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Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

FLOOD HAZARD AREA AND RIVER CORRIDOR

PROTECTION PROCEDURE

SEPTEMBER 7, 2017

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

DEC Flood Hazard Area and River Corridor Protection Procedure

September 7, 2017

Table of Contents

1.0 PURPOSE…………………………………………………………………………..………….……..3

2.0 STATUTORY AUTHORITY………………………………………………………………………4

3.0 INTRODUCTION……………………………………………………………………………….…..5

4.0 DEFINING AND MAPPING FLOOD HAZARD AREAS AND RIVER CORRIDORS…...…6

5.0 ADOPTION, AMENDMENT, AND REVISION OF MAPS……………………………………14

6.0 ACT 250/SECTION 248 FLOODWAY DETERMINATIONS………………………………....19

7.0 DEC REGULATORY RECOMMENDATIONS………………………………………………...21

8.0 BEST MANAGEMENT PRACTICES………………………………………………….……...…25

9.0 DEFINITIONS……………………………………………………………………………………...30

10.0 REFERENCES…………………………………………………………………………………...35

Appendix A: Exception to the River Corridor No Adverse Impact Standard for

Improvements Between Existing Improvements………………………………..……38

Appendix B: Exception to the River Corridor No Adverse Impact Standard for

Improvements in the Down-River Shadow of an Existing Improvement………..…39

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

1.0 PURPOSE

(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 Commis-

sions, 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 adminis-

trative 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 nec-

essary to avoid the endangerment of the health, safety, and welfare of the public and of ripar-

ian 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 provi-

sion 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).

own motion or based upon input received from members of the public, municipalities and other

governmental entities, and other affected persons.

For Act 250 proceedings, the Secretary of Natural Resources determines what constitutes the floodway under

Criterion 1(D) in consideration of inundation and erosion hazards. The state definition differs from the NFIP def-

inition. See “Act 250 floodway” in the definitions section.

Regulatory recommendations made according to this Procedure shall be consistent with the state Flood Hazard

Area & River Corridor Rule adopted by the Agency of Natural Resources (ANR or Agency) to regulate activities

exempt from municipal regulation.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

2.0 STATUTORY AUTHORITY

Between 2010 and 2014, the Vermont General Assembly passed four separate Acts (110 (2010), 138

(2012), 16 (2013), and 107 (2014)) containing various sections directing the Agency to establish a River

Corridor and Floodplain Management Program and to promote and encourage the identification and

protection of flood hazard areas and river corridors to reduce flood and fluvial erosion hazards.

ANR has charged DEC with the responsibility to carry out this Procedure. DEC will work in coopera-

tion with municipalities, the Regional Planning Commissions, and other state agencies to map flood haz-

ard areas and river corridors to ensure compliance with NFIP and state law, and to meet the policy ob-

jectives of protecting the health, safety, and welfare of the general public from flood and fluvial erosion

hazards (10 V.S.A. §§ 753, 1023, 1427, and 1428).

Specifically, the Procedure shall be applied to the following areas of Department authority:

(1) Stream Alteration Rule and Flood Hazard Area & River Corridor Rule. The State must

regulate the construction of berms in flood hazard areas and river corridors (10 V.S.A. §

1021(a)). Additionally, the State must regulate “activities exempt from municipal regulation”

located within flood hazard areas or river corridors (10 V.S.A. § 754). To aid in meeting these

statutory requirements, this Procedure defines the mapping methods used by the Federal Emer-

gency Management Agency (FEMA) and DEC to delineate flood hazard areas and river corri-

dors. The Procedure also details the process used to publically notice, amend, update, and revise

such maps as required by 10 V.S.A. §§ 1422, 1427, and 1428.

(2) Act 250 Land Use and Section 248 Facilities. Criterion 1(D) of Act 250 provides that:

A permit will be granted whenever it is demonstrated by the applicant that, in addition to all

other applicable criteria: (i) the development or subdivision of lands within a floodway will not

restrict or divert the flow of flood waters, and endanger the health, safety and welfare of the pub-

lic or of riparian owners during flooding; and (ii) the development or subdivision of lands within

a floodway fringe will not significantly increase the peak discharge of the river or stream within

or downstream from the area of development and endanger the health, safety, or welfare of the

public or riparian owners during flooding. 10 V.S.A. § 6086(a)(1)(D).

Act 250 authorizes the Secretary of Natural Resources

to make case-by-case determinations on

what constitutes the Act 250 floodway and floodway fringe

(10 V.S.A. § 6001(6) and (7)). The

Vermont Supreme Court affirmed the Secretary’s authority to make floodway and floodway

fringe determinations, without adopting an administrative rule, based on the plain language of

the statute, which authorizes the Secretary to make such determinations (In re Woodford Pack-

ers, Inc., 2003 VT 60, ¶ 12-13, 175 Vt. 579, 830 A.2d 100).

Section 248 requires the Public Service Board to give “due consideration” to Criterion 1(D) of

The Secretary has delegated this authority to the Commissioner of the Department of Environmental Conser-

vation.

Act 250 floodway fringe areas, by statute, are determined in consideration of upstream impoundments and

flood control projects. Since watershed hydrology has not been modelled statewide to consider the hydrologic

factors, including impoundments, which may influence flood elevations, the regulatory flood fringe areas as

mapped by FEMA are used by DEC in lieu of a separately mapped Act 250 floodway fringe.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

Act 250 (30 V.S.A. §§ 248(b)(5) and 248a(c)(1)).

This Procedure shall be used by DEC to make Act 250 floodway determinations and to make

recommendations to the Natural Resources Board and Public Service Board concerning re-

strictions necessary to avoid the endangerment of the health, safety, and welfare of the public

and riparian owners during flooding.

(3) Municipal Land Use Regulation. The municipal and regional planning and development

statutes mandate that if a municipality has adopted flood or other hazard area bylaws, no permit

for new construction or substantial improvement

shall be granted for work in a flood or other

hazard area until the application is submitted to the Agency of Natural Resources or its designee

24 V.S.A. § 4424(a)(2)(D). This Procedure shall be used by DEC to provide advice on the

delineation of flood hazard areas and river corridors protected in municipal bylaws, make

recommendations to ensure development complies with the local bylaws, and promote the

protection of floodplains and river corridors (24 V.S.A. § 4424(a)(2)(D); 10 V.S.A §§ 751 and

1421).

(4) Additional Authorities for the Procedure. The Secretary shall develop and adopt best

management practices for upland, river, and riparian activities conducted in river corridors,

floodplains, and buffers (10 V.S.A. § 1427) as they relate to the management of flood and fluvial

erosion hazards. The Secretary must assist regional planning (24 V.S.A. § 4348a(a)(11)) and

municipal planning (24 V.S.A. § 4382(a)(12)) with the development of flood resiliency plans.

The Secretary must also create and make available to municipalities model flood hazard and

river corridor protection area bylaws and ordinances for potential adoption by municipalities

pursuant to 10 V.S.A. §§ 755, 1427, and 1428; 24 V.S.A. chapter 117; and 24 V.S.A. § 2291.

The best management practices section of this Procedure (Section 8) references model bylaw and

ordinance provisions that exceed the minimum requirements for compliance with the NFIP to

further minimize the risk of harm to life, property, and infrastructure from flooding as required

by 10 V.S.A. §§ 755 and 1428.

3.0 INTRODUCTION

The Vermont State Hazard Mitigation Plan (2013) identifies flooding as the most common natural haz-

ard event in Vermont and the damages from flooding are due to inundation and fluvial erosion. Flood-

ing, exacerbated by debris and ice jams, historic channelization practice, or the plugging and failure of

stream crossing structures can threaten public safety, stress emergency services, cause widespread dam-

age and property loss, bring about socio-economic disruption, and result in significant recovery costs for

property owners, municipalities, the State, and the federal government. Nationally, flooding accounts

for more losses in lives and damages to property and crops than any other natural disaster.

Inundation, or overbank flooding, occurs when a stream channel or waterbody receives a significant

amount of rain or snow melt from its watershed, or when the stream channel is blocked by a debris or

ice jam. The excess water spills out onto or inundates the floodplain. Fluvial (river-related) erosion oc-

curs when stream power, due to the increased velocities and height of floodwaters, act on the bed and

The repairs to a substantially damaged structure as defined in 24 V.S.A. § 4303(8)(F).

The Agency has 30 days following notification to provide technical comments on a proposed permit for new

construction or substantial improvement in a flood hazard area.

http://vem.vermont.gov/plans/SHMP

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

banks of a stream channel. The magnitude or rate of fluvial erosion is highly variable, ranging from a

gradual and continual process to an episodic or catastrophic event.

This Procedure establishes how DEC will make Act 250 and Section 248 Criterion 1(D) floodway deter-

minations in consideration of inundation and fluvial erosion hazards for the protection of the health,

safety, and welfare of the public. This Procedure is sufficiently detailed and includes references to tech-

nical documents throughout so that project designers may conduct inundation and erosion hazard anal-

yses and factor Act 250 floodways into project planning, proposals, and design. Reference is made

throughout to “DEC technical guidance,” which includes documents available on the Watershed Man-

agement Division web pages

that have been produced to further detail the map production and update

processes used to implement this Procedure and the state Flood Hazard Area & River Corridor Rule

governing development exempt from municipal regulation.

DEC reviews the NFIP maps and flood insurance studies in the evaluation of proposed projects for inun-

dation-related hazards. DEC’s evaluation of erosion hazards relies on the DEC river corridor maps and

river sensitivity data based on fluvial geomorphic (or physical) assessment protocols, which are con-

tained within the Phase I-III Vermont Stream Geomorphic Assessment (SGA) Handbooks (Handbooks,

VT DEC, 2009). The Handbooks are available from the DEC Watershed Management Division.

While NFIP and state river corridor maps are largely technical in nature, being based on hydraulic, hy-

drologic, and fluvial geomorphic processes, there is and must be recognition that these physical pro-

cesses engender change. Therefore, map amendment, revision, and update sections of the Procedure de-

scribe how new data and emerging information may be used to refine or modify maps as site specific

information becomes available. The Procedure outlines the FEMA map amendment and revision pro-

cesses and offers specific opportunities to participate in the update and administrative revision of DEC’s

river corridor maps with technical studies and municipal planning in conformance with a river corridor

performance standard.

This Procedure describes opportunities to incorporate NFIP and DEC hazard area mapping and regula-

tory policy in local flood hazard bylaws and ordinances. Pursuant to 24 V.S.A. § 4382(a)(12), commu-

nities with town plans must incorporate local flood resiliency elements into their town plans. This Pro-

cedure helps to promote local flood resilience planning by providing consistent best management prac-

tices and land use regulations across jurisdictions consistent with state and municipal hazard mitigation

goals.

Finally, in acknowledgement that floodplain and river corridor science and hazard mitigation policy

have evolved at a fast pace, a set of terms are defined in Section 9 of this Procedure.

4.0 DEFINING AND MAPPING FLOOD HAZARD AREAS AND RIVER CORRIDORS

(a) Background. Flood hazard areas and river corridors are defined and mapped to serve the vital

function of dissipating hydraulic energy and providing storage or attenuation of water, sediment,

and debris during flooding (consistent with the National Flood Insurance Act of 1968

). Incre-

http://dec.vermont.gov/watershed/rivers

Contact ANR at 802-828-1535 or visit http://dec.vermont.gov/watershed/rivers/river-corridor-and-flood-

plain-protection/geomorphic-assessment

42 U.S.C. § 4001 et seq.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

mental land use changes adjacent to stream channels can result in unintended deleterious conse-

quences such as increases in the magnitude and volume of the effective discharge and channel-

ization practices that heighten channel instability (Ward, 2002).

(1) Flood Hazard Areas. Flood hazard areas are those areas of the floodplain that may be inun-

dated by a range of flood frequencies up to and including the one percent annual chance

flood (i.e. base flood). Flood hazard areas as referred to in this Procedure are shown on the

most current, FEMA-published Flood Insurance Rate Maps (FIRM)

on which the NFIP is

based. Where FEMA has conducted detailed engineering studies, the flood hazard area is

subdivided into two distinct zones, the FEMA-designated floodway and flood fringe.

