Vermont Statutes Annotated

Vt. Stat. Ann. tit. 10, § 1081 (2026)

Jurisdiction of Department

✓ current as of May 2026

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(Cite as: 10 V.S.A. § 1081)

§ 1081. Jurisdiction of Department

(a) Powers and duties. Unless otherwise provided, the powers and duties authorized by this chapter shall be exercised by the Department of Environmental Conservation. Nonfederal dams at which the generation of electric energy is subject to licensing jurisdiction under the Federal Power Act, 16 U.S.C. chapter 12, subchapter 1, and the dam structure is regulated separately from electric generation shall be under the jurisdiction of the Department, except to the extent of regulation at those facilities related solely to electric generation under the Federal Power Act.

(b) Transfer of jurisdiction. Jurisdiction over a federal dam is transferred to the Department when the license or exemption for a federal dam expires or is otherwise.

(c) Transfer of records. Upon transfer of jurisdiction of any dam from the Public Utility Commission to the Department, the Public Utility Commission shall transfer copies of all records pertaining to the subject dam, including record drawings, construction drawings, engineering investigations and analyses, photographs, inspection reports, design, permitting, and emergency action planning documents and any other files pertaining to the subject dam, to the Department in digital and hardcopy format acceptable to the Department within 30 days following the jurisdictional transfer. (Amended 1959, No. 203; 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 2; 2017, No. 161 (Adj. Sess.), § 1; 2021, No. 42, § 1; 2023, No. 121 (Adj. Sess.), § 18, eff. July 1, 2024.)

Notes of Decisions

Cited in 2 cases, 1982–2004 · leading case: In Re Hinsdale Farm, 2004 VT 72 (Vt. 2004).

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In Re Hinsdale Farm, 2004 VT 72 (Vt. 2004). · cites it 2× “10 V.S.A § 1081. With one exception, permits for all other types of dams are issued by the Agency of Natural Resources through the Department of Environmental Conservation (DEC).”

Application of Buttolph, 451 A.2d 1129 (Vt. 1982). “Its jurisdiction unquestionably extends to the regulation of dams impounding more than 500,000 cubic feet of water in any stream or river in the state, 10 V.S.A. §§ 1081 and 1082, and it is expressly authorized, in the exercise of that jurisdiction, to employ persons “as may be…”

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