State Wetland Regulatory Update

Presented by: Laura Lapierre, VT DEC Wetlands Program Manager

March 16, 2025 | 1

Overview

• Act 121
• Wetland Maps
• Reports
• Net Gain
• Process Improvements
• Applications
• New Inquiries
• Onsite wastewater application notification
• District changes

March 16, 2025 | 2

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Wetland Maps

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National Wetlands Inventory – NWI, managed by USFWS, origins of VSWI, includes rivers and lakes too.

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Vermont Significant Wetlands Inventory – VSWI, managed by VT DEC, includes regulated wetlands, many regulated wetlands are not on the map, public notice.

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Wetland Advisory Layer – Managed by VT DEC, includes wetlands found by staff in field or aerial interpretation, no regulatory status, updated continuously.

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NWI

VSWI

Advisory

March 16, 2025 | 3

NWI to VSWI

Manure pits and ponds created in upland

Deepwater habitats: lakes, rivers, streams.

Significant wetlands (categorical class II):

>0.5 acre

Dense vegetation, connected to waterbody, over 2,500

Vernal Pools & headwaters

Rare wetland species populations and significant wetland natural communities

Retain all VSWI polygons created from permit decisions.

Review all NWI omitted VSWI, retain if wetland signature on aerial image.

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March 16, 2025 | 5

Statewide VSWI Update

Missisquoi River Basin Wetlands were updated for the VSWI in early 2023. Area updated: 603 square miles.

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Winooski, Otter Creek, Little Otter, Lewis Creek, and Pike River next.

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Connecticut River Basin and Norther Lake Champlain Direct by late spring 2025.

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Remainder of the State completed in 2026, ahead of field season.

March 16, 2025 | 6

Report��- annual losses/gains�- # site visits & tech � assistance�- # permits & enforcement � actions�- mitigation �- comprehensive 5 year � report

CY 2023:

3.9 acres of wetland fill

4.5 acres of wetland enhancement or restoration

In 2023:

- 213 permit decisions

- 293 wetland violation complaints,

31 violations corrected, 1 citation

- Tech assistance for ~1600 unique

project files

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March 16, 2025 | 7

Net Gain

• > 5,000 sqft wetland fill require compensation.
• Wetland fill compensated at a 2:1 ratio, starting September 2025.
• Establish other compensation ratios for wetland and buffer.

March 16, 2025 | 8

Net Gain

• Compensation ratios to consider:
• Wetland function pre/post project
• How restoration will take place
• Temporal loss, risk of failure
• Location of restoration (HUC 8 level preference)
• Requirement to conduct 5 years of post-restoration monitoring
• Ability to create a Vermont in-lieu fee compensation program, or implement through agreements with third-party
• ACOE ILF now at $240,000 -$300,000 per credit (acre)

March 16, 2025 | 9

Process Improvements – Updated Applications (online by April 1)

March 16, 2025 | 10

New Project Input Process: ANROnline V1

Goals of ANROnline form:

• Entry automation
• Tracking improvements
• Faster response

• No project file? Make a project review request on ANROnline
• Existing project file, need a site visit? Fill out the MSForm

Coming soon…

March 16, 2025 | 11

Forgot Project Number? Check the Wetland Screening Tool

March 16, 2025 | 12

March 16, 2025 | 13

Onsite Wastewater Permit Application Coordination

• Improvements in awareness of need for wetland review for single family homes.
• Automated email sent to WW Designer and applicant when Permit Navigator results show potential wetlands on parcel.
• Message does not require delineation.

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March 16, 2025 | 14

Julie Follensbee – Orange County (Co.) and Caledonia Co.

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Krystal T. Sewell – Franklin Co.

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Shannon Morrison – Washington Co., Lamoille Co., Orleans Co., Essex Co.

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Tina Heath – Chittenden Co.

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Elijah Schumacher – Grand Isle County.

Statewide ARPA funded projects.

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Rebecca Chalmers – Windham Co. Bennington Co. Windsor Co. BUT NOT Landgrove, Rochester, and Stockbridge.

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Zapata Courage – Addison and Rutland Co.. Towns of Landgrove, Rochester, and Stockbridge in Windsor Co.

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Lauren Sopher – In training. (will have a Northeastern District)

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Starting March 24th

March 16, 2025 | 15

District Wetlands Ecologist’s Year

Delineation review

Data Entry

Mapping

Guidance Creation

Field Season wrap-up

Site Visit Scheduling

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March 16, 2025 | 17