Vermont § 754 - Mapped River Corridor Rules

§ 754. Mapped River Corridor Rules

• (a) Rulemaking authority. (1) On or before July 1, 2027, the Secretary shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish requirements for issuing and enforcing permits for: (A) all development within a mapped river corridor in the State; and (B) for development exempt from municipal regulation in flood hazard areas. (2) The Secretary shall not adopt rules under this subsection that regulate agricultural
  activities without the consent of the Secretary of Agriculture, Food and Markets,
  provided that the Secretary of Agriculture, Food and Markets shall not withhold consent
  under this subdivision when lack of such consent would result in the State’s noncompliance
  with the National Flood Insurance Program. (3) The Secretary shall seek the guidance of the Federal Emergency Management Agency in
  developing and drafting the rules required by this section in order to ensure that
  the rules are sufficient to meet eligibility requirements for the National Flood Insurance
  Program. (b) Required rulemaking content. The rules shall: (1) set forth the requirements necessary to ensure that development exempt from municipal
  regulation in flood hazard areas is regulated by the State in order to comply with
  the regulatory obligations set forth under the National Flood Insurance Program; (2) be designed to ensure that the State and municipalities meet community eligibility
  requirements for the National Flood Insurance Program; (3) establish requirements for the permitting of development within the mapped river corridors
  of the State; (4) provide certain regulatory exemptions for minor development activities in a mapped
  river corridor when the development activities have no adverse environmental effects; (5) establish the requirements and process for a municipality to be delegated the State’s
  permitting authority for development in a mapped river corridor when the development
  is not exempt from municipal regulation and when the municipality has adopted an ordinance
  or bylaw under 24 V.S.A. chapter 117 that has been approved by the Secretary and that meets or exceeds the requirements
  established under State rule; (6) set forth a process for amending the statewide River Corridor Base Map; and (7) establish requirements that exceed the requirements of the National Flood Insurance
  Program for development exempt from municipal regulation in flood hazard areas, including
  requirements for the maintenance of existing native riparian vegetation, provided
  that any rules adopted under this subsection that exceed the minimum requirements
  of the National Flood Insurance Program shall be designed to prevent or limit a risk
  of harm to life, property, or infrastructure from flooding. (c) General permit. The rules authorized by this section may establish requirements for a general permit
  to implement the requirements of this section, including authorization under the general
  permit to conduct a specified use exempt from municipal regulation without notifying
  or reporting to the Secretary or an agency delegated under subsection (f) of this
  section. A general permit implementing the requirements of this section shall not
  be required to be issued by rule. (d) Consultation with interested parties. Prior to submitting the rules required by this section to the Secretary of State under
  3 V.S.A. § 838, the Secretary shall solicit the recommendations of and consult with affected and
  interested persons and entities such as: the Secretary of Commerce and Community Development;
  the Secretary of Agriculture, Food and Markets; the Secretary of Transportation; the
  Commissioner of Financial Regulation; representatives of river protection interests;
  representatives of fishing and recreational interests; representatives of the banking
  industry; representatives of the agricultural community; representatives of the forest
  products industry; the regional planning commissions; municipal interests; and representatives
  of municipal associations. (e) Permit requirement. Beginning on January 1, 2028, a person shall not commence or conduct development exempt
  from municipal regulation in a flood hazard area or commence or conduct any development
  in a mapped river corridor without a permit issued under the rules required under
  subsection (a) of this section by the Secretary or by a State agency delegated permitting
  authority under subsection (f) of this section. When an application is filed under
  this section, the Secretary or delegated State agency shall proceed in accordance
  with chapter 170 of this title. (f) Delegation. (1) The Secretary may delegate to another State agency the authority to implement the
  rules adopted under this section, to issue a permit under subsection (e) of this section,
  and to enforce the rules and a permit. (2) A memorandum of understanding shall be entered into between the Secretary and a delegated
  State agency for the purpose of specifying implementation of requirements of this
  section and the rules adopted under this section, issuance of a permit or coverage
  under a general permit under this section, and enforcement of the rules and permit
  required by this section. (3) Prior to entering a memorandum of understanding, the Secretary shall post the proposed
  memorandum of understanding on its website for 30 days for notice and comment. When
  the memorandum of understanding is posted, it shall include a summary of the proposed
  memorandum; the name, telephone number, and address of a person able to answer questions
  and receive comments on the proposal; and the deadline for receiving comments. A final
  copy of a memorandum of understanding entered into under this section shall be sent
  to the chairs of the House Committee on Environment, the Senate Committee on Natural
  Resources and Energy, and any other committee that has jurisdiction over an agency
  that is a party to the memorandum of understanding. (g) Municipal authority. This section and the rules adopted under it shall not prevent a municipality from
  adopting substantive requirements for development in a flood hazard area bylaw or
  ordinance under 24 V.S.A. chapter 117 that are more stringent than the rules required by this section, provided that the
  bylaw or ordinance shall not apply to uses exempt from municipal regulation. (Added 2011, No. 138 (Adj. Sess.), § 1, eff. May 14, 2012; amended 2013, No. 107 (Adj. Sess.), § 1, eff. April 18, 2014; 2015, No. 150 (Adj. Sess.), § 8, eff. Jan. 1, 2018; 2017, No. 113 (Adj. Sess.), § 44a; 2023, No. 121 (Adj. Sess.), § 5, eff. July 1, 2024.)