Montpelier, Vt. – The Agency of Natural Resources Department of Environmental Conservation (DEC) announced on June 26, 2023 that Reggie C. Cyr and Mountain View Storage LLC, owners of three properties in Londonderry, were fined $19,365.72 for construction that was not authorized under their Act 250 Land Use Permit and for disturbing Class II wetlands and their buffers, and two stream buffers, without authorization.
Vermont’s wetlands provide many valuable services to the public and environment including flood water storage, water quality protection, habitat for fish, wildlife, and plant species, and recreation. Development activities conducted in or near wetlands have the potential to harm these important services and habitats. Vermont law requires a wetland permit for any activity which is not exempt or considered an “allowed use” within significant wetlands or their buffer areas. DEC reviews activities, such as clearing and filling, conducted in or near wetlands and permits those activities that will not cause undue harm to the wetland.
Act 250 is Vermont’s land use and development law and is administered by the Natural Resources Board (NRB). Act 250 provides a public, quasi-judicial process in the State for reviewing the environmental, social, and fiscal consequences not only of major subdivisions, but also other development and associated land clearing. The law has helped Vermont retain its environmental integrity and unsurpassed scenic qualities while undergoing substantial growth and changes across the landscape of the last 5 decades. It plays a critical role in maintaining the quality of life that Vermonters enjoy. Properties with an Act 250 Permit must comply with all permit conditions or request that their permit be amended prior to conducting any unpermitted activities.
Reggie C. Cyr and Mountain View Storage LLC own three contiguous properties in Londonderry that contain wetlands. The properties are subject to an Act 250 Permit and a Conditional Use Determination from the DEC that authorize specific activities and structures in and around the wetlands and stream buffers. In December 2020, the Agency and NRB determined that earthwork and development activities had occurred within the wetlands and their buffers, none of which was authorized by the Conditional Use Determination. They also observed buildings and structures on the properties and encroachments into the stream buffers that were not approved under the Act 250 Permit.
“During the development phase of a project, we provide education and consultation to landowners and developers to help them avoid and minimize impacts to wetlands,” says John Beling, DEC Commissioner. “However, when development projects do not get the required permits or exceed permitted wetland impact, we use a suite of tools to gain compliance, up to and including formal enforcement.”
“Working with landowners to ensure that they come into compliance following a significant Act 250 violation is key to protecting Vermont’s natural resources and safeguarding the integrity of our land use permitting law,” says Alison Stone, NRB General Counsel.
Despite early efforts to develop and implement a remediation plan and a potential permit amendment, the landowners did not bring the properties into compliance, and the Agency initiated an enforcement action for the violations. As a result of that action, the landowners agreed to a fine of $19,365.72 for the violations. The landowners also agreed to restore the wetlands and remediate the impact of unauthorized activities, including the stream buffers, as well as apply for a permit amendment to their Act 250 Permit for all currently unpermitted activities on the project tract. This agreement was incorporated into a Final Judicial Order of the Vermont Superior Court, Environmental Division on June 16, 2023.
For more information about DEC’s Watershed Management Division, including educational resources about wetland functions and values and wetland resources for landowners, visit dec.vermont.gov/watershed/wetlands. For more information about Act 250, visit https://nrb.vermont.gov/act250-program.
Original source can be found here.
