Vermont Statutes Title 10 Sec. 1110
Terms Used In Vermont Statutes Title 10 Sec. 1110
- Dam: includes an artificial barrier that meets all of the following:
- Department: means the Department of Environmental Conservation. 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
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 1110. Rulemaking
The Commissioner of Environmental Conservation shall adopt rules to implement the requirements of this chapter for dams under the jurisdiction of the Department. The rules shall include:
(1) a standard or regulatory threshold under which a dam is exempt from the registration or inspection requirements of this chapter;
(2) standards for:
(A) the siting, design, construction, reconstruction, enlargement, modification, or alteration of a dam;
(B) operation and maintenance of a dam;
(C) inspection, monitoring, record keeping, and reporting;
(D) repair, breach, or removal of a dam;
(E) application for authorization under section 1082 of this title; and
(F) the development of an emergency action plan for a dam, including guidance on how to develop an emergency action plan, the content of a plan, and when and how an emergency action plan should be updated;
(3) criteria for the hazard potential classification of dams in the State;
(4) a process by which a person owning legal title to a dam or a person owning the land on which the dam is located shall register a dam and record the existence of the dam in the lands records; and
(5) requirements for the person owning legal title to a dam or the person owning the land on which the dam is located to conduct inspections of the dam. (Added 2017, No. 161 (Adj. Sess.), § 1.)