Flood Hazard Area and River Corridor Protection Procedure

The Vermont Flood Hazard Area & River Corridor Protection Procedure is available on the Rivers Program page of the Vermont Watershed Management Division website and from the Resources page at Flood Ready Vermont.

(a) The purpose of this Procedure is to provide how the Department of Environmental Conservation (DEC or Department):

(1) defines and maps flood hazard areas and river corridors for the purposes of Act 250 (10 V.S.A. § 6001 et seq.), Section 248 (30 V.S.A. §§ 248 and 248a), administering the state Flood Hazard Area and River Corridor Rule (adopted October 24, 2014), and the regulation of berming (10 V.S.A. § 1021);
(2) shall involve municipalities, the Regional Planning Commissions, Act 250 District Commissions, affected parties, and the general public in the amendment and revision of flood hazard area maps under the National Flood Insurance Program (NFIP) and the update and administrative revision of river corridor maps through the DEC River Corridor Mapping Program.
(3) determines what constitutes an “Act 250 floodway” as applied in the review of Act 250 and Section 248 applications under Criterion 1(D);
(4) makes recommendations to Act 250 District Commissions, the Natural Resources Board, the Public Service Board, municipalities, and other jurisdictions on the regulatory measures necessary to avoid the endangerment of the health, safety, and welfare of the public and of riparian owners during flooding;
(5) makes recommendations to other programs, departments, and agencies of state government regarding activities proposed in flood hazard areas and river corridors; and
(6) has established floodplain and river corridor best management practices, including the provision of model flood hazard area and river corridor protection bylaws and ordinances for adoption by municipalities and regional planning commissions.

(b) This Procedure replaces and supersedes the 2003 Procedure on ANR Floodway Determinations in Act 250 Proceedings and the 2009 ANR Technical Guidance for Determining Floodway Limits Pursuant to Act 250 Criterion 1(D).

(c) This Procedure may be amended by the Agency of Natural Resources (ANR or Agency) on its own motion or based upon input received from members of the public, municipalities and other governmental entities, and other affected persons.