Terms Used In Vermont Statutes > Title 10 > Chapter 151 > Subchapter 4 - Permits

• Abandoned well: means any well or hole whose original purpose and use has been permanently discontinued or that is in such a state of disrepair that the well or hole has the potential for transmitting contaminants into an aquifer or otherwise threatens the public health or safety. See
• Adjoining property owner: means a person who owns land in fee simple, if that land:

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affordable housing: means either of the following:

• Agency: means Agency of Natural Resources. See
• Agency: means the Agency of Natural Resources. See
• Agricultural fair: means an event or activity that is intended to promote farming by:

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Aquifer: means a water bearing stratum of permeable rock, sand, gravel, or other alluvial soils. See
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Basin plan: means a plan prepared by the Secretary for each of Vermont's 17 basins in conjunction with the basin planning process required by section 303(e) of the federal Clean Water Act and 40 C. See
• Beneficial uses: means those uses included in each groundwater class. See
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the Natural Resources Board. See
• Board: means the Natural Resources Board. See
• Board: means the Secretary of Natural Resources. See
• Capability and Development Plan: means the Plan prepared pursuant to section 6042 of this title. See
• Commercial establishment: means any premises used for the purpose of carrying on or exercising any trade, business, profession, vocation, or commercial or charitable activity, including laundries, hospitals, and food or restaurant establishments. See
• Commissioner: means the Commissioner of Environmental Conservation or the Commissioner's designated representative. See
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Environmental Conservation. See
• Department: means the Department of Environmental Conservation. See
• Department: means the Department of Environmental Conservation. See
• Dependent: A person dependent for support upon another.
• Designated center: means a downtown development district, village center, new town center, growth center, Vermont neighborhood, or neighborhood development area designated under 24 Vt. See
• Designated center: means a downtown development district, village center, new town center, growth center, Vermont neighborhood, or neighborhood development area designated under 24 Vt. See
• Development: means each of the following:

• District Commission: means the District Environmental Commission. See
• Domestic: when applied to a corporation, company, association, or copartnership shall mean organized under the laws of this State; "foreign" when so applied, shall mean organized under the laws of another state, government, or country. See
• Endangered species: means those species the taking of which is prohibited under rules adopted under chapter 123 of this title. See
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• Existing settlement: means an area that constitutes one of the following:

• Farm: means , for the purposes of subdivision (22)(H) of this section, a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria as established under the Required Agricultural Practices. See
• Farming: means :

• Farming: means farming as the term is defined in subdivision 6001(22) of this title. See
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fissionable source material: means mineral ore that:

• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grantor: The person who establishes a trust and places property into it.
• Groundwater: means water below the land surface, including springs. See
• Groundwater: means water below the land surface, but does not include surface waters within the meaning of subdivision 1251(13) of this title. See
• Historic site: means any site, structure, district, or archeological landmark that has been officially included in the National Register of Historic Places or the State Register of Historic Places, or both, or that is established by testimony of the Vermont Advisory Council on Historic Preservation as being historically significant. See
• Hole: means any excavation, deeper than 20 feet with at least one horizontal dimension less than five feet. See
• Household cleansing product: means any product, including soaps and detergents used for domestic or commercial cleaning purposes, including the cleansing of fabric, dishes, food utensils, and household and commercial premises. See
• Industrial park: means an area of land permitted under this chapter that is planned, designed, and zoned as a location for one or more industrial buildings; that includes adequate access roads, utilities, water, sewer, and other services necessary for the uses of the industrial buildings; and includes no retail use except that which is incidental to an industrial use and no office use except that which is incidental or secondary to an industrial use. See
• inhabitants: shall mean the population of the political division referred to, as ascertained by the national census last completed before the time when such population is a material fact. 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.
• Land use plan: means the plan prepared pursuant to section 6043 of this title. See
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Lot: means any undivided interest in land, whether freehold or leasehold, including interests created by trusts, partnerships, corporations, cotenancies, and contracts. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means a municipality as defined in 1 V. See
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Necessary wildlife habitat: means concentrated habitat that is identifiable and is demonstrated as being decisive to the survival of a species of wildlife at any period in its life, including breeding and migratory periods. See
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• Person:

