Vermont § 918 - Net gain of wetlands; State goal; rulemaking

§ 918. Net gain of wetlands; State goal; rulemaking

• (a) On or before July 1, 2025, the Secretary of Natural Resources shall amend the Vermont
  Wetlands Rules pursuant to 3 V.S.A. chapter 25 to clarify that the goal of wetlands
  regulation and management in the State is the net gain of wetlands to be achieved
  through protection of existing wetlands and restoration of wetlands that were previously
  adversely affected. This condition shall not apply to wetland, river, and flood plain
  restoration projects, including dam removals. (b) The Vermont Wetlands Rules shall prioritize the protection of existing intact wetlands
  from adverse effects. Where a permitted activity in a wetland will cause more than
  5,000 square feet of adverse effects that cannot be avoided, the Secretary shall mandate
  that the permit applicant restore, enhance, or create wetlands or buffers to compensate
  for the adverse effects on a wetland. The amount of wetlands to be restored, enhanced,
  or created shall be calculated, at a minimum, by determining the acreage or square
  footage of wetlands permanently drained or filled as a result of the permitted activity
  and multiplying that acreage or square footage by two, to result in a ratio of 2:1
  restoration to wetland loss. Establishment of a buffer zone contiguous to a wetland
  shall not substitute for the restoration, enhancement, or creation of wetlands. Adverse
  impacts to wetland buffers shall be compensated for based on the effects of the impact
  on wetland function. (c) At a minimum, the Wetlands Rules shall be revised to: (1) Require an applicant for a wetland permit that authorizes adverse impacts to more
  than 5,000 square feet of wetlands to compensate for those impacts through restoration,
  enhancement, or creation of wetland resources. (2) Incorporate the net gain rule into requirements for permits issued after September
  1, 2025. (3) Establish a set of parameters and restoration ratios applicable to permittee-designed
  restored wetland restoration projects, including a minimum 2:1 ratio of restoration
  to loss to compensate for permanently filled or drained wetlands. These parameters
  shall include consideration of the following factors: (A) the existing level of wetland function at the site prior to mitigation or restoration
  of wetlands; (B) the amount of wetland acreage and wetland function lost as a result of the project; (C) how the wetland acreage and functions will be restored at the proposed compensation
  site; (D) the length of time before the compensation site will be fully functional; (E) the risk that the compensation project may not succeed; (F) the differences in the location of the adversely affected wetland and the wetland
  subject to compensation that affect the services and values offered; and (G) the requirement that permittees conduct five years of post- restoration monitoring
  for the restored wetlands, at which time the Agency can decide if further action is
  needed. (d) When amending the Vermont Wetlands Rules under this section, the Secretary shall establish
  a Vermont in-lieu fee (ILF) compensation program for wetlands impacts that may be
  authorized as compensation for an adverse effect on a wetland when the permittee cannot
  achieve restoration. The Secretary may implement a Vermont ILF compensation program
  through agreements with third-party entities such as the U.S. Army Corps of Engineers
  or environmental organizations, provided that any ILF monetary compensation authorized
  under the rules shall be expended on restoration, reestablishment, enhancement, or
  conservation projects within the State at the HUC 8 level of the adversely affected
  wetland when practicable. (Added 2023, No. 121 (Adj. Sess.), § 15, eff. July 1, 2024.)