order to allow for passage of emergency vehicles shall be considered repair that
  does not require a permit under section 1443 of this title. (9) Railroad activities. Railroad activities and facilities within the jurisdiction of federal law. (10) Parcel intersected by public highway. The creation or expansion of impervious surface or cleared area on a parcel within
  the protected shoreland area when the parcel is intersected by a highway and the impervious
  surface or cleared area is created or expanded on that portion of the parcel on the
  side of the highway away from the mean water level. (11) Wastewater systems and potable water supplies. Installation, maintenance, repair, or replacement of a wastewater system or potable
  water supply permitted by the Agency of Natural Resources under chapter 64 of this
  title. (12) Stormwater treatment. Discharges of stormwater, stormwater treatment facilities or practices, including
  repair or maintenance, permitted by the Agency of Natural Resources under section 1264 of this title. (13) Utility projects and utility lines. (A) The construction of projects that require a certificate of public good under 30 V.S.A. § 248 subject to the Agency of Natural Resources Riparian Buffer Guidance for Act 250 and
  Section 248 projects. (B) The routine repair and maintenance of utility lines and structures including vegetation
  maintenance in utility line corridors, in a protected shoreland area that are subject
  to 30 V.S.A. § 248, chapter 151 of this title, or a vegetation management plan approved by the Agency
  in a protected shoreland area. Vegetation management practices in a protected shoreland
  area shall be performed in accordance with a vegetation management plan approved by
  the Agency of Natural Resources. (C) The emergency repair of utility lines and poles in protected shoreland areas, provided
  that such repair minimizes adverse impacts to vegetation in the protected shoreland
  area. (14) Act 250 permit. Projects that have received a permit pursuant to chapter 151 of this title. (15) Designated downtowns and village centers. Projects in downtowns and village centers designated pursuant to 24 V.S.A. chapter 76A. (16) Urban and industrial redevelopment. Construction, creation, or expansion of impervious surface or cleared area within
  a protected shoreland area, provided that: (A) The area in which the impervious surface or cleared area will be constructed, created,
  or expanded is: (i) urban or industrial in nature; (ii) contains as of July 1, 2014 impervious surface or cleared area; and (iii) has been designated by municipal bylaw for redevelopment. (B) The municipality has adopted a shoreland bylaw or ordinance that: (i) is at least as stringent as the permitting requirements and exemptions of this chapter;
  or (ii) requires best management practices or other controls that are, as determined by the
  Secretary, functionally equivalent to compliance with the permitting requirements
  and exemptions of this chapter. (17) Mosquito control. Where mosquito populations create a public health hazard, as that term is defined
  in 18 V.S.A. § 2, physical practices or activities approved by the Secretary that create cleared area
  or remove vegetative cover in order to reduce mosquito breeding habitat, provided
  that any activity authorized under this subdivision shall comply with the Vermont
  Wetlands Rules. (18) Removal of constructed feature. Temporary cutting or removal of vegetation to remove an existing constructed feature,
  provided that the area of removal is revegetated according to the requirements for
  the management of vegetative cover under section 1447 of this title and all cutting and removal of vegetation complies with the Agency’s low-risk site
  handbook for erosion prevention and sediment control. (c) Application of vegetative cover requirements. Activities authorized under subdivisions (b)(2)-(17) of this section shall not be
  required to comply with the requirements for the management of vegetative cover under
  section 1447 of this title. (Added 2013, No. 172 (Adj. Sess.), § 2; amended 2015, No. 64, § 13; 2019, No. 50, § 4, eff. June 10, 2019; 2023, No. 85 (Adj. Sess.), § 7, eff. July 1, 2024.)