FEMA has published extensive information regarding the mapping of flood hazard areas.

The FEMA Map Service Center

is the primary online repository of flood hazard area data

and provides educational information and technical assistance.

Flood insurance studies and flood hazard area maps are on file in the municipal offices of

communities participating in the NFIP. In addition, DEC maintains digital copies of the

maps and studies and publishes the maps on the ANR Natural Resources Atlas (for those ar-

eas where FEMA has produced digital flood hazard area map layers).

Flood insurance study technical information detailing the engineering, scientific, and map-

ping specifications is available from the Regional Planning Commissions and on FEMA’s

webpage entitled Guidelines and Standards for Flood Risk Analysis and Mapping.

(2) River Corridors. River corridors encompass an area around and adjacent to the present

channel where fluvial erosion, channel evolution and down-valley meander migration are

most likely to occur. River corridor widths are calculated to represent the narrowest band of

valley bottom and riparian land necessary to accommodate the least erosive channel and

floodplain geometry (i.e. equilibrium conditions) that would be created and maintained natu-

rally within a given valley setting. This Procedure also outlines a process for recognizing

certain rivers as highly managed or constrained by human structures and describes how a

river corridor may be delineated to reflect the existence of modified streams, which are hu-

man constrained but exhibit vertical stability.

Concerns about channel stability and erosion hazards require a geomorphic (or physical)

evaluation to characterize a stream’s type, size, existing condition, and sensitivity to erosion

hazards. A geomorphic evaluation recognizes the dynamic nature of streams

. Streams are

constantly adjusting their form and configuration due to the influence of and variation in ge-

ology, climate, drainage area; the direction and gradient of flow in relation to a given valley

slope; turbulence associated with curved flow; roughness of the bed and banks; erosion,

How to Read a FIRM Tutorial: http://www.fema.gov/media-library/assets/documents/7984

FEMA Map Service Center: https://msc.fema.gov/ , 877-336-2627

http://www.fema.gov/guidelines-and-standards-flood-risk-analysis-and-mapping

Commonly, the term “stream” refers to a smaller flowage, and the term “river” refers to a relatively larger

flowage. There is no recognized size breakpoint in Vermont as to when a stream becomes a river. Vermont has

chosen to use the term “river corridor” as a label for the corridors delineated around both streams and rivers.

Throughout this Procedure the term “stream” is often used in describing the physical features and fluvial pro-

cesses associated with river corridor management.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

transport, and deposition of sediment; the influx of debris; and the degree of floodplain ac-

cess (Leopold, 1994, Thorne et al., 1997).

A river is considered stable, or in a state of “dynamic equilibrium,” if it can adjust its channel

geometry (width, depth, and slope) to efficiently discharge, transport, and store water, sedi-

ment, and debris without significant aggradation or degradation (i.e., vertical instability) of

its bed (Leopold, 1994, Rosgen, 1996). A river requires a sufficient corridor to accommodate

equilibrium conditions and the channel adjustments that occur when channel geometry is

changing vertically and laterally to achieve equilibrium (Brierley and Fryirs, 2005). Failure

to provide a sufficient corridor will constrain the river from achieving the equilibrium condi-

tion. Thus, managing a river corridor to accommodate equilibrium and associated channel

adjustment processes will serve to reduce damages to existing structures and property, avoid

new damages, protect public safety, achieve the general health of the river system, and avoid

the high cost to install and maintain channelization practices (Piegay, 2005). Precluding the

use of channelization practices, in turn, will avoid the unintended consequences of transfer-

ring bank erosion and other damaging effects from concentrated flow and vertical channel

adjustments to other locations along the river (Brookes, 1988; Huggett, 2003; Brierley and

Fryirs, 2005).

Minimizing vertical channel instability is particularly crucial to maintaining or restoring

equilibrium stream conditions and minimizing erosion during floods. Vertical channel insta-

bility may be initiated by an increase in scour of the stream bed and banks and subsequent

sediment transport due to: (A) increasing runoff volume; (B) confining and/or shortening the

stream channel thereby increasing its slope; or (C) restricting stream access to the floodplain.

Therefore, consistent with the Performance Standards established in the State Stream Altera-

tion Rule

, this Procedure seeks to provide an adequate floodplain area to accommodate

channel adjustment processes necessary to achieve and maintain vertical stability in the lon-

gitudinal profile over time. The meander belt represents, on average, the minimum amount

of floodplain necessary to accomplish vertical stability (Ward et al., 2002, Ward, 2007). The

river corridor includes space for both the meander belt and a riparian buffer.

Over 2,200 miles of Vermont streams have undergone detailed, field-based study through

completed stream geomorphic assessments (SGA). Based on an analysis of this data, the

Agency has divided the vast network of Vermont’s perennial rivers and streams

into those

streams which warrant geomorphic-based river corridor delineations, and those streams

which, because of their low sensitivity, small watershed size, steeper valley slope, and/or val-

ley confinement, may attain their least erosive form within an area delineated as a simple set-

back from the top of each streambank.

(3) Meander Belt Component of the River Corridor. The rationale for defining and managing

river corridors is the strong association between stable, sustainable fluvial processes and min-

imal conflicts with human investments with an unconstrained river corridor which provides a

meander belt width dimension (Thorne et al., 1997, Thorne, 1998). For streams in uncon-

fined alluvial valley settings, the average meander belt width is approximately six channel

The Equilibrium and Connectivity Performance Standards are found in §27-402 of the State Stream Alteration

Rule and further described in the Standard River Management Principles and Practices. Both documents are

available at http://dec.vermont.gov/watershed/rivers/river-management.

Based on the Vermont Hydrography Dataset (1:5000).

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

widths wide (Williams, 1986; Vermont SGA data

). The meander belt extends laterally

across the river valley from outside meander bend to outside meander bend, thereby encom-

passing the natural plan form variability of the stream channel (Figure 1), which maintains

the equilibrium slope and minimizes vertical channel instability over time along the extent of

the stream reach (Riley, 1998). Ideally, the meander belt can be achieved by three channel

widths either side of a meander centerline.

The meander centerline consists of a

line drawn connecting the cross-over

points between the meander bend-

ways, or in a straight channel, points

along the center of the channel

spaced every seven to ten channel

widths. Where feasible, the channel

width used in calculating the meander

belt width should be that associated

with equilibrium conditions (i.e., the

reference channel) for the reach in

question. The reference channel con-

dition, however, may differ from the existing channel condition.

If a significant departure

from equilibrium is known or is indeterminate, the reference channel width, as calculated us-

ing the Vermont Hydraulic Geometry Curves

, is used. Otherwise, DEC uses the existing

channel width. Channel width is equal to the bankfull width as referred to in the Phase I-III

Vermont Stream Geomorphic Assessment Handbooks.

Valley topography or other constraints (e.g., bedrock and exposed ledge) may prohibit chan-

nel plan form adjustment, such that the full six channel widths can only be achieved by

providing more width on one side of the stream than the other.

Also, note that many of

Vermont’s streams have been straightened, channelized, or have become incised (deepened),

losing access to their historic floodplains. The lateral extent of present-day meanders in this

case may be narrower than they would be under equilibrium conditions. These streams are

undergoing channel evolution or the processes of erosion and deposition to adjust and re-es-

tablish a stable channel slope.

Any river corridor which considers erosion hazards should

accommodate both existing meanders and the meander belt width associated with equilib-

rium in order to support these fluvial processes (Ward, 2007).

(4) Riparian Buffer Component of the River Corridor. River corridors, for streams and riv-

ers with drainages greater than 2 square miles, are defined and mapped with an additional 50-

foot setback on either side of the meander belt to allow space for the establishment and

See Vermont data in the DEC technical guidance.

Refer to the Stream Geomorphic Assessment, Program Introduction, pg. 7 for a more detailed discussion of

reference and existing stream types; see footnote 5 above for a link to the ANR website.

See Hydraulic Geometry Curves at: http://dec.vermont.gov/sites/dec/files/wsm/rivers/docs/assessment-proto-

col-appendices/J-Appendix-J-06-Hydraulic-Geometry-Curves.pdf.

For more discussion of the delineation of the meander centerline and the belt width, refer to Appendix E of the

Phase I-III Vermont Stream Geomorphic Assessment Handbooks and other DEC technical guidance.

Refer to the State Rivers Program’s website to examine fluvial geomorphic data stored on the Data Manage-

ment System or via Map Viewer: http://dec.vermont.gov/watershed/rivers/river-corridor-and-floodplain-protec-

tion/river-corridors.

Figure 1. Depiction of Meander Centerline and Belt Width

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

maintenance of a vegetated buffer when the equilibrium slope and planform are achieved.

The literature makes reference to appropriate buffer widths necessary to serve the different

riparian functions important to society. The buffer component in this Procedure is estab-

lished for the functions of bank stability and slowing flood water velocities in the near-bank

region

. The Vermont General Assembly specifically called for the inclusion of buffers

within the river corridor (10 V.S.A. § 1422(12)). Vegetated buffers are a least cost, self-

maintaining practice to provide natural boundary conditions and stream bank resistance

against erosion and moderate lateral channel migration. Providing space for these functions

is consistent with the goal of achieving and maintaining least-erosive, equilibrium conditions,

thereby minimizing the risk of harm to life, property, and infrastructure from flooding.

(b) Procedure for Delineating the Meander Belt and Buffer Components of the River Corri-

dor. The following steps describe how the meander belt width and other valley characteristics

shall be used to ascertain the meander belt and buffer components of a river corridor. Variables

include: the inherent stability of the stream channel; its sensitivity to erosion hazards; the pres-

ence of natural or significant human-created confining features; the evidence or likelihood of

valley side slope failure; and the presence of hydrologically-connected features within the river

valley.

(1) Streams with a Drainage of Less than or Equal to Two Square Miles. On the base layer

of the Statewide River Corridor Map Layer, perennial streams with a drainage area of less

than or equal to two square miles shall be assigned a river corridor of 50 feet on either side of

the stream, measured horizontally and perpendicularly from the top of each streambank, un-

less field data verifies a specific stream sensitivity type, in which case the river corridor may

be amended consistent with the applicable provisions below;

(2) Very Low and Low Sensitivity Streams (with a drainage greater than 2 square miles).

The meander belt width shall be equal to the existing channel width, if the stream is a bed-

rock or boulder substrate reference stream type (very low to low sensitivity). For mapping

purposes, the meander belt shall be delimited at the top of the stream bank of the existing

channel or a minimum of a half channel width on either side of the meander centerline,

whichever provides the greater lateral extension on either side of the meander belt;

(3) Moderately Sensitive Streams (with a drainage greater than 2 square miles). The mean-

der belt width shall be equal to a minimum of four channel widths, if the stream (i.e., at the

reach scale) is a steep to moderate gradient (greater than 2 percent gradient) reference stream

type, and the existing stream type does not represent a stream type departure. The meander

belt is delineated with a minimum of two channel widths on either side of the meander cen-

terline; or,

(4) Highly and Extremely Sensitive Streams (with a drainage greater than 2 square miles).

The meander belt width shall be equal to a minimum of six channel widths, if the stream is a

Woody vegetation plays a critical role in binding and stabilizing streambank soils and providing roughness to

moderated flood flow velocities. The widths of vegetated buffer that effectively minimize streambank instability

are reported between 10 and 30 meters or roughly between 30 and 100 feet (Fisher, R.A., and Fischenich, J.C.,

2000; Wenger, S., 1999; PADEP, 2010; Brierley, G.J., and K.A. Fryirs, 2005; Castelle, A.J., et al., 1994; Langen-

doen, E.J. et al, 2006 and 2012; Mitchell, E.R. et al., 2004; and Rosgen, D. 2006).

