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Vermont Operational Storm Water Permit (14-VT-g)

In Vermont, a developer may need an operational stormwater permit, in the form of either an Individual Stormwater Discharge Permit or a General Stormwater Discharge Permit, for a new development, expansion, redevelopment, and/or existing impervious surfaces equal to or greater than one acre that discharge stormwater. Discharge Permit, 10 V.S.A. §1263 (a); Stormwater Management, 10 V.S.A. §1264. The Secretary of the Vermont Agency of Natural Resources (ANR) regulates and manages stormwater runoff to reduce “stream channel instability, pollution, siltation, sedimentation, and local flooding, all of which have adverse impacts on the water and land resources of the State.” Discharge Permit, 10 V.S.A. §1263 (a); Stormwater Management, 10 V.S.A. §1264(a). The Secretary of ANR has delegated permitting authority to the Department of Environmental Conservation (DEC), a department within ANR. The DEC’s Watershed Management Division(WMD) regulates stormwater discharges pursuant to Discharge Permit, 10 V.S.A. §1263 et seq., Stormwater Management, 10 V.S.A. §1264 et seq., Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 and Stormwater Management Rule, CVR 12-030-018A.


Operational Storm Water Permit Process

14-VT-g.1 to 14-VT-g.2 — Does the Project Activity Discharge Regulated Stormwater Runoff?

The developer may need an Individual Stormwater Discharge Permit or General Stormwater Discharge Permit for a project (new development, expansion, redevelopment, and/or existing impervious surface) that discharges regulated stormwater runoff. Discharge Permit, 10 V.S.A. §1263 (a). The following discharges require a permit:

  • A discharge from the development of new impervious surfaces equal to or greater than one (1) acre;
  • A discharge from the expansion of an existing impervious surface, such that the total resulting impervious surface of a project is equal to or greater than one (1) acre, except that a permit is not required for an expansion that meets the exemption in Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 § 22-304(a)(4);
  • A discharge from the redevelopment of an existing impervious surface if the redeveloped portion of the existing impervious surface is equal to or greater than one (1) acre;
  • A discharge from a combination of expansion and redevelopment of an existing impervious surface, such that the total resulting impervious surface is equal to or greater than one (1) acre, except that a permit is not required if the exemptions in Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 § 22-304(a)(4)-(5) are met;
  • A discharge from any size of impervious surface if the Secretary of Agency of Natural Resources (ANR) determines that treatment is necessary to reduce the adverse impacts of the discharge due to the size of the impervious surface, drainage pattern, hydraulic connectivity, installation or modification of drainage or conveyance structures, location of the discharge, existing stormwater treatment, or other factors identified by the Secretary of ANR; and
  • A discharge from an existing impervious surface of equal to or greater than one (1) acre if the Secretary of ANR has previously issued an Individual Stormwater Discharge Permit or Individual Temporary Pollution Permit for the discharge.

Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 § 22-302(a); Stormwater Management Rule, CVR 12-030-018A §18-302(a).

For a complete list of discharges that may need a permit, see: Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 § 22-302(a); Stormwater Management Rule, CVR 12-030-018A §18-302(a).

14-VT-g.3 — Determine Discharge Location

The developer must determine whether the discharge is into stormwater-impaired waters. This determination will dictate which regulations apply to the project, thereby defining the applicable application requirements and resulting permitting procedure.

A “stormwater-impaired water” is a water that the “Secretary of ANR determines is significantly impaired by discharges of regulated stormwater runoff and is listed as being impaired due to stormwater runoff on the Environmental Protection Agency (EPA)-approved State of Vermont 303(d) List of Waters prepared pursuant to 33 U.S.C § 1313(d).” A list of Vermont’s impaired waters can be found on the EPA’s Region 1 website, pursuant to 33 U.S.C § 1313. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 § 22-201(29); Stormwater Management Rule, CVR 12-030-018A §18-201(22); Stormwater Management, 10 V.S.A. §1264(a)(13).

A developer must adhere to the Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 for projects discharging into stormwater-impaired waters, and to the Stormwater Management Rule, CVR 12-030-018A for projects that discharge into non-stormwater impaired waters.

14-VT-g.4 to 14-VT-g.5 — Does an Exemption Apply?

