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Water Quality

Permits

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.

Below are links to state of Vermont permit programs, but there are also federal permitting requirements at times, and can even be local regulations in many of these areas. It is best to talk to the Zoning Administrator/Administrative Officer for the town in which you are working as well as the ANR Permit Specialist at the Environmental Assistance Office (EAO).

EAO- http://www.anr.state.vt.us/dec/ead/pa/index.htm - Open in New Window

The following information is available below:

General Permit Information

Crossings

http://www.vtwaterquality.org/permits/htm/pm_streamcrossing.htm - Open in New Window

Dams

http://www.anr.state.vt.us/dec/FED/damsafety/ds_permits.htm - Open in New Window

Direct Discharges

http://www.anr.state.vt.us/dec/ww/discharge.htm - Open in New Window

Drinking (Potable) Water Supplies

Water supplies are regulated separately depending whether they are public water supplies (including private systems that serve many people) or smaller private systems. Both kinds of supplies are covered by the Water Supply Rule.

http://www.vermontdrinkingwater.org/wsrule/Vermont_WSR_December_2010.pdf - Open in New Window

Docks and Lakeshore Armoring

http://www.vtwaterquality.org/permits/htm/pm_encroachment.htm - Open in New Window

Floodplains

For more information on floodplain permitting, to the floodplain section of our web site.

Junkyards

http://www.anr.state.vt.us/dec/permit_hb/Sheet46.1.pdf - Open in New Window

Underground Tanks

http://www.anr.state.vt.us/dec/wastediv/ust/permit.htm - Open in New Window

Wastewater Treatment

Vermont regulates both septic systems and wastewater treatment plants. For information on small systems up to 6500 gallons per day and connections to existing systems use the link below.

http://www.anr.state.vt.us/dec/ww/EngServ.htm#Rules - Open in New Window

Wetlands

For more information on wetlands permitting, see the wetlands section of our web site..

Withdrawals

Surface water withdrawals for things such as snowmaking or water supply are regulated separately from groundwater withdrawals.

http://www.vtwaterquality.org/permits.htm#withdrawals - Open in New Window

Large groundwater withdrawals are newly regulated in Vermont and VTDEC is in the process of establishing the program. More can be found on the draft process at:

http://www.vermontdrinkingwater.org/wsrules.htm#gw - Open in New Window

Stormwater Permitting


Stormwater is regulated in Vermont primarily for three categories, runoff from sites during construction, runoff from larger impervious surfaces and runoff from activities of a nature that might contaminate surface waters. The rules also change depending upon whether you are located in an officially designated "impaired water".

http://www.anr.state.vt.us/dec/waterq/stormwater.htm - Open in New Window

State Stormwater Discharge Permits Required If...

  • Temporary construction projects with disturbance ≥ 1 acre.
  • New impervious ≥ 1 acre.
  • Redevelopment of existing impervious ≥ 1 acre.
  • Expansions with ≥ 1 acre total resulting impervious surface (existing/redeveloped + new), unless qualify for following exemption:
    • expansion < 5000 sf and
    • cumulative expansions since 7/4/2005 < 5000 sf

Examples

  • A 1/2 mile gravel road 15' to 20' wide is 1 acre of impervious surface so most subdivisions will need a state stormwater permit.
  • Purely residential construction sites usually create more than one acre of disturbance and will need a permit under the construction general permit.

Permit Coordinators

For Windsor and Orange Counties:
Dan Mason, 476-2678, dan.mason@state.vt.us.
For Rutland and Addison Counties:
Matthew Probasco, 241-4581, matthew.probasco@state.vt.us.

Permit Types

  • Construction General (3-9020): Temporary construction with disturbance ≥ 1 acre
    • Low & Moderate Risk (General)
    • High Risk (Individual)
  • Operational (new 3-9015, renewal 3-9010): Permanent projects with impervious surfaces ≥ 1 acre in unimpaired watersheds, subject to renewal
  • Multi-Sector General (3-9003): Permanent commercial/industrial projects with SIC codes
  • Operational Watershed Improvement Permits (WIP Individual uses 3-9015 forms): Permanent projects with impervious surfaces ≥ 1 acre in IMPAIRED watersheds, subject to renewal

Remember

  • There are no grandfathering provisions so all sites will need a stormwater permit once they exceed 1 acre impervious.
  • Most projects will fall under the jurisdiction of the general permits with standard requirements and permit conditions. Projects with greater impacts will need an individual permit with specific requirements.
  • Stormwater permits expire so the conditions may change when renewed.
  • Exemptions apply to agricultural, forestry operations, and single family dwellings.
  • All stormwater impaired waters are NOT in the TRORC region (Roaring Brook is in Killington).
  • All MS4 permits for small-scale stormwater systems are in Chittenden County.

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.

VTDEC Stormwater 101 Introduction - sw_stormwater_101_9-25-06.pdf - Download File
TRORC Stormwater presentation - TRORCsw.pdf - File Size: 2,087KB - Download File

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.

http://www.anr.state.vt.us/dec/waterq/stormwater/htm/sw_cgp.htm - Open in New Window
Stormwater flow-chart - sw_flowchart1.pdf - File Size: 109KB - Download File

Renewal of Previously Permitted Stormwater Discharges; 3-9010

http://www.anr.state.vt.us/dec/waterq/stormwater/htm/sw_3-9010.htm - Open in New Window

New Development and Redevelopment permits; 3-9015

http://www.anr.state.vt.us/dec/waterq/stormwater/htm/sw_3-9015.htm - Open in New Window


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.

Sectors of Industrial activity covered by the NPDES Multi-Sector General Permit - swSIC.pdf -
File Size: 241KB - Download File

ANR Tutorial on how to use the U.S Department of Labor website SIC page

sw_msgpstep1.pdf - File Size: Unknown (external file) - Download File

U.S Department of Labor website guide to locating your SIC code and activity

http://www.osha.gov/pls/imis/sicsearch.html - Open in New Window

Vermont's Multi-Sector General Permit (MSGP) 3-9003, for industrial activity

http://www.anr.state.vt.us/dec/waterq/stormwater/htm/sw_msgp.htm - Open in New Window

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

http://www.anr.state.vt.us/dec/waterq/contacts.htm#storm - Open in New Window

In This Section


Floodplain Management

Invasive Species

Organizations

Permitting

Planning

Pollution & Prevention

Wetlands