New Procedure and release of Statewide River Corridor Data!

It seems a little late into January to be saying this, but Happy New Year to all.  Last month, we had 2 big releases for Vermont Floodplain and River Corridor management:

In the beginning of December, we released our new Flood Hazard Area and River Corridor Protection Procedure which was a while in the making.  This new procedure has several purposes, but the main purpose is to document how the DEC (Department of Environmental Conservation) defines and maps river corridors for: the purpose of Act 250 & Section 248 proceedings, administering the state Flood Hazard Area and River Corridor Rule, and for the regulation of berming under the Stream Alteration rules.

As for the second big release, we are happy to announce the release of our Statewide River Corridor data online!  As you see in the purpose of the Procedure, VT Rivers Program has updated the methodology for mapping River Corridors. This change has come mostly because we have been working very hard over the past year and a half or so to create a statewide river corridor map that covers all Vermont streams with a drainage area of greater than 2 square miles.  At the end of last year, the first Statewide River Corridor map was released to the public for use and can be accessed on the VT ANR Natural Resource Atlas or at the Flood Ready Atlas.  At this time, the statewide map is an approximate river corridor map but we will be working to incorporate the many miles of field assessed data that has been collected throughout the state over the past many years.  Please refer to the River Corridors - Frequently Asked Questions page, as some of your question may be addressed there.

Something else that is new and on the horizon is the implementation of our Flood Hazard Area and River Corridor Rule.  The Rule was adopted this past fall and will go into effect on March 1, 2015.  We will be posting more information in the coming weeks about this roll out.  If you read the rule and our new procedure, you will see that the Procedure contains the background and technical information that support the new rule.

Please be aware that our new rule will apply only to development that is exempt from local municipal permitting, specifically:

• State owned and operated facilities and properties;
• farms and silvicultural properties that operate under the Accepted Agricultural Practices (AAPs) or Accepted Management Practices (AMPs which apply to protecting water quality on logging jobs); and
• power-generating facilities or transmission facilities subject to Section 248 jurisdiction 

A public notice to announce the draft General Permit for the FHARC Rule is anticipated in the coming weeks.

Vermont Bill H.676 Was Signed into Law on 4/17/2014

Ok... So what is bill H.676? Why are we posting information about this change here?  For those of you who are not following the Vermont legislative session as closely as March Madness brackets or the latest episode of Game of Thrones, it is a pretty short but effective bill at helping to clean up inconsistencies in Vermont statute with regards to floodplain protections.  The final bill that was passed by the House and Senate (which can be found here) makes two amendments to existing statute.  At this time, I do not know if it has a final "Act" number.

The first change was to Act 138 from the 2012 Legislative session that established authority for ANR to create a State Floodplain Rule.  This State Floodplain Rule would apply for uses and development exempt from local municipal regulation (aka 24 VSA 4413 statute).  This state rule would really only apply to a few limited categories of uses: State owned and operated facilities, Accepted Agricultural Practices, Accepted Silvicultural Practices, and public utility power-generating and transmission facilities subject to regulation by the Public Service Board.  Act 138 was not clear on whether or not the ANR would have the ability to include the regulation of river corridor areas in addition to FEMA's mapped Special Flood Hazard Areas (SFHAs) in the State Floodplain Rule.  The first part of H.676 helps to clarify that there is authority for regulating development in both the SFHA and the river corridor for these limited categories of projects.  Therefore, it will be an ANR State Floodplain & River Corridor Rule which will include river corridor protections for that limited list of municipally exempt development.

The second change was made to 24 VSA statute 4413 to clarify municipal jurisdiction around limited uses and the National Flood Insurance Program (NFIP).  For most of the traditional uses and development that a community has limited authority to regulate, the community now has the authority to regulate those uses for compliance with both the community's NFIP standards and any river corridor standards.  This development would include:

• Community-owned and operated institutions and facilities;
• Public and private schools and other educational institutions;
• Churches and other places of worship;
• Public and private hospitals;
• Regional solid waste management facilities;
• Construction of hazardous waste management facilities

H. 676 makes it clear that our ANR State Floodplain & River Corridor Rule would not apply to these types of development, but would otherwise be reviewed by the community against its own flood hazard area requirements.