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H.131
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Introduced by Representatives Atkins of Winooski and Deen of Westminster
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Referred to Committee on
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Date:
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Subject: Conservation; dams; licensing, relicensing, and removal
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Statement of purpose: This bill proposes to require that dams receive permits
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of limited duration when they are constructed, enlarged, raised, lowered,
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remodeled, reconstructed, or otherwise altered. It proposes that dams found
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not to be in the public good are to be removed or breached. It proposes that 25
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interested persons, a municipal legislative body, or the department of
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environmental conservation may require a dam not currently regulated to
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receive a certificate of public good, which shall be a permit for a limited
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duration. It proposes that if the certificate of public good is disapproved, the
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dam is to be removed or breached. It proposes that, when a dam is without a
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known owner, abutting landowners shall be notified of the hearing to
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determine if the dam serves the public good, and if the dam serves the public
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good, a permit shall be issued if an owner is found for the dam. It proposes
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that where an unowned dam does not serve the public good or no person is
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willing to buy the dam, the dam is removed or breached.
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AN ACT RELATING TO THE PERMITTING, REPERMITTING, AND
REMOVAL OF DAMS
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It is hereby enacted by the General Assembly of the State of Vermont:
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Sec. 1. 10 V.S.A. § 1086 is amended to read:
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§ 1086. DETERMINATION OF PUBLIC GOOD; CERTIFICATES
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***
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(b) If the state agency having jurisdiction finds that the proposed project
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will serve the public good, and, in case of it is located on any waters
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designated by the board as outstanding resource waters, will preserve or
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enhance the values and activities sought to be protected by designation, the
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agency shall issue its order a permit approving the application. The order
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Otherwise, it shall issue its order denying the permit. A permit issued under
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this subsection shall include:
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(1) Include conditions for minimum stream flow to protect fish and
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instream aquatic life, especially during known spawning seasons, as
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determined by the agency of natural resources, and.
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(2) Be valid for a time period specified within the permit, not to exceed
30 years.
(3) Include such other conditions as the agency having jurisdiction
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considers necessary to protect any element of the public good listed above.
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Otherwise it shall issue its order disapproving the application in this section.
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(4) Include conditions for minimum stream flow to support existing
water uses, including recreational uses.
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***
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(d) In any order denying the permit, the state agency having jurisdiction
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shall order any project, completed or partially completed at the time of
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disapproval, to be removed or breached, drained, or both, by a specified date.
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If, upon the expiration of the specified date, the owner of the dam has not
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complied with the order directing the removal or breaching of the dam, the
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state agency having jurisdiction may petition the superior court in the county in
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which the dam is located to enforce its order.
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(e) A dam permit may be renewed, from time to time, upon application to
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the agency having jurisdiction. The agency having jurisdiction shall establish
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requirements by which a permit holder may apply for a permit reissuance.
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These requirements may range from a simple written request for reissuance to
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a submission of all information required by the initial application. A renewal
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permit shall be issued following all determinations required for an initial
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permit application.
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Sec. 2. 10 V.S.A. § 1096 is added to read:
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§ 1096. NONPERMITTED EXISTING DAMS
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(a) On receipt of a petition signed by not less than 25 persons in interest or
the legislative body of a municipality, the department shall, or upon its own
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motion it may, conduct a public hearing to determine whether a dam, not
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currently subject to a permit issued under this chapter, serves the public good
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as defined by subsection 1086(a) of this title. The agency shall fix a time and
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place for a hearing, shall post notice in the municipal offices of any
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municipality in which the dam is located, and shall publish notice in a
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newspaper of general circulation in the area in which the dam is located, at
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least 10 days before the hearing. This subsection shall not apply to dams
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licensed by the federal government.
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(b) If the department finds that the nonpermitted existing dam will serve
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the public good and, in case it is located on any waters designated by the board
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as outstanding resource waters, will preserve or enhance the values and
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activities sought to be protected by designation, the department shall issue its
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permit authorizing continued operation of the dam. Otherwise, it shall issue its
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order denying the continued operation of the dam. A permit issued under this
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subsection shall:
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(1) Include conditions for minimum stream flow to protect fish and
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instream aquatic life, especially during known spawning seasons, as
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determined by the secretary of natural resources.
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(2) Be valid for a time period specified within the permit, not to exceed
30 years.
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(3) Include such other conditions as the secretary considers necessary to
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protect any element of the public good listed in subsection 1086(a) of this title.
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(4) Include conditions for minimum stream flow to support existing
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water uses, including recreational uses.
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(c) In the order denying the continued operation of the dam, the department
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shall order the dam to be removed or breached, or both, by a specified date. If,
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upon the expiration of the specified date, the owner of such dam has not
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complied with the order directing the removal or breaching of the dam, the
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department may petition the supreme court to enforce its order.
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(d) A permit issued under this section shall be renewed in the same manner
as prescribed in subsection 1086(e) of this title.
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(e) If the owner of the dam is unknown, and does not provide notice of
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ownership to the department within 90 days after the publication of notice as
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provided in subsection (a) of this section, the department shall notify, by
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certified mail, all landowners abutting the water body created by the dam. The
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agency shall fix a time and place for a hearing in the area where the dam is
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located. If the department determines that the dam serves the public good, as
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defined by subsection 1086(a) of this title, the department shall issue a permit
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for the dam’s continued operation, subject to the same requirements as
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provided in subsection (b) of this section, provided that a person, financially
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capable of operating and maintaining the dam in a manner safe to people and
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property, is willing to acquire the dam. If no such owner is found or if the
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department determines that the dam is not in the public good, the department
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shall bring an action in supreme court for the removal or breach of the dam.
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The court will hear such a petition within 60 days of the date it was filed.
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