Natural Resources Board
The Enforcement Program
The goal of the Enforcement Program of the Natural Resources Board (NRB) is to address Act 250 violations across Vermont under the Uniform Environmental Law Enforcement Act, 10 V.S.A. Chapter 201, in a comprehensive, fair, and evenhanded manner in order to protect the environment, public health, and the integrity of the Act 250 program. Act 250 enforcement is also intended to prevent any unfair economic advantage gained through violations, and deter repeated violations of Act 250. In furtherance of these goals, the NRB promotes compliance with Act 250 both by enforcing the specific conditions in Land Use Permits issued by the District Commissions and by requiring that projects which are subject to the Act’s jurisdiction obtain Act 250 permits.
The Enforcement Program is directed by the Chair of the NRB and is implemented through the NRB attorneys, the District Coordinators, and the NRB Permit Compliance Officer. Enforcement actions may conclude in a negotiated settlement or, if contested, an Order from the Superior Court, Environmental Division. These actions seek compliance with permit conditions, the filing of permit applications, remediation, and the imposition of civil penalties, as necessary.
To report a violation of Act 250, please contact the NRB Permit Compliance Officer or the District Coordinator for the specific district. You may also complete and submit a complaint using the Act 250 Complaint Form.
Some Act 250 violations also involve violations of Agency of Natural Resources (ANR) permits or regulations. The NRB coordinates closely with ANR on such cases. To view ANR’s Compliance and Enforcement page and complaint form click here.
Public Participation in Enforcement Proceedings
Public Notice and Opportunity to Comment on Proposed Actions
Pursuant to the public participation provisions of 10 V.S.A. § 8020, the NRB posts proposed administrative enforcement actions (Proposed Administrative Orders (AO), Assurances of Discontinuance (AOD), and Citations) on this website for a 30-day public comment period. During that period, any person may submit written comments to the NRB concerning the proposed enforcement action. All written comments will be posted on the Public Comments Page. The NRB reviews all comments which are timely submitted, and determines whether to withdraw the action, or file the action, including all written comments with the Superior Court, Environmental Division.
Enforcement Actions Filed in Court
The NRB posts all enforcement actions online when they are filed with the Court. Any aggrieved person who has filed a written comment with the NRB on the proposed enforcement action may ask the Court for permission to intervene to show that the action is insufficient to carry out the goals of the Uniform Environmental Law Enforcement Act, 10 V.S.A. Chapter 201. To do so, the aggrieved person must file a motion for permissive intervention with the Court within 14 days of the date that the NRB files the enforcement action at the Court.
Please contact the Court for the official filing date.
Vermont Superior Court
Additional information on environmental enforcement actions can be found in the Uniform Environmental Law Enforcement Act, 10 V.S.A. Chapter 201, §§ 8001-8021.
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