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

gentle gradient or braided reference stream type or if the stream is in a moderate gradient val-

ley setting, but the existing stream type represents a stream type departure.

For stream

types that are in either very low gradient settings or very high deposition areas, the meander

belt width multiplier may be increased up to eight times the channel width. The meander belt

is delineated with a minimum of three to four channel widths on either side of the meander

centerline. Within zones of extremely high and active deposition (e.g., active alluvial fans),

the river corridor shall be delineated to include all recent channels and the entire zone of ac-

tive depositional process; and

(5) Natural or Human-Imposed Confining Features. Where the meander belt extends a cer-

tain distance beyond the toe of the valley wall (including bedrock outcrops or ledge that limit

river movement), the corridor is truncated at the valley toe, and that truncated distance is

used to extend the meander belt laterally on the opposite side, to provide a total belt width as

described in Sections 4(b)(2)-(4) above (Figure 3). This extension may, in some cases, be

limited by the valley wall on the opposite side of the stream as well; in which case, the mean-

der belt extends from the toe of one valley wall to the toe of the other and will be narrower

than the multiple of channel widths prescribed above.

If the initial meander belt delineation extends beyond an engineered levee, railroad, or fed-

eral aid highway

, the full river corridor shall be measured from the embankment toe of that

infrastructure and extend laterally on the opposite side. This delineation of the river corridor

acknowledges that the alignment of the road has been structurally maintained over time in

those locations at the expense of a stable river slope and meander pattern. The river corridor

is delineated to minimize the risk of greater flood velocities and increased fluvial erosion that

would occur if the river were to become pinched between new encroachments and the road

before equilibrium conditions were attained and the flood velocities reduced. Infrastructure

or other improvements directly abutting the boundaries of a river meander belt remain as, or

more, vulnerable to fluvial erosion as infrastructure within the corridor

The Secretary may designate a “modified stream” where existing developments have modi-

fied the watershed, channel, valley, and/or floodplain and effectively constrained stream ad-

justments that would establish a more natural equilibrium condition. To make such a desig-

A stream type departure may be represented by a shift of stream type or a major vertical stream adjustment

(degradation and/or aggradation); see Steps 2.14 (pp. 34-37) in the Stream Geomorphic Assessment Handbooks,

Phase 2: http://dec.vermont.gov/sites/dec/files/wsm/rivers/docs/rv_SGA_Phase2_Protocol.pdf.

Federal aid highways are a subset of the Vermont roads for which the Vermont Agency of Transportation uses

federal aid and include any roads with a functional class designation of 1, 2, 4, 6, 7, 11, 12, 14, 16, or 17.

The corridor is delineated to achieve the stabilizing effect of full or partial expression of meanders away from

the road. Over time, this will reduce erosion hazard to both the road and downstream properties. Alternatively, if

the corridor was not delineated in this manner and new development was placed opposite the highway, the river

would become pinched between the highway and the new structures and become more hazardous. The fact that

ANR is recognizing the structural maintenance of state highway alignments does not change the State’s commit-

ment to transportation corridor planning that will examine erosion hazards where roads and rivers meet. Alterna-

tives, including the possible movement of a state highway, will be examined based on the benefits and costs and

the opportunity to mitigate hazards system-wide within a watershed. If and when a state highway is moved, ANR

will review and, where possible, realign the meander belt consistent with Section 4(a)(3) above. Importantly, this

same planning process is available to municipalities who may wish to delineate corridors off certain town high-

ways or other public infrastructure important to the community as part of the corridor map revision process.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

nation the Secretary shall determine that the river segment or reach has become vertically sta-

ble (i.e., the stream bed is not actively aggrading or degrading) and shall alter the meander

belt delineation according to the existing, modified sensitivity.

(6) Streams Subject to Bank or Slope Failure. Erosion hazards outside the meander belt may

also exist. If field evidence indicates bank erosion and/or large, mass wasting failures along

the valley wall exist or would exist concurrent with the edge of the calculated meander belt,

an additional setback to the top of the immediately adjacent erodible side-slope

(that has a

toe that is less than one channel width from the top of the stream bank as depicted in Figure

3) or slope stability allowance, as determined by a geo-technical analysis, shall be added to

the meander belt to accommodate stable bank slopes (see River Corridor Map Amendment

described in Section 5(c)(4)(D)(iv) below);

(7) Natural or Manmade Depressions Adjacent to Streams. If field evidence indicates fea-

tures, such as natural or human-created depressions and old channels adjacent to the stream,

are deeper than the stage of the annual flood, the meander belt may extend laterally to en-

compass those features in recognition of their potential to be captured by the river or contrib-

ute to a channel avulsion (relocation) during a flood;

(8) The Riparian Buffer Component. All river corridors, except small streams with a drainage

of less than or equal to two square miles, shall include a 50-foot setback as an extension on

either side of the meander belt. For small streams, the 50-foot setback from each bank de-

scribed in Section 4(b)(1) above is to serve both meander and riparian buffer functions. The

buffer components may extend past the mapped line of a naturally confining feature (e.g., the

toe of the natural valley wall), but shall not go beyond the boundary of an engineered levee,

railroad, or federal aid highway (see Figure 2).

In this context, an adjacent side slope is a non-bedrock terrace or hillside slope, as described in the ANR

Stream Geomorphic Assessment Phase 2 Protocols (Step 1.4).

Riparian Buffer Component

extending off the Meander Belt

Buffer Component extends beyond the

Toe of the Valley Wall

Buffer Component does not extend beyond

federal aid highway

Figure 2. Showing the (green cross-hatched) riparian buffer component of the river corridor,

as an extension off the meander belt (bold red lines), to accommodate the actual buffers

(green bands) when the stream meanders are at their equilibrium amplitude. Buffer compo-

nents are drawn beyond natural confining features such as the valley wall but not beyond en-

gineered levees, railroads, or federal aid highways.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

Figure 3. Planform and cross-sectional views of the meander belts used in constructing River Corridors and River Corridor Pro-

tection Areas (RCPA) based on a highly sensitive river type adjacent to a highly erodible valley side slope.

Description of Meander Belt (MB)

A to B

Calculated MB widened to include the

extent of an existing meander (at A) and

to smooth the line to the top of slope

boundary at D and the calculated mean-

der belt boundary downstream of point B

C to D

Calculated MB widened to smooth line

between calculated meander belt up-

stream of C and the boundary set by an

existing meander downstream at A over

to the top of slope at D

E to F

Calculated meander belt width no widen-

ing or shifting

x > y

Due to a shifting of calculated meander

belt off toe of right valley wall

Boundary shifted to top of adjacent side

slope as channel is less than one channel

width from highly erodible side slope

Highly erodible

valley side slope

Calculated belt width drawn

off meander centerline

and/or toes of valley walls

Final meander belt includes

side slope features

Meander

Centerline

Plan Form

Cross Section

Flow

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

(1) Rivers and streams, with a drainage area greater than two square miles, shall have drawn cor-

ridors based on the criteria for stream sensitivity, riparian buffer setbacks, and confining fea-

tures established in Section 4(b).

(2) A Statewide River Corridor Map Layer shall depict or indicate the following map categories:

(A) river corridors for perennial streams with a drainage area of less than or equal to two

square miles, as required under Section 4(b)(1);

(B) river corridors drawn using hydrographic and topographic data and human-imposed con-

fining features as defined in Section 4(b)(7) above; and

new data, detailed field studies, or municipal planning at the reach scale or the watershed

scale.

(3) The river corridor base layer shall be ArcGIS derived from analysis of topographic data to

calculate valley geometry (slope and width) and an analysis of hydrographic data to calculate

hydraulic geometry and meander belt widths. Human-imposed confining features, including

railroads and federal aid highways, were established as artificial valley walls and used to de-

lineate the location of the meander belt on the base layer. As needed, the base layer may be

field-verified using the principles of fluvial geomorphology as documented in the DEC tech-

nical guidance.

5.0 APPLICABILTY, AMENDMENT, UPDATE, AND REVISION OF MAPS

(a) Introduction. Flood hazard area maps are developed under the auspices of the NFIP as adminis-

tered by FEMA. By contrast, river corridor maps are developed by the DEC River Corridor and

Floodplain Protection Program. The following sections describe how the two map types become

applicable in this Department Procedure and how they may be revised, amended, and updated.

As a program unique to the state of Vermont, this Procedure is necessarily more detailed with

respect to river corridors.

(b) Flood Hazard Area Maps.

(1) Applicable Maps.

The applicable flood hazard area maps shall be those delineated in a manner consistent with

the federal definition of “area of special flood hazard” (44 C.F.R § 59.1), in other words,

that land in the floodplain within a community subject to a one percent or greater chance of

flooding in any given year (10 V.S.A. § 752(3)).

(2) Revision.

(A) Requests for revisions to flood hazard area maps must be made through FEMA’s Letter

of Map Revision (LOMR) process. A LOMR is FEMA’s modification to an effective

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

NFIP flood hazard area map.

(B) All requests for changes to effective maps, other than those initiated by FEMA, must be

made to FEMA in writing by the chief executive officer (CEO) of the community or an

official designated by the CEO. Pursuant to 44 C.F.R. Part 65, LOMRs must be noted on

the community’s master flood map and filed by panel number in an accessible location.

All LOMR requirements are found at 44 C.F.R. Part 65- Identification and Mapping of

Special Flood Hazard Areas.

application must be made directly to FEMA. More information on the revision process is

available by contacting the FEMA Map Information Exchange (FMIX) at 1-877-336-

2627.

(3) Amendment.

(A) Amendment to flood hazard areas must be made through FEMA’s Letter of Map Amend-

ment (LOMA) process. A LOMA is an official amendment, by letter, to an effective

NFIP flood hazard area map. A LOMA establishes a property’s location in relation to the

flood hazard area. FEMA typically issues LOMAs when a property has been inadvert-

ently mapped as being in the flood hazard area and is located on natural high ground

above the base flood elevation.

(B) Pursuant to 44 C.F.R. Part 70, LOMAs must be noted on the community's master flood

map and filed by panel number in an accessible location. All LOMA requirements are

found in 44 C.F.R. Part 70 – Procedure for Map Correction.

application must be made directly to FEMA. More information on the amendment pro-

cess is available by contacting the FEMA Map Information Exchange (FMIX) at 1-877-

336-2627.

(1) Applicable Maps.

(A) The Statewide River Corridor Map Layer and best available stream geomorphic data not

yet incorporated into the Statewide Layer, developed pursuant to Sections 4(b) and (c)

above, shall be the applicable ANR river corridor maps for purpose of implementing this

Procedure.

LOMRs are generally based on the implementation of physical measures that affect the hydrologic or hydrau-

lic characteristics of a flooding source and thus result in the modification of the existing FEMA-designated flood-

way, the effective base flood elevations (BFEs), or the flood hazard area. The LOMR officially revises the flood

hazard area, and sometimes the flood insurance study (FIS) report, and when appropriate, includes a description

of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the

flood hazard area map or FIS report.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

(B) The State shall publish and maintain the Statewide River Corridor Map Layer on the

ANR Natural Resource Atlas.

(2) Map Updates.

(A) “Updates” are technical changes which fall into the categories of “minor updates” and

“major updates.” “Major updates” involve the collection of data and analysis to reevaluate

stream sensitivity type on which to derive specific meander belt or buffer widths. “Minor

updates” include the correction of remnants from the mapping process, computer mapping

errors, and adjustments to factor stream geomorphic features documented with data (e.g.,

unmapped bedrock outcrop) unavailable when the base layer was developed. Multiple

“updates” (minor and/or major) may occur when new reach- or watershed-scale data be-

comes available.

(B) Major updates may involve the analysis of:

(1) Watershed Hydrologic Modifications including those natural processes and human ac-

tivities or facilities which result in a significant decrease in peak discharges (e.g.,

flood control facilities); or significant watershed hydrologic modifications associated

with, for example, land use conversion which raises peak discharges, as these activities

serve to increase stream power, the level of erosion hazard, and stream sensitivity.

