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It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. § 1264a(e)(1) is amended to read:

(e)(1)  The secretary of natural resources may issue a permit for an offset project under this section.  Application shall be made on a form prescribed by the secretary of natural resources.  An applicant shall pay an application fee in accordance with section 2282 of Title 3.  The secretary may issue such permits for the following activities or projects:

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(C)(i)  Conversion of land use to reduce sediment load or hydrologic impact, especially in riparian areas, provided that conversion of primary and secondary agricultural soils as those terms are defined in section 6001 of this title shall be limited to establishing by easement a forested riparian buffer zone that meets the requirements of the department of environmental conservation’s guidance for nonimpervious surface treatment offset projects within impaired watersheds;

(ii)  Prior to approval of an offset project to be implemented on agricultural soils under this subdivision, the applicant for a stormwater discharge permit shall conduct an analysis of the viability of implementing a nonagricultural offset within the watershed of the proposed stormwater discharge.  To facilitate such an analysis, the secretary of natural resources will identify any potential nonagricultural offsets in the watershed of the proposed discharge and shall provide this information to the applicant;

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont