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Vermont Statewide Rule

Vermont Stormwater Permitting and Three-Acre Rule

Heavy RestrictionsApplies statewide across Vermont (2026)

Key Facts

Statute
10 V.S.A. Section 1264
Construction trigger
1+ acre disturbance
Three-acre rule
Existing impervious surface
Regulator
Agency of Natural Resources
MS4 program
Municipal stormwater permits
Last verified: September 5, 2026Source: Vermont General Assembly

Summary

Vermont's Agency of Natural Resources administers a uniform statewide stormwater permit program covering construction, operational, and three-acre impervious surface sites, with rules that apply regardless of local ordinances under 10 V.S.A. Section 1264.

(7) In accordance with the schedule established under subdivision (g)(3) of this section, a person shall not discharge stormwater from impervious surface of three or more acres in size without first obtaining an individual permit or coverage under a general permit issued under this section if the discharge was never previously permitted or was permitted under an individual permit or general permit that did not incorporate the requirements of the 2002 Stormwater Management Manual or any subsequently adopted Stormwater Management Manual. The Secretary shall provide notice to all owners of property subject to the permit required under this subdivision.

Source: Vermont General AssemblyView official code

Full Breakdown

Under 10 V.S.A. Section 1264 and the Vermont Stormwater Management Rule, properties with one or more acres of disturbed earth during construction or three or more acres of existing impervious surface in designated stormwater-impaired watersheds must obtain a state stormwater permit. The Agency of Natural Resources reviews plans, requires treatment practices, and enforces water quality standards adopted statewide. Municipalities may adopt complementary ordinances and operate municipal separate storm sewer systems under MS4 permits, but state authority preempts inconsistent local rules and applies the same technical standards uniformly across Vermont.

Violations & Penalties

Discharging without a permit or violating permit conditions may result in administrative penalties up to $42,500 per violation under 10 V.S.A. Section 8221 and required corrective restoration.

Frequently Asked Questions

When do I need a Vermont state stormwater permit?
Generally when disturbing one or more acres during construction, operating three or more acres of existing impervious surface in impaired watersheds, or discharging stormwater that affects state waters.
Do local stormwater rules replace state requirements?
No. Local ordinances and MS4 programs operate alongside state permits. Property owners must satisfy both state and municipal requirements, with state water quality standards setting the floor.

Sources

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