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In 2012, the Vermont Legislature passed Act 138 requiring the Agency of Natural Resources (ANR) to adopt a procedure to:
Acts 138 and Act 107 also required the State to adopt a Flood Hazard Area and River Corridor Rule with the authority to set standards in exceedance of the minimum regulatory standards required by the National Flood Insurance Program administered by FEMA. The Administrative Rule will apply to activities exempt from municipal regulation, i.e., state building and transportation projects, public utilities, and agricultural and silvicultural activities. The proposed Rule would establish a “no adverse impact” (NAI) standard, which essentially limits proposed state facilities or utilities from making any change in the height or velocity of floodwater that would increase inundation or erosion hazards.
The draft Flood Hazard Area and River Corridor Protection Procedure explains how the Department of Environmental Conservation (DEC) will utilize the same “no adverse impact” standard in providing technical assistance and regulatory recommendations to municipalities, Act 250, and other regulatory agencies. While NAI is the standard ANR has applied since 2004 in making Act 250 recommendations and under Criterion 1D for the NFIP floodway and the ANR river corridor1, it is a higher standard to be met in the flood hazard area outside of the NFIP floodway recommending measures of compensatory storage when necessary. The procedures also explain how:
The River Corridor and Floodplain Protection Program accepted public comments until November 3.