§ 1424a. Outstanding resource waters

(a) The Secretary, on his or her own motion, may hold a public hearing on the question of whether particular waters should be designated as outstanding resource waters, or whether an existing designation should be amended or repealed. On receipt of a signed written request, the Secretary shall consider the adoption, amendment, or repeal of rules regarding outstanding resource water designation and shall take appropriate action as required under 3 V.S.A. § 806. Any hearing shall be held convenient to the waters in question, or in a county where the waters are located.

(b) Any hearing shall be conducted as part of the rulemaking process established under 3 V.S.A. chapter 25.

(c) [Repealed.]

(d) In making its rulemaking decision, the Secretary may consider, but shall not be limited to considering, the following:

(1) existing water quality and current water quality classification;

(2) the presence of aquifer protection areas;

(3) the waters' value in providing temporary water storage for flood water and storm runoff;

(4) the waters' value as fish habitat;

(5) the waters' value in providing or maintaining habitat for threatened or endangered plants or animals;

(6) the waters' value in providing habitat for wildlife, including stopover habitat for migratory birds;

(7) the presence of gorges, rapids, waterfalls, or other significant geologic features;

(8) the presence of scenic areas and sites;

(9) the presence of rare and irreplaceable natural areas;

(10) the presence of known archeological sites;

(11) the presence of historic resources, including those designated as historic districts or structures;

(12) existing usage and accessibility of the waters for recreational, educational, and research purposes and for other public uses;

(13) studies, inventories and plans prepared by local, regional, statewide, national, or international groups or agencies, that indicate the waters in question merit protection as outstanding resource waters;

(14) existing alterations, diversions or impoundments by permit holders under State or federal law.

(e) After consideration of all relevant information, the Secretary shall adopt rules designating the waters as outstanding resource waters if it finds that they have exceptional natural, recreational, cultural, or scenic values. Designation as outstanding resource waters shall not invalidate the terms of existing permits issued by the State or federal government. (Added 1987, No. 67, § 3; amended 1987, No. 74, § 18; 2003, No. 115 (Adj. Sess.), § 38, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.)