A developer does not need a General or Individual Stormwater Discharge Permit for:

  • Discharges of stormwater runoff that are already covered by a National Pollutant Discharge Elimination System (NPDES) permit for a direct or indirect discharge from a wastewater treatment plant or by a permit issued pursuant to Underground Injection Control Rule, CVR 12-032-002;
  • Discharges of regulated stormwater runoff from the development, redevelopment, or expansion of impervious surfaces if the discharge did not require a permit prior to the effective date of Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 or Stormwater Management Rule, CVR 12-030-018A, whichever is applicable, provided that:
    • a technically complete application for all local, state, and federal permits, except NPDES construction activities permits, related to either the regulation of land use or a discharge to state waters has been submitted as of January 9, 2005 for stormwater-impaired waters and July 4, 2005 for non-stormwater impaired waters, the applicant (developer) does not subsequently file an application for permit amendment that would have an adverse impact on water quality, and substantial construction (e.g. construction of roads and drainage infrastructure) of the project commences within two years of July 1, 2005;
    • all local, state, and federal permits, except NPDES construction activities permits, related to either the regulation of land use or a discharge to state waters has been obtained as of the effective date of January 9, 2005 for stormwater-impaired waters and July 4, 2005 for non-stormwater impaired waters, and substantial construction (e.g. construction of roads and drainage infrastructure) of the project commences within two years of July 1, 2005;
    • no local, state, or federal permit, except NPDES construction activities permits, related to either the regulation of land use or a discharge to state waters is required, and substantial construction (e.g. construction of roads and drainage infrastructure) of the project commences within two years of July 1, 2005; or
    • the new development, redevelopment, or expansion is a linear project, and an order of necessity has been issued or right-of-way acquisition has been substantially completed as of July 1, 2004, and construction of the project commences within five years after July 1, 2004.
  • The expansion of an existing impervious surface, such that the total resulting impervious surface is equal to or greater than one (1) acre, if:
    • the increase or addition of impervious surface is less than 5,000 square feet;
    • the expansion is made to existing impervious surfaces created prior to June 1, 2002 (applies only to (non-stormwater impaired waters); and
    • this exemption may be used for consecutive expansions of an existing impervious surface up to a cumulative total of 5,000 square feet. When the cumulative total expansion exceeds 5,000 square feet, the expanded impervious surface in excess of 5,000 square feet must comply with the treatment standard in subsection 18-306(a)(1) of Stormwater Management Rule, CVR 12-030-018A and subsection 22-306(c)(1) of Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19.
  • The redevelopment of an existing impervious surface if the redeveloped portion of the existing impervious surface is less than one (1) acre;
  • Discharges of regulated stormwater runoff into a water that is not a stormwater-impaired water from impervious surfaces in existence as of January 1, 1978;
  • Discharges of regulated stormwater runoff into a water that is not a stormwater-impaired water from impervious surfaces of less than one (1) acre regardless of when constructed;
  • Discharges of regulated stormwater runoff from a single family or duplex residence, including associated driveways, that are not built as part of a multifamily residential subdivision; and
  • Stand-alone offset projects that receive an Individual Stand-Alone Offset Project Permit, an authorization to discharge under a General Stand-alone Offset Project Permit issued pursuant to Subchapter 5 of Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19, or a Stand-Alone Offset Project NPDES Permit (applies only to storm-water impaired waters); and
  • Discharges of regulated stormwater runoff from the portion of a bridge superstructure that spans the normal water level of a receiving water and normally no water from the approaches flows to the bridge deck.

Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-304(a); Stormwater Management Rule, CVR 12-030-018A §18-304(a).

For a complete list of exemptions, see: Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-304(a); Stormwater Management Rule, CVR 12-030-018A §18-304(a).

Note, however, that a developer must obtain a permit if the Secretary of ANR determines that a permit is required pursuant to Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-302(a)(5) or (6); Stormwater Management Rule, CVR 12-030-018A §18-302(a)(5).

14-VT-g.6 — Stormwater Discharge Permit Application and Fee

The developer must submit a complete application and applicable fee to the WMD. Whether the project discharges into stormwater-impaired waters or qualifies for a General Permit dictates the applicable application requirements and resulting permitting procedure. A developer must apply for an Individual Stormwater Discharge Permit (Individual Permit) for projects that do not meet the conditions of a General Stormwater Discharge Permit (General Permit).

The Secretary of ANR may require an applicant (developer) applying for coverage under a General Permit to apply for an Individual Permit. Cases where an Individual Permit may be required include, but are not limited to, the following:

  • The permittee (developer) is not in compliance with the terms and conditions of the General Permit;
  • The discharge does not qualify for General Permit coverage taking into account:
    • the location of the discharge;
    • the size of the discharge; or
    • the impact on the receiving water.
  • If a permit applicant (developer) proposes to use an alternative stormwater treatment system pursuant to the Vermont Stormwater Management Manual Volume I and Vermont Stormwater Management Manual Volume II; or
  • When necessary to implement an applicable Total Maximum Daily Load (TMDL) or Water Quality Remediation Plan (WQRP).