• 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
• Person: means any individual, partnership, company, corporation, cooperative, association, unincorporated association, joint venture, trust, the State of Vermont, or any department, agency, subdivision, or municipality, the U. See
• Personal property: All property that is not real property.
• Phosphorus: means elemental phosphorus. See
• Primary agricultural soils: means each of the following:

• Priority housing project: means a discrete project located on a single tract or multiple contiguous tracts of land that consists exclusively of mixed income housing or mixed use, or any combination thereof, and is located entirely within a designated downtown development district, designated new town center, designated growth center, or designated neighborhood development area under 24 Vt. See
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Productive forest soils: means those soils that are not primary agricultural soils but that have a reasonable potential for commercial forestry and that have not been developed. See
• Public water supply: means a water supply system with 15 or more connections. See
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• road: shall include bridges thereon and their approaches. See
• Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
• Secretary: means the Secretary of Natural Resources or the Secretary's duly authorized representative. See
• Secretary: means the Secretary of Natural Resources or his or her authorized representative. See
• Secretary: means the Secretary of Natural Resources or the Secretary's designated representative. See
• Service of process: The service of writs or summonses to the appropriate party.
• Servicing: means developing of well yields, placing liners or seals, grouting, restricting the flow of flowing wells, repairing or closing wells, and installing or maintaining well pump systems. See
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Shoreline: means the land adjacent to the waters of lakes, ponds, reservoirs, and rivers. See
• Slate quarry: means a quarry pit or hole from which slate has been extracted or removed for the purpose of commercial production of building material, roofing, tile, or other dimensional stone products. See
• Solid waste management district: means a solid waste management district formed pursuant to 24 V. See
• Spring: means a groundwater source where groundwater flows naturally to the surface of the earth and is collected with a developed structure that is designed to locate or extract groundwater. 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
• Statute: A law passed by a legislature.
• Stream: means a current of water that is above an elevation of 1,500 feet above sea level or that flows at any time at a rate of less than 1. See
• Strip development: means linear commercial development along a public highway that includes three or more of the following characteristics: broad road frontage, predominance of single-story buildings, limited reliance on shared highway access, lack of connection to any existing settlement except by highway, lack of connection to surrounding land uses except by highway, lack of coordination with surrounding land uses, and limited accessibility for pedestrians. See
• Subdivision: means each of the following:

• Surface water: means waters within the meaning of subdivision 1251(13) of this title. See
• Technical criteria: means the numerical parameters or scientific parameters that, when followed, will result in groundwater suitable for the uses defined in its class. See
• Telecommunications facility: means a support structure that is primarily for communication or broadcast purposes and that will extend vertically 20 feet or more above the highest point of an attached existing structure, or 50 feet or more above ground level in the case of a proposed new support structure, in order to transmit or receive communication signals for commercial, industrial, municipal, county, or State purposes. See
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• Trace quantity: means an incidental amount of phosphorus that is not part of the household cleansing product formulation, is present only as a consequence of manufacturing and does not exceed 0. See
• Trustee: A person or institution holding and administering property in trust.
• Village: shall mean an incorporated village. See
• Water pollution abatement and control facilities: means such equipment, conveyances, and structural or nonstructural facilities owned or operated by a municipality that are needed for and appurtenant to the prevention, management, treatment, storage, or disposal of stormwater, sewage, or waste, including a wastewater treatment facility, combined sewer separation facilities, an indirect discharge system, a wastewater system, flood resiliency work related to a structural facility, or a groundwater protection project. See
• Water resources: means groundwater or surface water. See
• Waters: includes all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, springs, and all bodies of surface waters, artificial or natural, that are contained within, flow through, or border upon the State or any portion of it. See
• Well: means any hole drilled, driven, bored, excavated, or created by similar method into the earth to locate, monitor, extract, or recharge groundwater where the water table or potentiometric surface is artificially lowered through pumping. See
• Well: means any hole deeper than 20 feet drilled, driven, or bored into the earth to locate, monitor, extract, or recharge groundwater or any hole deeper than 20 feet drilled, driven, or bored for the primary purpose of transferring heat to or from the earth's subsurface. See
• withdrawal: means the intentional removal by any method or instrument of groundwater from a well, spring, or combination of wells or springs. See
• Wood products manufacturer: includes sawmills; veneer mills; pulp mills; pellet mills; producers of firewood, woodchips, mulch, and fuel wood; and log and pulp concentration yards. See