Permits — Vermont Code § 1973

§ 1973. Permits

• (a) Except as provided in this section and sections 1974 and 1978 of this title, a person shall obtain a permit from the Secretary before: (1) subdividing land; (2) creating or modifying a campground in a manner that affects a potable water supply
  or wastewater system or the requirements for providing potable water and wastewater
  disposal; (3) constructing, replacing, or modifying a potable water supply or wastewater system; (4) using or operating a failed supply or failed system; (5) constructing a new building or structure; (6) modifying an existing building or structure in a manner that increases the design
  flow or modifies other operational requirements of a potable water supply or wastewater
  system; (7) making a new or modified connection to a new or existing potable water supply or wastewater
  system; or (8) changing the use of a building or structure in a manner that increases the design
  flows or modifies other operational requirements of a potable water supply or wastewater
  system. (b) Application for a permit shall be made on a form prescribed by the Secretary. The
  application shall be supported by such documents and information that the Secretary,
  by rule, deems necessary for proper application review and the issuance of a permit. (c) When a person replaces a potable water supply or wastewater system that has been permitted,
  or was exempt from permitting requirements, the Secretary shall grant a variance from
  the technical standards if the supply or system cannot be replaced so that it is in
  full compliance with the rules adopted under section 1978 of this title, provided that the variance requested is the minimum necessary considering the cost
  of the replacement supply or system in addition to the potential impacts on human
  health and the environment. No variance shall be granted under this subsection if
  the supply or system would continue to meet the definition of a failed supply or failed
  system, or if the replacement supply or system allows for increases in design flows. (d) No permit shall be issued by the Secretary unless the Secretary receives a statement
  from a licensed designer certifying that, in the exercise of his or her reasonable
  professional judgment, the design-related information submitted with the permit application
  is true and correct and the design included in an application for a permit complies
  with the rules. (e) No permit issued by the Secretary shall be valid for a substantially completed potable
  water supply and wastewater system until the Secretary receives a statement from an
  installer or a licensed designer certifying that, in the exercise of his or her reasonable
  professional judgment, the installation-related information submitted is true and
  correct and the potable water supply and wastewater system: (1) were installed in accordance with: (A) the permitted design and all permit conditions; or (B) record drawings and such record drawings are in compliance with the applicable rules,
  were filed with the Secretary, and are in accordance with all other permit conditions; (2) were inspected; (3) were properly tested; and (4) have successfully met those performance tests. (f)(1) The Secretary shall give deference to a certification by a licensed designer with
  respect to the engineering design or judgment exercised by the designer in order to
  minimize Agency review of certified designs. Nothing in this section shall limit the
  responsibility of the licensed designer to comply with all standards and rules, or
  the authority of the Secretary to review and comment on design aspects of an application
  or to enforce Agency rules with respect to the design or the design certification. (2) The Secretary shall issue a permit for a new or modified connection to a water main
  and a sewer main or indirect discharge system from a building or structure in a designated
  downtown development district upon submission of an application under subsection (b)
  of this section that consists solely of the certification of a licensed designer,
  in accordance with subsection (d) of this section, and a letter from the owner of
  the water main and sewer main or indirect discharge system allocating the capacity
  needed to accommodate the new or modified connection. However, this subdivision (2)
  shall not apply if the Secretary finds one of the following: (A) The Secretary has prohibited the system that submitted the allocation letter from
  issuing new allocation letters due to a lack of capacity. (B) As a result of an audit of the application performed on a random basis or in response
  to a complaint, the system is not designed in accordance with the rules adopted under
  this chapter. (g) If there is a dispute between the Secretary and a professional engineer concerning
  the design prepared by a professional engineer or the judgment exercised by a professional
  engineer, the professional engineer may request that the disputed issues be reviewed
  by a licensed professional engineer employed or retained by the Secretary. The Secretary
  shall grant all such requests for review. (h) All permits required under this section, all design and installation certifications
  required under this section, and all documents required by the rules adopted under
  this chapter to be filed in the town records shall be properly indexed and recorded
  in the land records pursuant to 24 V.S.A. §§ 1154 and 1161. (i) Notwithstanding section 1-407 of the State Wastewater System and Potable Water Supply
  Rules, effective August 16, 2002, a lot that contained two single family residences,
  as of January 1, 1999, but did not have the State permit required at that time is
  eligible for a permit for the subdivision of improved lots under subdivision 1-407(a)(2)
  of those rules, provided that the subdivision of the lot would only create a boundary
  between the two single family residences and thereby place each residence on its own
  lot. (j)(1) When an applicant for a permit under this section proposes a water supply or wastewater
  system with isolation distances that extend onto property other than the property
  for which the permit is sought, the permit applicant shall send by certified mail,
  on a form provided by the Secretary, a notice of an intent to file a permit application,
  including the site plan that accurately depicts all isolation distances, to any landowner
  affected by the proposed isolation distances at least seven calendar days prior to
  the date that the permit application is submitted to the Secretary. (2) If, during the course of the Secretary’s review of an application for a permit under
  this section, the location of a water supply or wastewater system permit is revised
  and the isolation distances of the revised system extend onto property other than
  the property for which the permit is sought, the permit applicant shall send by certified
  mail a copy of any revised plan to any landowner affected by the isolation distances. (3) If, after a permit has been issued under this section, a water supply or wastewater
  system is not installed according to the permitted plan and the record drawings submitted
  under subsection (e) of this section indicate that the isolation distances of the
  system as constructed extend onto property other than the property on which the system
  is located, the permittee shall send by certified mail a notification form provided
  by the Secretary with a copy of the record drawings showing all isolation distances
  to any landowner affected by the isolation distances. (4) A permit applicant or permittee subject to the requirements of subdivisions (1) through
  (3) of this subsection shall certify to the Secretary that the notices and information
  required by this subsection have been sent to affected landowners and shall include
  in the certification the name and address of all affected landowners. If the Secretary
  approves a permit application under this section, the permit shall not be issued to
  a permit applicant subject to the requirements of subdivision (2) of this subsection
  until seven calendar days after the permit applicant certifies to the Secretary that
  the notice required under this subsection has been sent to affected landowners. (Added 2001, No. 133 (Adj. Sess.), § 1, eff. June 13, 2002; amended 2003, No. 13, § 2, eff. May 6, 2003; 2003, No. 121 (Adj. Sess.), § 71, eff. June 8, 2004; 2007, No. 32, § 3, eff. May 18, 2007; 2009, No. 145 (Adj. Sess.), § 1, eff. June 1, 2010; 2011, No. 117 (Adj. Sess.), § 5, eff. Sept. 1, 2012; 2013, No. 147 (Adj. Sess.), § 12, eff. June 1, 2014.)