(a) The Secretary may, upon a petition or on his or her own motion, determine whether
any wetland is a Class II or Class III wetland. Such determinations shall be based
on an evaluation of the functions and values set forth in subdivision 905b(18)(A) of this title and the rules of the Department.
(b) The Secretary may establish the necessary width of the buffer zone of any Class II
wetland as part of any wetland determination pursuant to the rules of the Department.
(c) The provisions of chapter 170 of this title shall apply to issuance of determinations
under this section.
(d) [Repealed.]
(e) The Secretary may recommend to the panel that a wetland be classified as a Class I
wetland under section 915 of this title. (Added 2009, No. 31, § 5; amended 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 150 (Adj. Sess.), § 9, eff. Jan. 1, 2018.)
Hinesburg Hannaford Wetland Determination (Vt. Super. Ct. 2015). · cites it 4דTitle 10 V.S.A. § 914 sets out this authority. That section, titled Wetlands determinations, states: 3 (a) The Secretary may, upon a petition or his or her own motion, determine whether any wetland is a Class II or Class III wetland.”
Costco SW Discharge Permit (Vt. Super. Ct. 2015). · cites it 2דSee VWR § 5; see also 10 V.S.A. § 914. In light of these determinations, we conclude that the wetland on Lot 5 is significant, due to its ability to satisfy two important functions and values for this area.”
Hinesburg Hannaford Wetland (Vt. Super. Ct. 2016). “Class II wetlands are wetlands that are identified on the Vermont significant wetlands inventory map, or are wetlands the Agency determines warrant protection as a Class II wetland pursuant to 10 V.S.A. § 914. This determination is based on an evaluation of the functions and…”
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