(2) Slope Modifications Related to Sediment Transport and Sediment Regime Changes.

Meander belt modelling captures a range of watershed factors and natural channel con-

ditions and enables the State to cost-effectively implement this Procedure statewide.

However, project proponents and their consultants may propose a stream-specific

equilibrium slope assessment for a geomorphically-defined stream reach which, if ap-

proved, could be conducted and provide data to calculate a stream reach-specific me-

ander belt width.

Updates delimiting vertically stable “modified streams” (designated as moderate to

low sensitivity) fall into this category. A river corridor map amendment in considera-

tion of a modified stream shall be limited to situations where the physical human con-

straints are so pervasive as to effectively preclude any expectation of re-establishing

natural equilibrium conditions, and where active erosion hazards (vertical channel ad-

justments), upstream and downstream of the human-constrained reach, are low or have

been mitigated.

(3) Boundary Conditions. The resistance of the channel boundary materials to the erosive

power of the stream as influenced by local conditions such as material type, size, and

gradation; cohesiveness; and vegetation, or lack thereof, may significantly influence

the anticipated range of channel adjustment and may therefore increase or decrease the

level of erosion hazard, channel sensitivity, and river corridor extent. The role of hu-

man constructed channel stabilization treatments (such as rock rip rap) with respect to

constraining channel adjustments, particularly in the absence of other improvements,

will not be considered, because the typical long-term response to human-placed bank

revetments is a higher rate of channel adjustment and an increased erosion hazard.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

(4) Bank and Valley Side-Slope Failure / River-Associated Landslide Hazard. There are

stream bank, landslide, and other erosion hazards that may exist at or beyond the

boundaries of the meander belt. The river corridor may be extended beyond the top of

the banks, slopes, or meander belt if there is evidence of active toe erosion or historic

mass wasting failures. Determining an acceptable setback allowance to mitigate a

slope or landslide hazard by evaluating the erosion rate of an exposed and actively

eroding terrace or high bank does not capture the degree to which erosion could occur

(Rapp, 2003). A Slope Stability Allowance (SSA) is an additional setback distance

from the top-of-bank or top-of-adjacent side slope which may be added to the meander

belt to mitigate damages and public safety concerns with respect to potential slope fail-

ure or landslide hazard (Table 1). The SSA is principally a function of the local soils

and geologic materials present on the slope adjacent to the stream where the proposed

development is to occur as well as any aggravating factors that could contribute to

slope failure such as the incised or entrenched stream conditions, existing and pro-

posed hydrologic conditions from groundwater, or stormwater runoff (Simon, 2003).

Table 1. Slope Stability Allowance (SSA)

Condition

Local Conditions of Side Slope

Options

Bedrock present in the floodprone

area of the side slope (to an elevation

2X maximum channel depth).

Toe of the side slope represents the

boundary of the River Corridor

Normal surficial materials present

Calculate SSA as 2:1 slope measured

from the toe of the slope

or conduct a

geotechnical analysis

Champlain lowland clayey surficial

materials present

Calculate SSA as 3:1 slope measured

from the toe of the slope or conduct a

geotechnical analysis

Note that a slope stability analysis must demonstrate that the proposed development will not require

channelization practices, such as rock armoring, to maintain a stable slope.

(3) Assisting Municipalities and Regional Planning Commissions with Administrative Revi-

sions, Map Updates, and the Local Adoption Process.

(A) The Agency, after notifying and seeking coordination with the Regional Planning Com-

mission, shall assist any municipality expressing an interest in flood resiliency planning

and the adoption of river corridor or river corridor protection area bylaws and maps. Dur-

ing the local planning process, the Agency will present the Statewide River Corridor Map

Layer and any other available assessment data and explain the opportunities for adminis-

trative revisions and updates to the Statewide River Corridor Map Layer.

(B) DEC shall, upon request, provide municipalities with maps depicting “river corridor pro-

tection areas” (10 V.S.A. §1422(19)) comprised only of the meander belt, without the 50-

foot riparian buffer component. All streams on a “protection area” map shall be indicated

“Normal surficial materials” include alluvium, ice-contact deposits, and glacio-lacustrine materials. See Ap-

pendix F in SGA Handbooks for more information and sources of geologic information in Vermont.

Measure the setback, horizontally from the toe of the slope, at a distance two times the vertical height of the

slope.

Champlain lowland clayey materials include locations where glacio-marine deposits exist.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

or depicted with a corridor that is at least as wide as the small stream setback described in

Section 4(b)(1).

ments made at the request of the municipal legislative body to facilitate infill and redevel-

opment away from undeveloped river corridors and protect public infrastructure. The

Agency shall make those administrative revisions to the river corridor or river corridor

protection area on the Statewide River Corridor Map Layer that are consistent with this

Procedure in conjunction with municipal adoption. Examples of administrative revisions

consistent with this Procedure include:

(i) adjusting the river corridor within all or a portion of a designated center where there is

a concentration of existing encroachments and, wherever possible, away from known

repetitive loss areas, and high to extremely sensitive and actively adjusting river

reaches; and

(ii) delineating the river corridor to the side of adjacent transportation or other public in-

frastructure critical to the community to achieve a significantly greater river meander

belt width and reduce erosion hazards over time, acknowledging structures immedi-

ately adjacent to a meander belt remain vulnerable to fluvial erosion.

bring forth any minor or major map updates that may be applicable, for example, adding

known flood prone or erosion hazard areas, such as landslides or alluvial fans.

(D) When a municipal legislative body seeks administrative revisions and updates to the river

corridor or river corridor protection area, consistent with this Procedure, the Agency shall

update the Statewide River Corridor Map Layer following the public notice process in

Section 5(c)(4)(D) below. Necessary administrative revisions must be finalized on the

Statewide River Corridor Map Layer at the time of an Act 250 project application for DEC

to consider them during Act 250 project reviews.

(E) Where a municipality elects to adopt an administratively revised or updated river corridor

protection area, DEC shall assist the municipality and Regional Planning Commission in

maintaining these locally adopted maps, particularly when further updates are made to the

Statewide River Corridor Map Layer.

(F) While the Agency will promote river corridor mapping and bylaw adoption to achieve

consistency between local, regional, and state objectives for fluvial erosion hazard reduc-

tion, the Agency does not have the authority to mandate municipal adoption of river corri-

dor or river corridor protection area bylaws and maps or limit municipal adoption of ad-

ministrative revisions to those outlined in this Procedure.

(4) Map Update Process.

(A) The Agency may incorporate minor and major updates and administrative revisions on all

or portions of the Statewide River Corridor Map Layer as needed (e.g., following major

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

floods or when new field studies are available) and on a published schedule to incorpo-

rate those updates and administrative revisions consistent with this Procedure and as sub-

mitted by municipalities and other interested parties.

(B) The Department shall file all minor and major updates and administrative revisions by

stream reach and verify receipt of each map update and revision request along with infor-

mation as to when and how the DEC will review the map update or revision.

valley wall adjustments, or remnants of the ArcGIS mapping process will be made at the

discretion of the DEC River Scientists and posted on the Statewide River Corridor Map

Layer with notification to the affected municipalities, the Regional Planning Commis-

sions, and the Act 250 District Commissions.

(D) Major updates and administrative revisions shall be posted on the DEC web pages for

public review and comment for a minimum of 30-days. The Agency shall provide maps

to and solicit comments from the affected municipalities, the Regional Planning Commis-

sions, the Act 250 District Commissions, and other interested parties and shall provide a

response summary and notify these jurisdictions when the State has applied updates and

revisions to the Statewide River Corridor Map Layer.

(E) Applications for Major Project-Related Map Updates.

i. Applications for major project-related map updates involving meander belt delineation

based on sediment transport modelling and technical evaluations of stream reach sensi-

tivity must be accompanied by a qualified consultant’s rationale using qualified data

such as those assessments outlined in the Agency’s Phase 2 and Phase 3 geomorphic

assessment (SGA) protocols. Applications for major updates must document stream

sensitivity type, and may be required to ascertain the equilibrium channel slope associ-

ated with an even distribution of stream power, sediment continuity, and vertical chan-

nel stability. Assessments must be based on methods outlined in DEC technical guid-

ance or another prior-approved methodology.

ii. The applicant shall be responsible for conducting the additional assessment and sub-

mitting proposed major map updates, with applicable fees, to DEC, with certification

that copies were provided to the local governing body, the Regional Planning Com-

mission(s), and the Act 250 District Commissions.

6.0 ACT 250/SECTION 248 FLOODWAY DETERMINATIONS

(a) The goal of Act 250 Criterion 1(D) is to promote the health, safety, and welfare of the public. 10

V.S.A. § 6086(a)(1)(D). The Secretary has determined that the Act 250 floodway includes areas

associated with both flood inundation and fluvial erosion hazards. The Act 250 floodway limit is

determined by the inundation hazards as delineated by the NFIP inundation maps (Flood Insur-

ance Rate Maps, or FIRMs), the fluvial erosion hazards on perennial streams and rivers as delin-

eated in river corridor maps, and the provisions of subsection (g) of this Section.

(b) For the purpose of determining the Act 250 floodway under 10 V.S.A. § 6001(6), and the im-

pacts of a project proposed to be built in an Act 250 floodway under Criterion 1(D), DEC shall,

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

in conformance with the provisions of subsection (g) of this Section, use the applicable maps de-

fined in Section 5 of this Procedure for the:

(1) Flood hazard area as the Act 250 inundation floodway; and

(2) River corridor as the Act 250 erosion hazard floodway.

shall use the mapped FEMA-designated flood fringe.

(d) The flood hazard area includes the regulatory floodway and the flood fringe as mapped by

FEMA. River corridors are distinct from the NFIP inundation-based flood hazard areas mapped

on the FIRMs and may apply to lands that lie outside of the regulatory inundation floodplain.

Upon comparison of the two determinations (NFIP and DEC river corridors) the Act 250 flood-

way limit shall be whichever laterally extends farther from the stream.

(e) Where available, base flood elevations and FEMA-designated floodway limits provided by the

NFIP and in the most current flood insurance studies and accompanying maps shall be used to

administer this Procedure. Where an approximate flood hazard area has been delineated on riv-

ers for which base flood elevations and FEMA-designated floodway limits have not been pro-

vided by the NFIP, or on lakes for which base flood elevations have not been provided by NFIP,

it shall be the applicant’s responsibility to develop the necessary data. Where available, the ap-

plicant shall use data provided by FEMA or state or federal agencies.

(f) For proposals along rivers and streams with watershed areas greater than two square miles, and

where a flood hazard area has not been mapped, the Secretary has the discretion to require base

flood elevation and floodway data if documented flood damages or flood history exists indicat-

ing the risk of inundation hazards outside of the river corridor.

(g) For Criterion 1(D) floodway determinations, unless empirical evidence supporting stream peren-

niality and fluvial erosion hazards are provided to the Secretary for a stream in proximity to pro-

posed project, the Secretary shall limit Act 250 floodway determinations and Criterion 1(D) rec-

ommendations to streams with drainage areas greater than or equal to 0.25 square miles. This

threshold is established considering the high likelihood that drainages less than 0.25 square miles

are not perennial and do not typically create fluvial erosion hazards.

(h) If a project satisfies this Procedure and Act 250 Criterion 1(D), it must still meet all the other Act

250 criteria, including Criterion 1(E) and 1(A) that may, for example, require setbacks from the

small headwater streams described above or the protection of riparian buffers

greater than 50

feet.

(i) In making Act 250 and Section 248 Criterion 1(D) floodway determinations and recommenda-

tions and under the State Flood Hazard Area and River Corridor Rule, the Secretary shall include

the riparian buffer component as an extension to the meander belt component, that is revised and

updated on the Statewide River Corridor Map Layer to match a municipally adopted river corri-

For the purposes of Act 250 and Section 248, the Agency will make an explicit floodway determination and a

separate vegetated buffer recommendation in accordance with the current ANR Riparian Buffer Guidance.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

dor protection area, if such a buffer component is not precluded by other existing human con-

straints. When a municipally adopted river corridor protection area does not meet the require-

ments for delineating river corridors as defined in Section 4(b) of this Procedure, the Secretary

shall, for floodway determinations, use the river corridor maps and data consistent with Section

5(c)(1)(A) and subsection (g) of this Section, rather than the municipally adopted river corridor

protection area.

