Terms Used In Vermont Statutes Title 10 Sec. 1083

  • Dam: includes an artificial barrier that meets all of the following:

  • Engineer: means a professional engineer licensed under Title 26 who has experience in the design and investigation of dams. See
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity. See

§ 1083. Application

(a) Any person who proposes to undertake an action subject to regulation pursuant to section 1082 of this title shall apply in writing to the State agency having jurisdiction. The application shall set forth:

(1) the location; the height, length, and other dimensions; and any proposed changes to any existing dam;

(2) the approximate area to be overflowed and the approximate number of or any change in the number of cubic feet of water to be impounded;

(3) the plans and specifications to be followed in the construction, remodeling, reconstruction, altering, lowering, raising, removal, breaching, or adding to;

(4) any change in operation and maintenance procedures; and

(5) other information that the State agency having jurisdiction considers necessary to review the application.

(b) The plans and specifications shall be prepared under the supervision of an engineer. (Amended 1959, No. 329 (Adj. Sess.), § 23(d), eff. March 1, 1961; 1975, No. 179 (Adj. Sess.), § 2; 1981, No. 242 (Adj. Sess.), § 4; 2015, No. 150 (Adj. Sess.), § 12, eff. Jan. 1, 2018; 2017, No. 161 (Adj. Sess.), § 1.)