The goal of the Enforcement Program of the NRB is to address Act 250 violations across Vermont under the Uniform Environmental Law Enforcement Act (10 V.S.A. Chapter 201) in a comprehensive, fair, and evenhanded manner in order to protect the environment, public health, and the integrity of the Act 250 program. Act 250 enforcement is also intended to prevent any unfair economic advantage gained through violations, and deter repeated violations of Act 250. In furtherance of these goals, the NRB promotes compliance with Act 250 both by enforcing the specific conditions in Land Use Permits issued by the District Commissions and by requiring that projects which are subject to the Act’s jurisdiction obtain Act 250 permits.
The Enforcement Program is directed by the Chair of the NRB and is implemented through the NRB attorneys and the NRB Compliance and Enforcement Officers. Enforcement actions may conclude in a negotiated settlement or, if contested, an Order from the Superior Court, Environmental Division. These actions seek compliance with permit conditions, the filing of permit applications, remediation, and the imposition of civil penalties, as necessary.
Public Participation in Enforcement Proceedings
Public Notice and Opportunity to Comment on Proposed Actions
Pursuant to the public participation provisions of 10 V.S.A. § 8020, the NRB posts proposed administrative enforcement actions (Proposed Administrative Orders, Assurances of Discontinuance, and Citations) on this website for a 30-day public comment period. During that period, any person may submit written comments to the NRB concerning the proposed enforcement action. All written comments will be posted on the Enforcement Actions (Public Comments) page. The NRB reviews all comments which are timely submitted, and determines whether to withdraw the action, or file the action, including all written comments with the Superior Court, Environmental Division.
Enforcement Actions Filed in Court
The NRB posts all enforcement actions online when they are filed with the Court. Any aggrieved person who has filed a written comment with the NRB on the proposed enforcement action may ask the Court for permission to intervene to show that the action is insufficient to carry out the goals of the Uniform Environmental Law Enforcement Act (10 V.S.A. Chapter 201). To do so, the aggrieved person must file a motion for permissive intervention with the Court within 14 days of the date that the NRB files the enforcement action at the Court.
Please contact the Court for the official filing date.
Vermont Superior Court
Environmental Division
32 Cherry Street, 2nd Floor, Suite 303
Burlington, VT 05401
Tel. (802) 951-1740
Environmental Division Website
Additional information on environmental enforcement actions can be found in the Uniform Environmental Law Enforcement Act, 10 V.S.A. Chapter 201, §§ 8001-8021.