(j) The Secretary shall apply this section when making recommendations to the Public Service

Board regarding projects requiring permits under 30 V.S.A. §§ 248 or 248a.

7.0 DEC REGULATORY RECOMMENDATIONS

DEC shall make recommendations to the Act 250 District Commissions, the Natural Resources Board,

the Public Service Board, municipalities, and other state regulatory programs according to the following

standards.

(a) Projects Requiring an Act 250 Permit or Section 248 Certificate of Public Good. If a project

requiring Act 250/Section 248 review is proposed within the flood hazard area or river corridor

(i.e. the Act 250 floodway), DEC shall recommend that the project meet the No Adverse Impact

Standard to avoid restricting or diverting the flow of flood waters, and endangering the health,

safety, and welfare of the public or of riparian owners during flooding.

(1) No Adverse Impact Standard.

(A) Except as provided in Section 7(a)(2), projects shall not include new fill, new structures,

substantial excavations, and other above and below ground improvements within the river

corridor;

(B) A development shall not be located in the FEMA-designated floodway unless:

(i) Hydrologic and hydraulic analyses are performed in accordance with standard engi-

neering practice, by a registered professional engineer, certifying that the proposed

development will not increase base flood elevations or velocities. The Secretary has

determined that hydrologic and hydraulic analyses conducted in accordance with

FEMA’s Guidelines and Standards for Risk Analysis and Mapping are standard engi-

neering practices, or

(ii) Concurrence and approval are received from FEMA through the Conditional Letter of

Map Revision review process confirming that the proposal meets the requirements of

NFIP in 44 C.F.R. § 60.3(d)(3) or (4). Proposals receiving FEMA approval for en-

croachment in the FEMA-designated floodway shall meet the requirements of Section

7(a)(3).

storage capacity. New development that displaces floodwater storage in the flood hazard

area must provide compensatory storage to offset the impacts of the proposal, when in the

judgment of the Secretary, said loss will cause an increase or will contribute incremen-

tally to an increase in the horizontal extent and level of flood waters during peak flows up

to and including the base flood discharge. No Adverse Impact volumetric analysis and

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

supporting data must be provided by the applicant and certified by a registered profes-

sional engineer.

(E) For a proposed development representing a particular risk to adjacent landowners, as de-

termined by the Secretary, the Secretary may recommend a hydraulic analysis to verify

that the proposal will not increase flood elevations or velocities for adjacent landowners.

Hydraulic analyses and supporting data must be provided by the applicant and certified

by a registered professional engineer.

(2) No Adverse Impact – Exceptions.

(A) Exceptions to the No Adverse Impact compensatory storage requirement within the

flood fringe:

(i) Proposals determined by ANR to have no more than a minimal effect on floodwater

storage and do not divert floodwaters onto adjacent property. Examples of designs

that have a minimal effect on floodwater storage include open foundation designs,

utility work that is largely below grade, and minor above ground improvements such

as fences or poles that minimally displace or divert floodwaters.

(ii) Replacement structures provided that there is no increase in the structure’s footprint.

(iii) Replacement structures relocated to a location less proximal to the river within the

river corridor or to a less hazardous location within the flood fringe provided that

there is no increase in the structure’s footprint.

(B) Exceptions to the No Adverse Impact requirement within the river corridor:

(i) Redevelopment and infill development in designated centers provided that the dis-

tance between the redevelopment or infill development and the river or stream is no

less than the shortest distance between immediately adjacent existing above ground

development and such river or stream

or if the Secretary determines that the pro-

posed development within the designated center will not cause or contribute to fluvial

erosion hazards as determined in (iv)(a) of this subsection.

(ii) Bridges, culverts, utility crossings, and associated transportation and utility networks;

dams; and functionally dependent uses that must be placed in or over rivers and

streams. “Associated transportation and utility networks” means those transportation

and utility networks connected to a bridge, culvert, or utility for the purpose of cross-

ing a river or stream and do not include transportation or utility networks within the

river corridor that merely run parallel to a river or stream.

(iii) The replacement of improvements within a comparable footprint of an existing im-

provement or immediately adjacent to an existing improvement, provided that the re-

placement improvement is no closer to the river than the improvement that is being

ANR will not consider administrative revision to the applicable river corridor map during an Act 250 project review.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

removed; the replacement improvement meets the River Corridor Performance Stand-

ard outlined in (iv) below; and if the improvement is not a habitable structure, it is not

replaced with a habitable structure.

(iv) (a) In addition to the specific exceptions outlined in subdivisions (i) through (iii)

above, development shall be allowed within the river corridor if the Secretary deter-

mines that, because of other existing and adjacent development within the corridor,

the proposed development will not cause, contribute to, or be highly susceptible to

fluvial erosion hazards. To make this determination the Secretary shall apply the fol-

lowing River Corridor Performance Standard. The Secretary must find that a pro-

posed development will:

(1) not be placed on land with a history of fluvial erosion damage or be immi-

nently threatened by fluvial erosion;

(2) not cause the river reach to depart from or further depart from the channel

width, depth, meander pattern, and slope associated with natural stream pro-

cesses and equilibrium conditions; and

(3) not result in an immediate need or anticipated future need for stream channel-

ization, solely as a result of the proposed development, that would increase

flood elevations and velocities or alter the sediment regime triggering channel

adjustments and erosion in adjacent and downstream locations.

(b) Development that meets the requirements of Appendix A or Appendix B of this

Procedure satisfies the River Corridor Performance Standard outlined in this subdivi-

sion (Section 7(a)(2)(B)(iv)(a)(2) and (3)).

(3) Floodplain Management Standards.

If the No Adverse Impact standard has been met, Agency technical staff shall, consistent with

the requirements of 44 C.F.R. § 60.3, recommend that development be made reasonably safe

from flooding and comply with all applicable floodplain management criteria of the NFIP.

Technical staff shall make the following recommendations, unless the municipality in which

the project is located has more stringent bylaws or ordinances, in which case, technical staff

shall make recommendations consistent with those requirements.

24 V.S.A. § 4413(c).

(i) Residential structures shall be elevated such that the lowest floor is at least two feet

above the base flood elevation

;

(ii) Non-residential structures shall be elevated such that the lowest floor is at least two feet

above the base flood elevation, or shall be dry-floodproofed and certified in accordance

with FEMA floodproofing guidance to at least two feet above the base flood elevation;

Residential Structures shall not have fully enclosed areas that are below grade on all sides (including below

grade crawlspaces and basements

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(iii) Critical facilities

shall have the lowest floor elevated or floodproofed to at least the 500-

year flood elevation or two feet above the base flood elevation, whichever is greater;

(iv) Development shall be designed, operated, maintained, modified, and adequately anchored

to prevent flotation, collapse, or lateral movement of the structure during the occurrence

of the base flood;

(v) Development shall be constructed with materials resistant to flood damage;

(vi) Development shall be constructed by methods and practices that minimize flood damage;

(vii) Development shall be constructed with waterproofed systems, such that electrical, heat-

ing, ventilation, plumbing, and air conditioning equipment and other service facilities are

designed and/or located so as to prevent water from entering or accumulating within the

design components during flooding.

(viii) Development must be constructed with adequate drainage to reduce exposure to flood

hazards; and

(ix) Fuel storage tanks (as needed to serve buildings in the flood hazard area) must be located

a minimum of one foot above the base flood elevation and be securely anchored to pre-

vent flotation, and protected from flood forces and debris; or storage tanks may be placed

above or below ground, if securely anchored and certified by a qualified professional that

the design is watertight and will resist buoyancy, scour and uplift forces, and that the fuel

storage tank vent is located at least one foot above the base flood elevation.

(b) Projects subject to Municipal Hazard Area Regulations and submitted for DEC review.

(1) Municipalities that have adopted flood hazard area or river corridor bylaws are required to

submit permit applications for flood hazard area and river corridor development to DEC, or

DEC’s designee, for review and comment pursuant to 24 V.S.A. § 4424(a)(2)(D). DEC shall

review applications for completeness in accordance with the Development Review Check-

list.

Incomplete applications will be returned to municipalities within 10 business days

with the information deficiency noted.

(2) Flood Hazard Areas. Upon receipt of a complete application, DEC shall review the devel-

opment proposal against the effective Flood Insurance Study and flood hazard area map, in

conjunction with the standards contained in the flood or other hazard area bylaw adopted by

the municipality. DEC shall provide written comments with regard to any aspect of the pro-

posal not in compliance with the municipal bylaw and the NFIP and provide recommended

permit conditions to ensure the development complies with the adopted regulations. If dur-

ing the application review the Agency sees opportunities to increase public safety, changes to

local bylaws may be recommended.

For Act 250 proceedings, ANR routinely recommends that critical facilities not be located in flood hazard areas unless

there is no practicable alternative.

Refer to FEMA Technical Bulletin 2-93: Flood-Resistant Materials Requirements.

http://dec.vermont.gov/sites/dec/files/wsm/rivers/docs/4424_checklist_final.pdf

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(3) River Corridors and River Corridor Protection Areas. Upon receipt of a complete appli-

cation, DEC shall review the application against the effective municipally-adopted river cor-

ridor or river corridor protection area map, in conjunction with the standards contained in the

river corridor, river corridor protection area, or fluvial erosion hazard area bylaw adopted by

the municipality. DEC shall provide written comments with regard to any aspect of the pro-

posal not in compliance with the municipal bylaw and provide recommended permit condi-

tions to ensure the development complies with the adopted regulations. If during the applica-

tion review the Agency sees opportunities to increase public safety, changes to local bylaws

may be recommended.

municipal programs regulate development located within flood hazard areas and river corridors

and may seek technical and regulatory assistance to minimize flood and fluvial erosion hazard.

The DEC River Corridor and Floodplain Management Program shall provide technical assistance

to other programs consistent with the No Adverse Impact Standard as outlined in Sections

7(a)(1-3) above.

8.0 BEST MANAGEMENT PRACTICES IN FLOODPLAINS AND RIVER CORRIDORS

(a) Introduction. This section of the Procedure includes best management practices for managing

Vermont streams and rivers toward a dynamic equilibrium, i.e., geomorphic forms and fluvial

processes which result in functioning floodplains and least erosive stream channels. Maximizing

the use of these best management practices, with respect to stream and floodplain equilibrium, is

in the interest of landowners, the communities of a watershed, and the State as a whole. In addi-

tion to the benefit of reducing flood damages associated with inundation and fluvial erosion,

streams and floodplains in equilibrium store fine sediments and nutrients that may degrade Ver-

mont waters, and provide for complex aquatic, wetland, and riparian habitats that support the

most highly diverse communities of native plants and animals in this eco-region.

While this Section does not attempt to cover a complete set of best management practices for

achieving the State’s water quality objectives and the highest ecological integrity of Vermont

river systems, the Department has published the State Surface Water Management Strategy for

this purpose

DEC provides technical assistance and works with partner agencies and organizations to com-

plete river corridor plans and stormwater master plans which engender the technical analyses for

identifying site-specific opportunities to implement the following best management practices.

Municipalities and regional planning commissions are encouraged to consider both general and

site-specific best practices in preparing local hazard mitigation plans and the resiliency elements

of town plans. The State is directed by statute to provide incentives for local planning and im-

plementation of local projects and practices to address flood and fluvial erosion hazards.

The following sub-sections outline and reference other best practice sources for achieving stream

equilibrium, including those for managing runoff, floodplain encroachments, river channels, and

riparian buffers. Detailed descriptions of these practices are, in many cases, provided in separate

best practice documents published by other state programs, including technical guidance docu-

ments (e.g., the State Surface Water Management Strategy) published on the Watershed Manage-

The Sate Surface Water Management Strategy may be found at http://dec.vermont.gov/watershed/map/strategy.

