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WRP Home >> Proposed Amendments to the Vermont Wetland Rules

	Resources Panel Adopts Vermont Wetland Rules and Maps Effective August 1, 2010
	Adopted Rule \| Final Proposed Rule \| Proposed Rule \| Hearing Schedule \| Public Comment \| Additional Information
	Adopted Rule
	On July 16, 2010, the Panel filed the Adopted Rule, effective August 1, 2010. The new wetlands law, Act 31 of 2009, will take effect 45 days later. Adopted Rule Adopting Page Adopted Rule Coversheet
	LCAR Objection
	On Thursday, July 29, 2010, the Legislative Committee on Administrative Rules (LCAR) modified its earlier decision and voted to approve the Vermont Wetland Rules but object to the exclusion of the Calais Poor Fen from those rules. On July 13, 2010, LCAR had objected to the rule on the grounds that the Panel’s decision not to reclassify the Calais Poor Fen as a Class II wetland was arbitrary. The Panel responded by letter dated July 16, 2010, and then filed the adopted rule effective August 1, 2010. LCAR held another hearing on the rule on July 29, 2010, and modified its objection, limiting it to the Calais Poor Fen. Original LCAR Objection Water Resources Panel Response Letter Certified (Modified) LCAR Objection, Secretary of State’s Acknowledgment, and Related Documents
	Final Proposed Rule
	On May 11, 2010, the Panel met, considered public comments, and voted on the final proposed rule. The Panel voted not to propose a rule on the Calais Poor Fen, but to go forward with the text revisions to the Vermont Wetland Rules, with minor changes in response to certain comments, and with ANR's petition to update the VSWI maps. The Panel's responses to comments are set out in the Responsiveness Summary below. The Final Proposed Rule and supporting documents (see below) were filed with the Legislative Committee on Administrative Rules (LCAR) and the Secretary of State's Office on June 18, 2010. The next step is to go before LCAR, and then the Panel can vote on final adoption. If you wish to get on the email distribution list for updates on the Vermont Wetland Rules, please contact Melanie Kehne at 802-828-3305 or melanie.kehne@state.vt.us. Final Filing Documents Final Proposed Rule (Clean) Final Proposed Rule (Annotated) Final Proposed Rule Cover Sheet Economic Impact Statement Incorporation by Reference Statement Scientific Information Statement Public Input Statement Memo to LCAR and Responsiveness Summary Adoptiong Page Calais Poor Fen Memorandum of Decision
	Proposed Rule
	The Water Resources Panel (Panel) of the Natural Resources Board filed proposed revisions to the Vermont Wetland Rules with the Vermont Secretary of State and the Legislative Committee on Administrative Rules on January 15, 2010. This rulemaking has three parts: Proposed revisions to the text of the Vermont Wetland Rules. Proposed statewide update of the Vermont Significant Wetland Inventory (VSWI) Maps. Petition to reclassify a wetland in Calais, Vermont (the “Calais Poor Fen”) as a Class I significant wetland, or in the alternative, as a Class II significant wetland. The first two parts of this rulemaking are the result of a four-year-long stakeholder process, the Wetland Investigation Group (WIG), and will implement provisions of H.447/Act No. 31 of 2009. Act 31 will authorize the Agency of Natural Resources to reclassify Class II and Class III wetlands administratively, effective 45 days after the proposed rule revisions take effect. The proposed revisions to the text of the Vermont Wetland Rules provide a process for these administrative wetland determinations at ANR, update the scientific provisions of the rules and conform the rules to recent changes in the law. As a part of the WIG process, the stakeholders agreed that a statewide update of the VSWI maps, based on more recent data compiled by the U.S. Fish & Wildlife Service’s National Wetlands Inventory, would be helpful. This rulemaking also includes a private petition to reclassify the Calais Poor Fen, a wetland near the intersection of Route 14 and Balentine Road in Calais, Vermont. These items are being combined into one rulemaking proceeding to save time and money for all involved. As set forth below, the Panel will be holding two public hearings and will take public comment on the proposed revisions to the Vermont Wetland Rules through March 31, 2010. Filing Documents Proposed Rule Proposed Rule Cover Sheet Economic Impact Statement Incorporation by Reference Statement Scientific Information Statement Public Input Statement Memo to Interagency Committee on Administrative Rules (ICAR) ICAR Approval Panel's MOD on Request for Temporary Designation and/or Emergency Rulemaking Letter from McCullough Crushing, Inc., regarding the Calais Poor Fen Petition ANR's Notice of Appearance in the Calais Poor Fen Rulemaking Proposed Vermont Significant Wetland Inventory Maps Calais Poor Fen Petition.
	Hearing Schedule The Panel will hold two public hearings to take public comment on the proposed amendments to the Vermont Wetland Rules. The first hearing will be held via Vermont Interactive Televisions on February 19, 2010, from 6 – 8 p.m., and the second will be held at the Panel’s offices in Montpelier on March 9, from 2 – 3 p.m. For more information on these hearings, please call Melanie Kehne at (802) 828-3305. 1. Public Hearing via VIT February 19, 2010, 6 – 8 p.m. Hearing Sites: Lyndonville Lyndon State College - VIT 1001 College Road Lyndonville, VT --05851-7954 802.473.1221 Montpelier Vermont Department of Labor - VIT 5 Green Mountain Drive Montpelier, VT --05602 802.225.1187 Rutland Stafford Technical Center - VIT 8 Stratton Road, Room 222 Rutland, VT 802.776.1776 Springfield Howard Dean Education Center - VIT 307 South Street, 2nd Floor Springfield, VT 802.885.8376 St. Albans Bellows Free Academy - VIT 4 Hospital Drive St. Albans, VT 802.524.0238 For more information on how to get to one of the Vermont Interactive Television hearing sites, please call the number listed for that site, above. 2. Public Hearing March 9, 2010, 2 – 3 p.m: Natural Resources Board Conference Room Records Center Building, National Life Drive Montpelier, VT 802.828.3309 See directions to the NRB office below.
	Public Comment The Panel will accept public comments through the close of business (4:30 p.m.) on March 31, 2010. All comments will be posted on this website. To comment via email, click here or send your comments to nrbcomments@state.vt.us. Comments may also be mailed or delivered to this address: (see directions below) Water Resources Panel National Life Records Center Drawer 20 Montpelier, VT 05620 View comments filed to date.
	Additional Information If you have any questions about the proposed revisions to the Vermont Wetland Rules, including the proposed update of the Vermont Significant Wetland Inventory Maps, the petition to reclassify the Calais Poor Fen as a Class I wetland, or in the alternative a Class II wetland, or the proposed changes to the text of the Vermont Wetland Rules, please contact Melanie Kehne at 802-828-3305 or melanie.kehne@state.vt.us. Directions to the Water Resources Panel's Offices: From I-89: Take Exit 8 onto Memorial Drive, then turn right at the first set of lights onto National Life Drive. Follow National Life Drive to the top of the hill, then turn left into the National Life Complex. The Records Center Building is at the extreme easterly end of the parking lot, separate from the main National Life buildings. When you enter the vestibule call 9-828-3309 and someone will come and let you in. From the east: Follow Rt. 2 West until the intersetion with Bailey Ave. Continue straight on Memorial Drive to the next set of lights, then turn left onto National Life Drive. Follow National Life Drive to the top of the hill, then turn left into the National Life Complex. The Records Center Building is at the extreme easterly end of the parking lot, separate from the main National Life buildings. When you enter the vestibule call 9-828-3309 and someone will come and let you in.

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