BILL AS INTRODUCED
2001
H.177
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H.177
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Introduced by Representatives Towne of Berlin, Bourdeau of Hyde Park, Gray
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of Barre Town, Johnson of Canaan, Mann of Leicester, Maslack
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of Poultney, Peaslee of Guildhall, Smith of New Haven, Starr of
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Troy, Winters of Williamstown, Wood of Brandon and Young
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of Orwell
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Referred to Committee on
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Date:
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Subject: Conservation; stream alteration; gravel removal
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Statement of purpose: This bill proposes to increase from 50 cubic yards to
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500 cubic yards the amount of gravel per year a riparian landowner may
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remove, upon providing specified notice to the secretary of natural resources,
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from that portion of a watercourse running through or bordering on the
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owner’s property.
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AN ACT RELATING TO INCREASING THE AMOUNT OF GRAVEL
THAT MAY BE REMOVED FROM STREAMS BY RIPARIAN
LANDOWNERS
It is hereby enacted by the General Assembly of the State of Vermont:
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www.leg.state.vt.us
BILL AS INTRODUCED
2001
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Sec. 1. 10 V.S.A. § 1021 is amended to read:
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§ 1021. ALTERATION PROHIBITED; EXCEPTIONS
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(a) A person shall not change, alter or modify the course, current or cross-
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section of any watercourse with a drainage area greater than ten square miles at
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the location of the proposed change, alteration or modification, or of
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designated outstanding resource waters, within or along the boundaries of this
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state either by movement, fill, or by excavation of ten cubic yards or more in
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any year, unless authorized by the secretary.
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(b) This subchapter shall not apply to emergency protective measures
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necessary to preserve life or to prevent severe imminent damage to public or
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private property, or both. The protective measures shall be limited to the
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minimum amount necessary to remove imminent threats to life or property,
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shall have prior approval from a member of the municipal legislative body, and
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shall be reported to the secretary by the legislative body within 72 hours after
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the onset of the emergency.
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(c) No person shall remove gravel from any watercourse primarily for
construction or for sale.
(d) Notwithstanding subsection (c) of this section, a riparian owner may
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remove up to 50 500 cubic yards of gravel per year from that portion of a
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watercourse running through or bordering on the owner’s property, provided:
www.leg.state.vt.us
BILL AS INTRODUCED
2001
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(1) the material shall be removed only for the owner’s use on the
owner’s property;
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(2) the material removed shall be above the waterline; and
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(3) at least 72 hours prior to the removal of 10 100 cubic yards, or more,
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the landowner shall notify the secretary;
(4) however, if the portion of the watercourse in question has been
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designated as outstanding resource waters, then the riparian owner may so
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remove no more than 10 50 cubic yards of gravel per year, and must notify the
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secretary at least 72 hours prior to the removal of any gravel.
www.leg.state.vt.us