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ment Division web pages. Presenting this set of references is intended to knit together these pro-

grams and practices into a single framework for managing floodplains and river corridors.

(b) Best Management Practices.

(1) Slowing, Spreading, and Infiltrating Runoff. Stream and floodplain geometry are a func-

tion of watershed hydrology. Natural runoff characteristics are altered by ditching, wetland

loss, and changes in land use and land cover. When runoff is quickened and peak discharges

are increased, flood water depths and erosive power are increased. A stream receiving runoff

from ditched lands or a watershed with impervious cover exceeding 5% may become ener-

gized, erosive, enlarged, and unstable (Fitzgerald, 2007; Doyle et al., 2000). Best practices

to minimize the stream disequilibrium associated with altered upland hydrology involve

slowing, spreading, and infiltrating runoff from urban, farm, and working forest lands and

transportation networks. DEC technical guidance for stormwater management, low impact

(LID) development, green infrastructure (GI) planning, and ecosystem restoration lists and

describes current programs outlining the best management practices for watershed hydrol-

ogy. In general, natural systems such as vegetative cover, organic soils, land forms (e.g.,

wetlands and floodplains) that store and more slowly release runoff are the preferred, least

cost and self-maintaining systems for stormwater treatment.

See: http://dec.vermont.gov/watershed/stormwater

(2) Avoiding and Removing Encroachments. Investments placed within flood hazard areas

and river corridors inevitably result in human-imposed structural constraints on flood waters

and stream channel adjustments to protect those investments and address associated threats to

public safety. Typically, the constraint of flooding and channel adjustments in one location

results in a transfer of flood water, stream sediments, and erosive energy to another location.

Structural flood works to protect encroachments can increase flood elevations and velocities

and trigger a sequence of channel adjustments and erosion in adjacent and downstream loca-

tions, especially when placed in and adjacent to sensitive (i.e., high-bed load, alluvial) stream

types. Avoiding new development and removing existing structures within and abutting

floodplains and river corridors will begin to mitigate these impacts. The following are exam-

ples of actions that would be included in an “avoidance” best practice:

(A) Land use planning and regulation. Best management practices for planning develop-

ments exempt from municipal regulation or those subject to Act 250/Section 248 are

guided by the “No Adverse Impact” standard for flood hazard areas and river corridors as

established in this Procedure and the Flood Hazard Area and River Corridor Rule. The

adoption of local land use plans and regulations are also critical best management prac-

tices. Municipalities are compliant with the provisions of the NFIP by adopting mini-

mum regulatory standards as set by FEMA. This Procedure, however, recommends the

best practice of adopting land use bylaws with development standards which exceed the

minimum requirements of the NFIP. The Department highly recommends that munici-

palities submit proposed bylaw language to their Regional Planning Commission and the

River Corridor and Floodplain Protection Program for review and comment. The Pro-

gram has published model bylaws for municipal regulation of development in flood haz-

ard areas, river corridors, and river corridor protection areas on its web pages.

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See: http://dec.vermont.gov/watershed/rivers/river-corridor-and-floodplain-protec-

tion/municipal-assistance

(B) Land conservation. River corridor and floodplain protection, in the form of an easement

or fee purchase, often represents a feasible alternative to channelization practices. The

DEC has designed river corridor easements to augment municipal bylaws. Zoning may

avoid future encroachment and minimize fluvial erosion hazards, but does not restrict

channel straightening and armoring practices that transfer flood-related erosion to down-

stream locations.

Obtaining an easement to protect rather than stop the erosion process and allow flood-

plains to reestablish in selected locations is a best management practice to protect soils,

property, and infrastructure at the location of the easement and at properties lower in the

watershed. Wherever feasible, the capture and storage of water, sediment, and debris in

natural floodplain features will reduce flood hazards and promote the ecological health of

our rivers (ANR Guide to River Corridor Easements 2010).

Securing a river corridor easement may be the most viable river management alternative

if: (i) the sediment deposition process is dominating and/or is critical to the development

and maintenance of equilibrium channel forms (i.e., stable meanders, river beds and

banks); (ii) channel and corridor constraints do not currently limit meander and channel

slope adjustments; (iii) existing and future proposed activities have been identified that

would constrain or otherwise threaten the attainment of equilibrium conditions; and (iv)

protecting the erosion/deposition process in the easement area may help minimize the

erosion hazards to downstream areas.

See: http://dec.vermont.gov/sites/dec/files/wsm/rivers/docs/rv_RiverCorridorEasement-

Guide.pdf

terminations are made that certain structures require major investments to restore the

function for which they were originally built. In these situations, best practice involves

an alternatives analysis to determine the feasibility of moving or deconstructing an en-

croachment within or abutting the river corridor or floodplain. For instance, there is typi-

cally a high benefit-cost ratio for removing a repetitive-damage structure. State and fed-

eral agencies have maintained buy-out and restoration programs and typically require the

long-term protection of the site upon removal of the structure.

Planning programs which identify and target derelict and vulnerable structures for re-

moval, based on documented flood and fluvial erosion hazard mitigation objectives, will

be most successful in obtaining funding assistance for the removal of structures.

In addition to home buy-outs, there may be road setbacks that are worthy of considera-

tion, including those roads abutting the meander belt which may be as or more vulnerable

than infrastructure within the meander belt of a river. Systemic restoration of floodplain

function may also be achieved through the removal of derelict dams and under-sized

stream crossings, which often restores the sediment transport functions critical to stream

bed elevations and floodplain connectivity. Berm and levee removals have perhaps the

highest benefit-cost ratio. Some levees are still protecting residences and infrastructure,

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but many others, particularly old berms, protect very little in comparison with the in-

creased risk they create from increasing flood heights and velocities.

(3) River and Riparian Management.

(A) River management meeting equilibrium and connectivity standards. DEC has pre-

pared a compendium of Standard River Management Principles and Practices to support

more effective flood recovery implementation; improve the practice of river manage-

ment; and codify best river management practices in Vermont. The document compiles

the most current river management practices based on the best available science and engi-

neering methods to create consistent practice and language for risk reduction while main-

taining river and floodplain function. Best practices are established to address common

flood damages, including:

(i) Erosion of banks adjacent to houses and infrastructure;

(ii) Erosion of road embankments;

(iii) Channel movement across the river corridor;

(iv) River bed down-cutting that destabilizes banks, undermines structure foundations,

exposes utility crossings, and vertically disconnects rivers from adjacent floodplains;

(v) River bed sediment build-up that can increase flood depths, initiate channel move-

ment and avulsion, and lead to bank erosion;

(vi) River bed filling with large woody debris that can increase flood depths, initiate chan-

nel movement and avulsion, and lead to bank erosion; and

(vii) Bridge and culvert failure.

See: http://dec.vermont.gov/sites/dec/files/wsm/rivers/docs/SRMPP_1.3_lowres.pdf

In addition to the standard river management practices, the Principles and Practices doc-

ument includes a site screening and problem identification process as well as methods for

conducting an alternatives analysis. Other best practices for restoring stream channels

and floodplains toward equilibrium conditions are identified in River Corridor Plans

completed using Phase 1 and Phase 2 Stream Geomorphic Assessment data. The ANR

River Corridor Planning Guide offers methods for creating best practices around:

(i) Actively restoring and protecting floodplain functions and features;

(ii) Removing constraints to the natural sediment and hydrological regimes (e.g., berms,

derelict dams, or undersized culverts)

(iii) Maintaining those stream dimensions, pattern, and slope presently in equilibrium con-

dition; and

(iv) Reconstructing the channel dimensions, pattern, and slope associated with equilib-

rium conditions.

River corridor plans identify reach-specific restoration projects, including: stabilizing

streambanks (i.e., on a laterally-adjusting, equilibrium stream); arresting head-cuts and

nick-points; removing berms and other constraints to flood and sediment load attenua-

tion; removing/replacing structures (e.g. undersized culverts, constrictions, low dams);

restoring incised reaches; and restoring aggraded reaches. Where feasible, river corridor

best management practices include the removal of structures and modification of land-

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forms that constrain or obstruct fluvial processes to restore and maintain vertical connec-

tivity between a channel and adjacent floodplains. Opportunities to couple active restora-

tion with river corridor protection are a recommended best practice.

See: http://dec.vermont.gov/sites/dec/files/wsm/rivers/docs/rv_rivercorridorguide.pdf

(B) Restoring and maintaining riparian buffers. This Procedure: (i) defines a 50-foot set-

back extension on either side of the meander belt component of a river corridor to pro-

vide space for buffers adjacent to the stream when meanders have reached an equilibrium

slope and planform, and (ii) recommends the maintenance of a 50 foot vegetated buffer

as measured from the top of bank or top of slope, consistent with the most current version

of the Agency’s Riparian Buffer Guidance.

The 50-foot distance was chosen as the minimum ANR recommended vegetated buffer

distance within the river corridor to give resistance to flood water velocities in the near-

bank region and increase the stream bank stability necessary to achieve and maintain

equilibrium conditions. Other buffer functions and distances are spelled out in the Guid-

ance and supported in the ANR Riparian Buffers and Corridors Technical Papers (2005).

The Agency may recommend vegetated buffers larger than 50 feet on existing channels

to ensure that other buffer functions are maintained and protected.

The State encourages and promotes buffers adjacent to streams and rivers (10 V.S.A. §

1421) and defines a “buffer” as an undisturbed area consisting of trees, shrubs, ground

cover plants, duff layer, and generally uneven ground surface that extends a specified dis-

tance horizontally across the surface of the land from the top of the bank of an adjacent

river or stream (10 V.S.A. § 1422(10)). The Agency encourages landowners and munici-

palities to consider and utilize the broader compendium of best practices for managing,

protecting, and restoring buffers as contained and referenced in the Agency’s Riparian

Buffer Guidance and Technical Papers.

This Procedure points to the best practices for encouraging and promoting stream bed and

bank stability and reducing flood flow velocities, including the near complete avoidance

of earth-moving activities; the storage of materials; the removal of trees, shrubs, or

groundcover; and mowing. Stream channelization to protect riparian vegetation from

erosion is not a best practice. If a mature tree canopy and larger, non-hazardous deadfall

and windblown trees in the stream and riparian area are retained, then the removal of

lower limbs (i.e., to facilitate river viewing) and other vegetation management may have

negligible effects on the equilibrium functions of a riparian buffer.

See: http://anr.vermont.gov/planning/act250-section248-info/guidance-docs.

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9.0 DEFINITIONS

“Accessory structure” means a structure or open sided building which is: (1) detached from and clearly

incidental and subordinate to the principal use of or structure on a lot, (2) located on the same lot as the

principal structure or use, and (3) clearly and customarily related and in close proximity to the principal

structure or use.

“Act 250 floodway” means a hazard area with inundation and fluvial erosion components. The inunda-

tion component is the special flood hazard area as mapped by the FEMA and includes the FEMA-

designated floodway and flood fringe. The fluvial erosion component is the river corridor as mapped by

the Agency.

“Act 250 floodway fringe” means an area which is outside a floodway and is flooded with an average

frequency of once or more in each 100 years as determined by the Secretary of Natural Resources with

full consideration given to upstream impoundments and flood control projects. The “Act 250 floodway

fringe” is synonymous with the FEMA-designated flood fringe for the purposes of this Procedure.

“Agency” or “ANR” means the Vermont Agency of Natural Resources.

“Annual flood” means a discharge (Q) or flood flow event that occurs at a high frequency, i.e., there is

greater than a 50% chance of a flood stage (<Q2) of at least this level occurring in any given year.

“Base Flood” means the flood having a one percent chance of being equaled or exceeded in any given

year (commonly referred to as the “100-year flood”).

