By the Department of
Environmental Conservation
October
6, 2014
The
Vermont General Assembly passed Act 138 in 2012 requiring the Agency of Natural
Resources (ANR) to adopt a Procedure that will:
Outline methods for assessing the sensitivity (i.e.,
stability) of rivers in the state; delineating river corridors based on
sensitivity; and identifying where flood and fluvial erosion hazards pose a
probable risk of harm to life, property, or public infrastructure;
Aid and support
the municipal adoption of river corridor, floodplain, and buffer bylaws; and
Recommend best
management practices for river corridors, floodplains, and buffers.
Acts
138 and Act 107 also required the State to adopt a Flood Hazard Area and River
Corridor Rule with the authority to set standards in exceedance of the minimum
regulatory standards required by the National Flood Insurance Program
administered by FEMA. The Administrative Rule will apply to activities exempt
from municipal regulation, i.e., state building and transportation projects,
public utilities, and agricultural and silvicultural activities. The proposed
Rule would establish a “no adverse impact” (NAI) standard, which essentially
limits proposed state facilities or utilities from making any change in the
height or velocity of floodwater that would increase inundation or erosion
hazards.
The draft Flood Hazard Area and River Corridor Protection Procedure (attached) explains how the Department of
Environmental Conservation (DEC) will utilize the same “no adverse impact”
standard in providing technical assistance and regulatory recommendations to
municipalities, Act 250, and other regulatory agencies. While NAI is the
standard ANR has applied since 2004 in making Act 250 recommendations and under
Criterion 1D for the NFIP floodway and the ANR river corridor1, it is a higher
standard to be met in the flood hazard area outside of the NFIP floodway
recommending measures of compensatory storage when necessary.
The
Procedures also explain how:
a)
Flood hazard areas, river corridor, and Act 250 floodways are delineated;
b)
Flood hazard area and river corridor maps are amended or revised by the
Department and other parties;
c)
Waivers from the NAI standard are used to encourage land use planning for
infill, redevelopment, and the shadowing of other structures; and
d) Best practices may be used
to promote stream and floodplain equilibrium conditions and the natural
attenuation of flood sediments, heights, and velocities that influence flood
inundation and fluvial erosion.
The River Corridor and Floodplain Protection Program will
accept public comments until November 3, 2014. Written comments should be
addressed to ANR.WSMDRivers@state.vt.us or
DEC Rivers Program, Watershed Management Division, 1 National Life Drive, Main
2, Montpelier, VT 05620-3522
1 ANR River Corridors are
calculated and field-measured areas providing for the stream dynamics,
meanders, and the riparian buffers necessary for the restoration and protection
of naturally stable or least erosive river forms. Corridors show an area where
any stream channelization measures used to protect development or other
improvements contribute to an increase in fluvial erosion upstream and
downstream and adversely affect public safety, riparian landowners, and river
ecosystems.
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