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Vt. Stat. Ann. tit. 10, § 1253 (2026)

✓ current as of May 2026
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Subchapter 001 : WATER POLLUTION CONTROL

(Cite as: 10 V.S.A. § 1253)
Notes of Decisions
Cited in 8 cases, 1983–2009 · leading case: Petition of Town of Sherburne, 581 A.2d 274 (Vt. 1990).
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Petition of Town of Sherburne, 581 A.2d 274 (Vt. 1990). · cites it 4× “See 10 V.S.A. § 1253(c), (e). The superior court determined that the Board acted arbitrarily, unreasonably and contrary to law.”
Appeal of Stratton Corp., 600 A.2d 297 (Vt. 1991). · cites it 6× “We have no difficulty concluding that a reclassification determination under 10 V.S.A. § 1253 is a policy-based rule of general applicability, and not an adjudication of particular parties’ rights.”
In re Reclassification of Brook, 508 A.2d 703 (Vt. 1986). · cites it 7× “The brook had been designated a class “B” waterway in accordance with 10 V.S.A. § 1253(b). According to Rule 11 of the Vermont Water Quality Standards, class “B” waters may not receive any discharge of wastewater.”
In re Appeal of Clyde River Hydroelectric Proj., 895 A.2d 736 (Vt. 2006). “Consistent with its mandate under the Act, the State of Vermont has adopted comprehensive water quality standards under which all waters above 2500 feet and all waters used for public drinking water are Class A waters, 10 V.S.A. § 1253(a), and all other waters are Class B unless…”
In Re New England Tel. & Tel. Co., 621 A.2d 232 (Vt. 1993). “2d 703, 704 (1986) (quoting 10 V.S.A. § 1253(c)). In that case, the Water Resources Board found only that reclassification was in the public interest and neglected to make a finding regarding the established classification.”
In re Reclassification of Airport & Pond Brooks, 457 A.2d 635 (Vt. 1983). “Montpelier contends that the order of the Water Resources Board affirmed below should have been reversed because there is nothing by way of findings to support the order made by the Board setting aside the legislative classification of such brooks as Class A in 10 V.S.A. § 1253.…”
Sunset Cliff Homeowners Ass'n v. Water Res. Bd. (Vt. Super. Ct. 2005). “436, 445 (1991) (arriving at the same conclusion with regard to the Board’s analogous reclassification authority in 10 V.S.A. § 1253). Moreover, this authority is truly “legislative” in nature (as opposed to nonlegislative): it is an extension of the legislative process.”
Sheffield Wind Proj. (Vt. Super. Ct. 2009). “Motion for Summary Judgment as to Question 4 Question 4 relates to whether there will be discharges to tributaries of streams over 2,500 feet in elevation, and, if so, whether the application complies with the Vermont Water Quality Standards (VWQS)3 § 1-03(C) as to such waters,…”
— Vt. Stat. Ann. tit. 10, § 1253(a) — 2 cases
In re Appeal of Clyde River Hydroelectric Proj., 895 A.2d 736 (Vt. 2006). “Consistent with its mandate under the Act, the State of Vermont has adopted comprehensive water quality standards under which all waters above 2500 feet and all waters used for public drinking water are Class A waters, 10 V.S.A. § 1253(a), and all other waters are Class B unless…”
Appeal of Stratton Corp., 600 A.2d 297 (Vt. 1991). “We have no difficulty concluding that a reclassification determination under 10 V.S.A. § 1253 is a policy-based rule of general applicability, and not an adjudication of particular parties’ rights.”
— Vt. Stat. Ann. tit. 10, § 1253(b) — 2 cases
Appeal of Stratton Corp., 600 A.2d 297 (Vt. 1991). “We have no difficulty concluding that a reclassification determination under 10 V.S.A. § 1253 is a policy-based rule of general applicability, and not an adjudication of particular parties’ rights.”
In re Reclassification of Brook, 508 A.2d 703 (Vt. 1986). “The brook had been designated a class “B” waterway in accordance with 10 V.S.A. § 1253(b). According to Rule 11 of the Vermont Water Quality Standards, class “B” waters may not receive any discharge of wastewater.”
— Vt. Stat. Ann. tit. 10, § 1253(c) — 4 cases
Petition of Town of Sherburne, 581 A.2d 274 (Vt. 1990). “See 10 V.S.A. § 1253(c), (e). The superior court determined that the Board acted arbitrarily, unreasonably and contrary to law.”
In re Reclassification of Brook, 508 A.2d 703 (Vt. 1986). “The brook had been designated a class “B” waterway in accordance with 10 V.S.A. § 1253(b). According to Rule 11 of the Vermont Water Quality Standards, class “B” waters may not receive any discharge of wastewater.”
In Re New England Tel. & Tel. Co., 621 A.2d 232 (Vt. 1993). “2d 703, 704 (1986) (quoting 10 V.S.A. § 1253(c)). In that case, the Water Resources Board found only that reclassification was in the public interest and neglected to make a finding regarding the established classification.”
Appeal of Stratton Corp., 600 A.2d 297 (Vt. 1991). “We have no difficulty concluding that a reclassification determination under 10 V.S.A. § 1253 is a policy-based rule of general applicability, and not an adjudication of particular parties’ rights.”
— Vt. Stat. Ann. tit. 10, § 1253(e) — 2 cases
Appeal of Stratton Corp., 600 A.2d 297 (Vt. 1991). “We have no difficulty concluding that a reclassification determination under 10 V.S.A. § 1253 is a policy-based rule of general applicability, and not an adjudication of particular parties’ rights.”
In re Reclassification of Brook, 508 A.2d 703 (Vt. 1986). “The brook had been designated a class “B” waterway in accordance with 10 V.S.A. § 1253(b). According to Rule 11 of the Vermont Water Quality Standards, class “B” waters may not receive any discharge of wastewater.”
— Vt. Stat. Ann. tit. 10, § 1253(e)(4) — 1 case
Petition of Town of Sherburne, 581 A.2d 274 (Vt. 1990). “See 10 V.S.A. § 1253(c), (e). The superior court determined that the Board acted arbitrarily, unreasonably and contrary to law.”
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