§ 518 - Minor alterations to existing facilities - Vermont Statutes

§ 518. Minor alterations to existing facilities

(a) For purposes of this section, the term "minor alterations to existing facilities" means:

(1) Activities which qualify as "categorical exclusions" under 23 C.F.R. § 771.117(c) and the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321-4347, and do not require a permit under 10 V.S.A. chapter 151 (Act 250); or

(2) Activities involving emergency repairs to or emergency replacement of an existing bridge or culvert, even though the need for repairs or replacement does not arise from damage caused by a natural disaster or catastrophic failure from an external cause; provided, however, that the activities do not require a permit under 10 V.S.A. chapter 151 (Act 250). Any temporary rights under this subdivision shall be limited to 10 years from the date of taking.

(b) In cases involving minor alterations to existing facilities, the agency, following the procedures of section 923 of this title, may exercise the powers of a selectboard. If an appeal is taken under subdivision 923(5) of this title, the person taking the appeal shall follow the procedure specified in section 513 of this title. (Added 1997, No. 150 (Adj. Sess.), § 10; amended 2005, No. 80, § 49.)