Executive order no. 6-25 Proposes Changes to Vermont Wetland Rules.
Modification areas highlighted in blue. Vermont Significant Wetland Inventory (VSWI) in solid green. Pending VSWI in hashmark green. Also, view the State Interactive Map link.
Wetlands Rulemaking
The Department of Environmental Conservation (DEC) has started the formal rulemaking process to amend the Vermont Wetland Rules to conform with Executive Order 06-25 “Promoting Housing Construction and Rehabilitation”. The current Vermont Wetland Rules are still in effect for residential housing projects until the revised Rule is adopted.
Provide comments by January 14th, 2026. Send comments to WetlandsRulemakingComment@vermont.gov
Impacts of building in wetlands (as the proposal intends to allow):
Ecologically: Increased flooding from fill, loss of flood storage capacity, loss of wildlife habitat, increased erosion, decreased water quality from stormwater and sediment.
The Wetland Rule Changes Review is primarily focused on Statutory intent.
The most effective comments include:
- Impacts and science.
- Issues in implementing the rules.
- State what the changes mean in the area of the person writing the comment.
Please send your comments in writing to WetlandsRulemakingComment@vermont.gov by January 14th.
History of the current Vermont Wetland Regulations.
The statutory intent of Vermont's current wetland regulations is to protect significant wetlands and their functions (like flood control, water quality, biodiversity), aiming for no net loss and even a net gain in wetland acreage, guided by science and climate resilience, by classifying them (Class I, II, III) and requiring permits for activities in significant ones and their buffers, with recent updates focusing on better mapping and streamlining for certain housing projects while enhancing flood protection.
Key Goals & Principles:
- Protect & Preserve: Identify, protect, and restore wetlands and their critical values (flood control, water quality, wildlife habitat).
- No Net Loss/Net Gain: Achieve no net loss of wetland functions, with a goal for a net gain in acreage.
- Science-Based: Decisions and management are guided by scientific understanding, especially considering climate change impacts.
Classification System: Wetlands are categorized (Class I, II, III) based on their significance, with Class I and II receiving stricter protection.
Buffer Zones: Protection extends to buffers surrounding wetlands to maintain their integrity.
- Recent Focus (2023 Amendments & Climate Action):
- Improved Mapping: Enhance the Vermont Significant Wetlands Inventory (VSWI) for better identification and protection.
- Climate Resilience: Recognize wetlands as sponges for floods and filters for pollutants, crucial for climate adaptation.
- Strategic Adjustments: Recent rules (like 2023) clarify authority and streamline permitting for some development in growth areas (e.g., unmapped Class II wetlands, buffer reduction for housing), balancing protection with development needs.
- In essence, Vermont wants to manage its wetlands as vital natural infrastructure for flood resilience, clean water, and biodiversity, using updated science and mapping to balance protection with development goals, particularly in light of a changing climate, notes the Vermont Natural Resources Council and the Vermont Department of Environmental Conservation (.gov).
Title 10: Conservation and Development
Chapter 37: Wetlands Protection and Water Resources Management https://legislature.vermont.gov/statutes/fullchapter/10/037
Vermont wetland rule amendments 2023 (VT Wetland Rules came out in c.1982 - Vermont wetland rule amendments 2023).
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