Stormwater Management Rule, CVR 12-030-018A §18-308(l)(1)(A)-(C); Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-308(l)(1)(A)-(D).

General Permit

The developer must submit a complete Notice of Intent to Discharge Stormwater Pursuant to General Permit (3-9015) (NOI) with all necessary attachments, fees and all other application information required, to the WMD. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-308(b)(1); Stormwater Management Rule, CVR 12-030-018A §18-308(b)(1).

The NOI must, at minimum, include:

  • The applicant’s (developer) name, address, and contact information;
  • A description of the project;
  • A description of the manner in which the discharge will take place, including the type of impervious surfaces, the conveyance, and type of treatment proposed to meet applicable treatment standards, and a description of the stormwater outfall to the specified receiving water;
  • A signature by a designer;
  • A complete list of all plans applicable to the stormwater management design that have been included with the application; and
  • A complete summary of the impervious area(s) impacted.

Notice of Intent to Discharge Stormwater Pursuant to General Permit (3-9015); Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-308(b)(5); Stormwater Management Rule, CVR 12-030-018A §18-308(b)(5).

Stormwater Impaired Waters

A developer must also submit additional information, pursuant to Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-408(b)-(d), with the NOI and application material for a General Permit to the WMD. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §§22-308(b)(6), 309(b)(6).

Individual Permit

The developer must submit a complete Individual Stormwater Discharge Permit Application (Individual Permit Application) to WMD. An Individual Permit Application, at minimum, must include:

  • The applicant’s (developer) name, address, and contact information;
  • A description of the project;
  • A description of the manner in which the discharge will take place, including the type of impervious surfaces, the conveyance, and type of treatment proposed to meet applicable treatment standards, and a description of the stormwater outfall to the specified receiving water;
  • A signature by a designer;
  • A complete list of all plans applicable to the stormwater management design that have been included with the application; and
  • A complete summary of the impervious area(s) impacted.

Individual Stormwater Discharge Permit Application.

The Secretary of ANR may require an applicant (developer) to submit additional information that the Secretary considers necessary in order to make a decision on the issuance or denial of an authorization to discharge. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §§22-308(b)(6), 309(b)(6); Stormwater Management Rule, CVR 12-030-018A §18-308(b)(6), 309(b)(6).

14-VT-g.7 to 14-VT-g.8 — Review Application Materials for Completeness

Upon receipt of the application the WMD reviews the developer’s permit application materials and determines if the application is administratively and technically complete. The WMD will notify the developer if the application is complete or incomplete, and whether additional information is required. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §§22-308(b)(6), 309(b); Stormwater Management Rule, CVR 12-030-018A §§18-308(b)(6), 309(b).

If additional information is requested, the developer has sixty days (60) to provide the information. If the developer does not provide the requested information within sixty (60) days the Secretary of ANR has the authority to deny the permit application. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §§22-308(b)(6), 309(c); Stormwater Management Rule, CVR 12-030-018A §18-308(b)(6), 309(c).

14-VT-g.9 to 14-VT-g.10 — Publish Notice of Application

The WMD must provide public notice of the applicable permit application materials to the clerk of the municipality in which the discharge is located, and to a list of interested person, if any. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-308(c)(1); Stormwater Management Rule, CVR 12-030-018A §18-308(c)(1). The list of interested person is maintained by the Secretary of ANR. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-308(d); Stormwater Management Rule, CVR 12-030-018A §18-308(d).

In addition, the WMD must post notice of the application on the DEC’s Environmental Notice Bulletin website. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-308(c)(1); Stormwater Management Rule, CVR 12-030-018A §18-308(c)(1).

Stormwater Impaired Waters

The developer must also provide notice of the application to all of the municipalities within the watershed of the stormwater-impaired water. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-308(c)(1).

Any interested party may submit written comments to the WMD for ten (10) days from the date of the notice, regarding whether the application complies with the terms and conditions of the General Permit or Individual Permit. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-308(c)(2); Stormwater Management Rule, CVR 12-030-018A §18-308(c)(2).

14-VT-g.11 — Does the Project Qualify for a General Permit?

The type of permit required dictates not only what application materials the developer must submit to the WMD, but also the subsequent review process. If the project is not eligible for a General Permit and must obtain an Individual Permit go to 14-VT-g.15.

14-VT-g.12 — Draft General Stormwater Discharge Permit

After reviewing a complete application in conjunction with submitted public comments the Secretary of ANR may compose a Draft General Stormwater Discharge Permit (Draft General Permit). Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-307(b); Stormwater Management Rule, CVR 12-030-018A §18-307(b).