“Base Flood Elevation” (BFE) means the elevation of the water surface elevation resulting from a

flood that has a one percent chance of equaling or exceeding that level in any given year. On the Flood

Insurance Rate Map the elevation is usually in feet, in relation to the National Geodetic Vertical Datum

of 1929, the North American Vertical Datum of 1988, or other datum referenced in the Flood Insurance

Study report, or the average depth of the base flood, usually in feet, above the ground surface.

“Basement” means any area of the building having its floor elevation below ground level on all sides

including crawlspaces.

“Base Layer/Base Map” means the river corridors derived from an ArcGIS analysis of topographic data

to calculate valley geometry (slope and width) and an analysis of hydrographic data to calculate hydrau-

lic geometry and meander belt widths. Human-imposed confining features, including railroads and fed-

eral aid highways were established as artificial valley walls and used to delineate the location of the me-

ander belt on the base layer. .

“BFE” see Base Flood Elevation.

“Below Ground Improvement” means a private, functioning potable water or wastewater system

providing service to a habitable structure or an underground public utility that is functioning and provid-

ing a public service.

“Buffer” means an undisturbed area consisting of trees, shrubs, ground cover plants, duff layer, and

generally uneven ground surface that extends a specified distance horizontally across the surface of the

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land from the mean water level of an adjacent lake or from the top of the bank of an adjacent river or

stream, as determined by the Secretary of Natural Resources (10 V.S.A. § 1422(10)).

“Channel” means an area that contains continuously or periodic flowing water that is confined by banks

and a streambed.

“Channel Slope” means longitudinal stream bed profile or the vertical drop of the stream bed from up-

stream to downstream in relationship to adjacent floodplain features.

“Channelization” practices conducted in a stream channel and/or the floodplain, including straighten-

ing, berming, dredging, and/or armoring, which alter flow depths, slope, and velocities and the sediment

regime of the stream.

“Compensatory storage” means a volume not previously used for flood storage and which shall be in-

crementally equal to the theoretical volume of flood water at each elevation, up to and including the base

flood elevation, which would be displaced by the proposed project. Such compensatory volume shall

have an unrestricted hydraulic connection to the same waterway or water body. Further, with respect to

waterways such compensatory volume shall be provided within the same reach of the river, stream, or

creek.

“Critical facilities” means facilities that provide services or functions related to public health and safety

during emergency response and recovery and facilities that must be protected to a higher standard to

protect public health and safety.

“Designated center” means a downtown, village center, new town center, growth center, or neighbor-

hood development area designated pursuant to 24 V.S.A. Chapter 76A.

“Development” means any human-made change to improved or unimproved real estate including build-

ings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or

storage of equipment or materials.

“Equilibrium conditions” means the width, depth, meander pattern, and longitudinal slope of a stream

channel that occurs when water flow, sediment, and woody debris are transported by the stream in such

a manner that it generally maintains dimensions, pattern, and slope without unnaturally aggrading or de-

grading the channel bed elevation.

“FEMA” means the Federal Emergency Management Agency.

“Fill” means any placed material that changes the natural grade, increases the elevation, or diminishes

the flood storage capacity at a site. Temporary storage of material is not considered fill.

“FIRM” see Flood Insurance Rate Map.

“Flood” means (1) a general and temporary condition of partial or complete inundation of normally dry

land areas from: (A) the overflow of inland or tidal waters; (B) the unusual and rapid accumulation or

runoff of surface waters from any source; or (C) mudslides which are proximately caused by flooding

and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when

earth is carried by a current of water and deposited along the path of the current; or (2) the collapse or

subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining

caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an un-

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usually high water level in a natural body of water, accompanied by a severe storm, or by an unantici-

pated force of nature, such as flash flood or abnormal tidal surge, or by some similarly unusual and un-

foreseeable event which results in flooding.

“Floodplain” means any land area susceptible to being inundated by water from any source (see defini-

tion of “Flood”).

“Flood fringe” means the area that is outside of the regulatory FEMA-designated floodway but still in-

undated by the designated base flood (the flood having a one percent chance of being equaled or ex-

ceeded in any given year).

“Flood hazard” means those hazards related to inundation damages.

“Flood hazard area” means the land in the floodplain within a community subject to a one percent or

greater chance of flooding in any given year. The term has the same meaning as “area of special flood

hazard” under 44 C.F.R. § 59.1.

“Flood Insurance Rate Map” (FIRM) means an official map of a community on which the Federal In-

surance Administrator has delineated both the special flood hazard areas and the risk premium zones ap-

plicable to the community.

“Flood insurance study” means an examination, evaluation, and determination of flood hazards and, if

appropriate, the corresponding water surface elevations or an examination, evaluation, and determina-

tion of mudslide (i.e., mudflow) and/or flood related erosion hazards.

“Flood proofing” means any combination of structural and non-structural additions, changes, or adjust-

ments to structures which reduce or eliminate flood damage to real estate or improved real property, wa-

ter and sanitary facilities, structures, and their contents.

“FEMA--designated floodway” or “regulatory floodway” means the channel of a river or other water-

course and the adjacent land areas that must be reserved in order to discharge the base flood without cu-

mulatively increasing the water surface elevation more than one foot at any point as depicted on Flood

Insurance Rate Maps published by FEMA. Flood hazard areas and floodways may be shown on sepa-

rate map panels.

“Fluvial erosion hazards” means those hazards related to the erosion or scouring of riverbeds and

banks during high flow conditions of a river.

“Functionally dependent use” means a use which cannot perform its intended purpose unless it is lo-

cated or carried out in close proximity to water (e.g., bridges and public accesses to the water).

“Habitable Structure” means any enclosed roofed structure; residential, commercial, or industrial; public

or private, that is fit for people to enter and utilize.

“Handbooks” mean the Phase I-III Vermont Stream Geomorphic Assessment (SGA) Handbooks DEC,

2009)

“Historic Structure” means any structure that is: (1) listed individually in the National Register of His-

toric Places (a listing maintained by the Department of the Interior) or preliminarily determined by the

Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2)

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certified or preliminarily determined by the Secretary of the Interior as contributing to the historical sig-

nificance of a registered historic district or a district preliminarily determined by the Secretary to qualify

as a registered historic district; (3) individually listed on a state inventory of historic places in states with

historic preservation programs which have been approved by the Secretary of the Interior; or (4) individ-

ually listed on a local inventory of historic places in communities with historic preservation programs

that have been certified either: (A) by an approved state program as determined by the Secretary of the

Interior or (B) directly by the Secretary of the Interior in states without approved programs.

“Improvement” means a habitable structure, accessory structure, public utility, public transportation in-

frastructure, or a private road, bridge, culvert, or utility (i.e., potable water well or waste water system)

providing for the use of or primary access to residential and/or commercial property. For the purpose of

this Procedure, “existing improvements” are those in existence as of December 5, 2014.

“Infill development” means construction, installation, modification, renovation, or rehabilitation of

land, interests in land, buildings, structures, facilities or other improvements in an area that was not pre-

viously developed but it surrounded by existing development.

“Letter of Map Amendment” (LOMA) is a letter issued by FEMA officially removing a structure or lot

from the flood hazard area based on information provided by a certified engineer or surveyor. This is

used where structures or lots are located above the base flood elevation and have been inadvertently in-

cluded in the mapped special flood hazard area.

“Lowest floor” means the lowest floor of the lowest enclosed area of a building, including the basement,

except an above grade unfinished or flood resistant enclosure, usable solely for parking of vehicles,

building access, or storage in an area other than a basement area is not considered a building’s lowest

floor provided that such enclosure is not built so as to render the structure in violation of the applicable

non-elevation design requirements of 44 C.F.R. § 60.3.

“Meander belt” means the land area on either side of a watercourse extending laterally across the river

valley which represents a minimal corridor for the lateral meander extension and migration necessary to

maintain an equilibrium slope and minimize vertical channel instability and erosion over time.

“New construction” means structures for which the start of construction commenced on or after the ef-

fective date of the floodplain management regulation adopted by the community and includes any subse-

quent improvements to such structures.

“NFIP” means the National Flood Insurance Program.

“Redevelopment” means construction, installation, modification, renovation, or rehabilitation of land,

interests in land, buildings, structures, facilities, or other improvements in a previously developed area.

The term includes substantial improvements and repairs to substantially damaged buildings.

“Replacement structure” means a new building placed in the same location, footprint, and orientation

as the pre-existing building.

“River” means the full length and width, including the bed and banks, of any watercourse, including riv-

ers, streams, creeks, brooks, and branches, which experience perennial flow. River does not mean con-

structed drainageways, including water bars, swales, and roadside ditches.

“River corridor” means the land area adjacent to a river that is required to accommodate the dimen-

sions, slope, planform, and buffer of the naturally stable channel and that is necessary for the natural

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maintenance or natural restoration of a dynamic equilibrium condition and for minimization of fluvial

erosion hazards, as delineated by the Agency in accordance with the ANR River Corridor Protection

Procedures.

10 V.S.A. § 1422(12).

“River corridor protection area” means the area within a delineated river corridor subject to fluvial ero-

sion that may occur as a river establishes and maintains the dimensions, pattern, and profile associated

with its dynamic equilibrium condition and that would represent a hazard to life, property, and infra-

structure placed within the area. The river corridor protection area is the meander belt portion of the

river corridor without an additional allowance for riparian buffers.

“Secretary” means the Secretary of Natural Resources or his or her authorized representative.

“Sediment regime” means the size, quantity, sorting, and distribution of sediments, which may differ

between stream types due to their proximity to different sediment sources, their hydrologic regime, their

stream, riparian and floodplain connectivity, and valley and stream morphology.

“Special flood hazard area” is synonymous with “flood hazard area” and “area of special flood hazard”

(44 C.F.R. § 59.1) and is the floodplain within a community subject to a one percent or greater chance of

flooding in any given year. This area is usually labeled Zone A, AO, AH, AE, or A1-30 in the most cur-

rent flood insurance studies and on the maps published by FEMA. Base flood elevations have not been

determined in Zone A where the flood risk has been mapped by approximate methods. Base flood ele-

vations are shown at selected intervals on maps of special flood hazard areas that are determined by de-

tailed methods. Please note, where floodways have been determined they may be shown on separate

map panels from the Flood Insurance Rate Maps.

“Start of construction” includes substantial improvements, and means the date the building permit was

issued provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement,

or other improvement was within 180 days of the permit date. The actual start means either the first

placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the

installation of piles, the construction of columns, or any work beyond the stage of excavation. Perma-

nent construction does not include land preparation, such as clearing, grading and filling; nor does it in-

clude the installation of streets and/or walkways; nor does it include excavation for a basement, footing,

piers, or foundations or the erection of temporary forms; nor does it include the installation on the prop-

erty of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the

main structure. For a substantial improvement the actual start of construction means the first alteration

of any wall, ceiling, floor, or other structural part of a building, regardless of whether that alteration af-

fects the external dimensions of the building.

“Structure” means a walled and roofed building, as well as a manufactured home, including gas or liquid

storage tanks.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restor-

ing the structure to its before-damaged condition would equal or exceed 50 percent of the market value

of the structure before the damage occurred.

“Substantial improvement” means any reconstruction, rehabilitation, addition, replacement, or other

improvement of a structure for which a building permit is issued after December 5, 2014, the cost of

These Procedures incorporate the river corridor delineation process defined in the ANR Flood Hazard Area

and River Corridor Technical Guide available at: http://dec.vermont.gov/watershed/rivers/river-corridor-

and-floodplain-protection/protection

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

which, over five years, cumulatively equals or exceeds 50 percent of the market value of the structure

before the “start of construction” of the improvement. This term includes structures which have in-

curred “substantial damage”, regardless of the actual repair work performed. The term does not, how-

ever, include either: (1) any project for improvement of a structure to correct existing violations of state

or local health, sanitary, or safety code specification which have been identified by the local code en-

forcement official and which are the minimum necessary to assure safe living conditions or (2) any alter-

ation of a “historic structure”, provided that the alteration will not preclude the structure’s continued

designation as a “historic structure”.

