Activities in, near, or that affect lakes, ponds, rivers, streams, and wetlands may require one or more permits from local, state, and/or federal agencies. The Water Quality Division of the Vermont Department of Environmental Conservation administers several permit programs in conjunction with other permitting agencies. The type of permit required depends upon the specific project to be completed.
State and federal guidelines and/or permit regulations may also apply to pond management practices and construction of new ponds and dams. Any landowners contemplating construction of a new pond should consult these resources. The Vermont Agency of Natural Resources has created a fact sheet and guidelines on pond and dam construction in Vermont.
The following information is available below:
Vermont Department of Environmental Conservation Permits - It is always best to start any project by contacting a state permit specialist from the Vermont Department of Environmental Conservation.
Vermont Water Quality Permits - Information is included at this site regarding dams, water withdrawals, aquatic nuisance control, draw downs, and other topics.
Wetland Conditional Use Determination - When working in wetlands or their buffer zones a Wetland Conditional Use Determination from the Water Quality Division may be required.
Act 250 - Any project that comes under Vermont’s Act 250 jurisdiction will be required to address water quality and wetland issues during review.
Stream Alteration - Construction or gravel extraction in a river or stream or on its banks requires a Stream Alteration Permit from the state.
Shoreland Encroachment Permit - Projects in or along lakes or ponds that impinge beyond the normal summer water level requires a state Shoreline Encroachment Permit.
US Army Corps of Engineers 404 Permit - The U.S. Army Corps of Engineers (Corps) regulates the discharge of dredged and fill material, and mechanized land clearing in waters of the United States, including wetlands. The Corps of Engineers coordinates with the Agency of Natural Resources, but the two programs have different rules, regulations, and procedures.
Section 401, Water Quality Certification - Under Section 401 of the federal Clean Water Act, states have the authority to review and approve, condition, waive, or deny water quality certification for all Federal permits or licenses that might result in a discharge to waters of the United States, including wetlands.
Connecticut River Joint Commissions – The CRJC published an informative page called “Get the Right Permits for Projects Near Rivers and Streams” for landowners. Permit contact information is included for both New Hampshire and Vermont.
Vermont Pond Construction Guidelines
Pond and Dam Construction Fact Sheet
DEC Website on Ponds
Stormwater Permit Background Information
EPA has delegated authority to the state of Vermont for issuing stormwater permits. The agency responsible for reviewing and approving stormwater permits is the Department of Environmental Conservation (DEC) within the Agency of Natural Resources (ANR). Stormwater permits are required for many activities in the state of Vermont; they include Construction General Permits (CGP), Operational, and Multi-Sector General Permits (MSGP). Some projects may require all three permits. For an overview of this subject, see the links below.
Construction General Permits (Permit 3-9020) & Individual Discharge Permit
EPA Phase II laws now require Construction Permits for any disturbance of one (1) or more acres, including purely residential projects. The permit is a requirement of the federal Clean Water Act. Projects that are determined to have a low or moderate risk can get a Construction General Permit (CGP 3-9020). Higher risk projects need an Individual Discharge Permit.
Click on the link below to determine what kind of risk your project has and then see the permit conditions for construction.
Renewal of Previously Permitted Stormwater Discharges; 3-9010
New Development and Redevelopment permits; 3-9015
Multi-Sector General Permit (MSGP Permit 3-9003)
Is your business or operation considered a commercial/industrial activity? If so, you are required to have a MSGP. If you are unsure, can check your activities against the Standard Industrialized Code (SIC) codes through the links below. While some industrial uses are obvious, others needing a permit may not be. For example, sand and gravel pits or fire wood producers are industrial uses that have SIC codes.
ANR Tutorial on how to use the U.S Department of Labor website SIC page
U.S Department of Labor website guide to locating your SIC code and activity
Vermont's Multi-Sector General Permit (MSGP) 3-9003, for industrial activity
We encourage you to contact DEC with additional stormwater questions. It is a confusing field with constant changes. There are many potential situations which are not answered on their websites. Calling with specific questions will be helpful.
Water Quality Contacts for your area
In This Section
Acid Mine Drainage
Bank Erosion & Sediment
Basin Planning
Fisheries
Floodplain Management
Good Road Maintenance
Grants
Invasive Species
Mercury
Non-Point Source Pollution
Organizations
Permits
Riparian Buffer Zones
Wastewater Treatment
Water Quality Studies
Water Supply Protection
Wetlands