14-VT-g.13 to 14-VT-g.14 — Publish Notice of Draft General Stormwater Discharge Permit

The Secretary of ANR provides notice of the Draft General Permit to the clerks of the municipalities in the geographic area covered by the General Permit and to a list of interested persons, if any. In addition, the developer must post notice of the Draft General Permit on the DEC’s Environmental Notice Bulletin website Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-307(b)(1); Stormwater Management Rule, CVR 12-030-018A §18-307(b)(1).

The Secretary of ANR must provide at least a thirty (30) day public comment period from the time the notice is published. Any interested party may submit written comments and/or request a public meeting regarding the Draft General Permit to the WMD during the thirty (30) day public comment period. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-307(b)(2)-(3); Stormwater Management Rule, CVR 12-030-018A §18-307(b)(2)-(3).

14-VT-g.15 to 14-VT-g.17 — Publish Notice of Public Meeting (if applicable)

The Secretary of ANR must publish notice of any informational meeting regarding an Individual or General Permit at least thirty (30) days prior to the meeting. The Secretary must provide notice to the clerks of the municipalities in the geographic area covered by the permit, and to a list of interested person, if any. In addition, the Secretary must publish notice on the DEC’s Environmental Notice Bulletin website. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §§22-307(b)(3)-(4), 309(d)(4)-(5); Stormwater Management Rule, CVR 12-030-018A §§18-307(b)(3)-(4), 309(d)(4)-(5).

The Secretary of ANR must hold a public informational meeting if there is a demonstrated interest in a meeting. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §§22-307(b)(3)-(4), 309(d)(4)-(5); Stormwater Management Rule, CVR 12-030-018A §§18-307(b)(3)-(4), 309(d)(4)-(5).

At the meeting, any interested party may ask questions and comment on the Draft General Permit or an Individual Permit application, whichever is applicable.

14-VT-g.18 to 14-VT-g.19 — Does WMD Approve the Permit?

If the Secretary of ANR determines an application is complete and that the discharge meets the terms and conditions of a General Permit or Individual Permit, the Secretary must issue an authorization to discharge. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-308(f)(1); Stormwater Management Rule, CVR 12-030-018A §18-308(f)(1).

The Secretary of ANR must notify the developer in writing about a denial of authorization stating the reasons for the denial. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §§22-308(f)(2), 309(g); Stormwater Management Rule, CVR 12-030-018A §§18-308(f)(2), 309(g). In addition, if the application is denied for lack of technical or other information, the Secretary of ANR must provide the developer with appropriate information to help the developer correct the deficiencies and re-apply for an authorization to discharge. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §§22-308(f)(3), 309(g); Stormwater Management Rule, CVR 12-030-018A §§18-308(f)(3), 309(g).

14-VT-g.20 — Stormwater Discharge Permit Authorization

A General Permit is valid for a period of five years, unless the Secretary of ANR specifies a period of time other than five (5) years where such time is consistent with the provisions of Stormwater Management, 10 V.S.A. § 1264. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-307(d); Stormwater Management Rule, CVR 12-030-018A §18-307(d).

An Individual Permit is valid for the period of time specified by the Secretary of ANR, not to exceed five (5) years. Stormwater Management, 10 V.S.A. § 1264(a); Dishcarge Permit, 10 V.S.A. § 1063(d)(4).

14-VT-g.21 — Record Permit Authorization in Local Land Records (if applicable)

The developer must record a General Stormwater Discharge Permit authorization or Individual Stormwater Discharge Permit in the local land records of the town(s) in which all affected lands are located within fourteen (14) days of the permit authorization or issuance. The developer then must submit a copy of the correspondence with the town(s) certifying that the required recording has been made within fourteen (14) days of the permittee’s (developer) receipt of a copy of the recording from the local land records. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-312(a); Stormwater Management Rule, CVR 12-030-018A §18-312(a).

An Individual Stormwater Discharge Permit or authorization to discharge under a General Stormwater Discharge Permit will not be effective until the notice of the permit or authorization is filed in the local land records. Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-312(b); Stormwater Management Rule, CVR 12-030-018A §18-312(b).

14-VT-g.22 — Appeal Decision (if applicable)

The developer and any interested person may appeal a permit authorization decision within thirty (30) days of the determination by WMD to the Vermont Environmental Court. Appeals to the Environmental Division, 10 V.S.A. § 8504(a); Stormwater Management Rule for Stormwater-Impaired Waters, CVR 12-030-19 §22-314; Stormwater Management Rule, CVR 12-030-018A §18-314.




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Edit Vermont Watershed Management Division
Environmental Analyst- Construction and Operational Stormwater
802-490-6166
jennaabbazabbacalvi@vermontabbazabbagov
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