“Utility network” means above or below ground linear facilities subject to 30 V.S.A. § 248 or 248a.

11.0 REFERENCES

Brierley, G.J., and K.A. Fryirs. 2005. Geomorphology and River Management: Applications of the

River Styles Framework. Blackwell Publishing.

Brookes, A. 1988. Channelized Rivers; Perspectives for Environmental Management. John Wiley &

Sons, Chichester.

Castelle, A.J., A.W. Johnson, and C. Conelly. 1994. Wetland and Stream Buffer Requirements—A Re-

view. Journal of Environmental Quality 23:878-882 (1994).

Doyle, M.W., C.F. Rich, J.M. Harbor and A. Spacie. 2000. Examining the Effects of Urbanization on

Streams Using Indicators of Geomorphic Stability. Physical Geography. 2000, 21(2) 155-181.

Federal Emergency Management Agency (FEMA). 1999. Riverine Erosion Hazard Areas Mapping Fea-

sibility Study. Hazards Study Branch, Technical Services Division, FEMA.

Finkenbine, J.K., et al. 2000. Stream Health after Urbanization. Journal of the American Water Re-

sources Association, 36(5): 1149-1160.

Fisher, R.A., and Fischenich, J.C. (2000). “Design recommendations for riparian corridors and vegetated

buffer strips,” EMRRP Technical Notes Collection (ERDC TN-EMRRP-SR-24), U.S. Army Engi-

neer Research and Development Center, Vicksburg, MS. www.wes.army.mil/el/emrrp.

Fitzgerald, E. 2007. Linking Urbanization To Stream Geomorphology And Biotic Integrity In The Lake

Champlain Basin, Vermont. Master’s Thesis. University of Vermont. Burlington, VT

Galloway, G.E., et al. Assessing the Adequacy of the National Flood Insurance Program’s 1 Percent

Flood Standard. Water Policy Collaborative, University of Maryland, American Institutes for Re-

search, October 2006.

Huggett, R.J., 2003. Fundamentals of Geomorphology. Routledge Fundamentals Physical Geography.

Kline, M., C. Alexander, S. Pytlik, S. Jaquith and S. Pomeroy. 2007. Vermont Stream Geomorphic As-

sessment Protocol Handbooks. Vermont Agency of Natural Resources, Waterbury, VT.*

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

Kline, M. 2007. Vermont ANR River Corridor Planning Guide. Vermont Agency of Natural Resources,

Waterbury, VT.*

Lane, E.W. 1955. The Importance of Fluvial Morphology in Hydraulic Engineering. Proceedings of the

American Society of Civil Engineers, Journal of the Hydraulics Division, vol. 81, paper no. 745.

Lane, S. 1995. The Dynamics of Dynamic River Channels. Physical Geography Now. Geography, Vol-

ume 80(2), Pages 147-162.

Langendoen, E.J., A. Simon, L. Klimetz, N. Bankhead, and M. E. Ursic. 2012. Quantifying Sediment

Loadings from Streambank Erosion in Selected Agricultural Watersheds Draining to Lake Cham-

plain. USDA National Sedimentation Laboratory Technical Report 79.

Langendoen, E.J., A. Simon, N. Pollen, R.G. Williams, and R. Lowrance. 2006. A Comprehensive

Stream-Riparian Corridor Model To Study The Impact Of Riparian Buffers On Channel And Edge-

Of-Field Processes: Simulation Of Streambank Hydrology, Proceedings of the Third Federal Inter-

agency Hydrologic Modeling Conference. Reno, Nevada USA.

Leopold, L.B. 1994. A View of the River. Harvard University Press, Cambridge, MA.

Mitchell, E.R., J.W. Kirchner, and E.W. Larsen. 2004. Quantifying the Effects of Riparian Forest Versus

Agricultural Vegetation on River Meander Migration Rates, Central Sacramento River, California.

John Wiley & Sons, Ltd.. River Research Applications 20:537-548 (2004).

Pennsylvania Department of Environmental Protection. 2010. Riparian Forest Buffer Guidance. Volume

31, Tab 5, Document 394-5600-001.

Piegay, H. et al. 2005. A Review of Techniques Available for Delimiting the Erodible River Corridor: A

Sustainable Approach to Managing Bank Erosion. John Wiley and Sons, River Res. Applic. 21: 773-

789.

Rapp, C.F, et al. 2003. A Framework for Delineating Channel Migration Zones. Washington State De-

partment of Ecology and DOT, Ecology Final Draft Publication #03-06-027.

Riley, Ann L. 1998. Restoring Streams in Cities: A Guide for Planners, Policymakers and Citizens.

Washington DC: Island Press. p. 137. ISBN 1559630426.

Rosgen, D.L. 1996. Applied River Morphology. Wildland Hydrology. Pagosa Springs, CO.

Rosgen, D. 2006. Watershed Assessment of River Stability and Sediment Supply. Wildland Hydrology.

Ft. Collins, CO.

Simon, A., et al. 2006. Disturbance, stream incision, and channel evolution: The roles of excess

transport capacity and boundary materials in controlling channel response. Geomorphology 79

(2006) 361-383.

Simon, A.,

al. 2003. Lake Tahoe Basin Framework Implementation Study: Sediment Loadings and

Channel Erosion. National Sedimentation Laboratory Technical Report 39, USDA-ARS National

Sedimentation Laboratory, Oxford, MS.

Thorne, C.R., R.D. Hey, and M.D. Newson. 1997. Applied Fluvial Geomorphology for River Engineer-

ing and Management. John Wiley and Sons, Chichester, UK.

Thorne, C.R. 1998. Stream Reconnaissance Handbook: Geomorphological Investigation

and

Analysis

River Channels. John Wiley & Sons, Chichester, England. ·

Springston, G., 2007. Vermont Stream Bank Stability Manual, Draft, Norwich University,

May

2, 2007.

Ward, A.D. (2007). Technical supplement 14S: Sizing Stream Setbacks to Help Maintain Stream Stabil-

ity. In USDA-NRCS National Engineering Handbook Part 654 Stream Restoration Design.

Ward, A.

al. 2002. Sizing Stream Setbacks to Help Maintain Stream Stability. The Society

Engi-

neering

Agricultural, Food, and Biological Systems. 2002

ASAE

International

Mtg

, Chicago, IL.

Ward, A. 2001. Stream Stability Protection Setback. Ohio State University.

· Wenger,

1999. A Review

the Scientific Literature

Riparian Buffer Width, Extent, and Vegeta-

hon, Publication

the Office

Public Service and Outreach, Institute

Ecology, University

Georgia

Williams, G.P. 1986. River Meanders and Channel Size. Journal

ofHydrology

88:147-164.

*Publications

the Vermont Agency

Natural Resource, Rivers Program

staff

are published at:

http:

dec.vermont.gov/watershed/rivers

Dated this

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day

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2017

Montpelier, Vermont.

Depaiiment

Environmental Conservation

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 20 17

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

Appendix A

Exception to the River Corridor No Adverse Impact Standard for Improvements

Between Existing Improvements (See Section 7(a)(2)(B)(iv)(b))

(a) Background. In situations where existing improvements within the river corridor are in close

proximity to one-another, there may be constraints on the extent of lateral river channel migra-

tion. Improvements between existing improvements in close proximity to one another are not

expected to increase the existing risk of fluvial erosion hazards because the new improvements,

while potentially at risk themselves, will not result in further channelization practice.

(b) Standard. Improvements may be admissible between existing improvements, but must not: (i)

increase the existing level of fluvial erosion hazard or (ii) result in an increase in the length of

channel management or bank stabilization measures that may be sought to protect the existing

improvements in the future (in the event such property is threatened by fluvial erosion). To meet

these performance standards, improvements may be permitted within the river corridor under the

following conditions:

(1) Improvements must be located no closer to the river than a line as drawn between the two

points nearest to the top of the bank (as measured horizontally) of the two existing, adjacent,

above ground improvements, and

(2) Improvements must be located between or behind existing above ground improvements,

which are no further than 300 ft. from one-another (Figure 4). The area behind existing

above ground improvements shall be determined by finding the most upstream point and the

most downstream point of the two improvements and then drawing a line from each of those

two points away from and perpendicular to the river.

Existing below ground utility

(flow direction)

River

New improvements are admissible in the

River Corridor in the area between exist-

ing above-ground improvements in close

proximity to one-another.

New improvements are not admissible

in the River Corridor in the area be-

tween existing below-ground utilities.

River Corridor boundary

300 ft

Existing above ground improvements, in

close proximity to one-another

Figure 4. Red cross-hatched are showing where new improvements may be permitted between two

existing above ground improvements no more than 300 feet apart. This area for acceptable im-

provement may be considered in tandem with the shadow areas defined in Appendix B.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

Appendix B

Exception to the River Corridor No Adverse Impact Standard for Improvements in the

Down-River Shadow of an Existing Improvement (See Section 7(a)(2)(B)(iv)(b))

(a) Background. In situations where there is an existing improvement within the river corridor, iso-

lated from other improvements, there may be constraints on the extent of lateral river channel

migration. Limited improvements in the shadow of existing improvements, while potentially at

risk themselves, are not expected to increase the level of fluvial erosion hazard.

(b) Standard. Improvements must not: (i) increase the existing level of fluvial erosion hazard, or

(ii) result in an increase in the length of channel management or bank stabilization measures that

may be sought to protect existing improvements in the future (in the event such property is

threatened by fluvial erosion).

(1) To meet these performance standards, proposed improvement limited to accessory structures,

additions to existing habitable structures, or utilities may be permitted within the river corri-

dor under the following conditions:

(A) Limited improvements must be located no closer to the river than any existing above

ground improvement as measured horizontally from the above ground point of the im-

provement nearest to the top of bank, and

(B) Limited improvements must be located behind the existing above ground improvement

or may extend down valley from the existing above ground improvement up to 50 ft.

from the most river-proximal, down-valley corner of the existing above ground improve-

ment (Figure 5). The area behind an existing above ground improvement shall be deter-

mined by finding the most upstream point of the existing improvement and the point 50

ft. from the most river-proximal, down valley corner of the existing improvement and

then drawing a line from each of those two points away from and perpendicular to the

river.

(2) To meet these performance standards, existing below ground improvements may be consid-

ered in defining a shadow area for new and replacement below ground improvements (Figure

5). New and replacement below ground improvements that meet (b)(1) above or the follow-

ing conditions may be admissible within the river corridor:

(A) Any below ground improvement must be located no closer to the river than any existing

below ground utility as measured horizontally from the below ground point of the exist-

ing utility nearest to the top of bank;

(B) Any below ground improvement must be located behind the existing above ground im-

provement or may extend down valley from the existing below ground utility up to 50 ft.

from the most river-proximal, down-valley corner of the existing below ground im-

provement (Figure 4). The area behind an existing below ground improvement shall be

determined by finding the most upstream point of the existing improvement and the

point 50 ft. from the most river-proximal, down valley corner of the existing improve-

ment and then drawing a line from each of those two points away from and perpendicu-

lar to the river.

Vermont DEC Flood Hazard Area and River Corridor Protection Procedures

September 7, 2017

Figure 5. Red cross-hatched areas where new above and below ground improvements may be permitted

within 50 feet of the most downstream, river-proximal edge of an existing improvement. The 50 foot

shadow area is measured in the down valley direction from the furthest downstream edge of the existing

improvements. Shadow areas do not extend in the upstream direction.

Existing below ground utility

(septic system)

(flow direction)

River

Existing above ground improvement,

50 ft

New improvements are admis-

sible in the River Corridor in

the area shadowing an existing

above-ground improvement in-

cluding the area directly be-

hind the existing above-ground

improvement and extending

50 ft. down valley.

Shadow area admissible for

new or replacement below

ground utilities in the River

Corridor is the area directly

behind an existing below-

ground utility and extending

50 ft. down valley.

River Corridor boundary

isolated from other improvements