[{"_1":2,"_98":-5,"_99":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},"mediaId",6243117,"mediaKeyId","3242638-b21dfaad8590e7e54d2210ef116e0982","parentId",3242638,"title","Fish & Wildlife rule package would ban some reptile/amphibian sales and add enforcement tools; agency and advocates debate \"intentional\" language","audioSeconds",2696,"startMs",4018000,"endMs",6714000,"viewUrl","/Search/View?dp=1&key=3242638-b21dfaad8590e7e54d2210ef116e0982&start=4018&end=6714","thumbnailUrl","https://assets.pipeline.soar.com/3242638-b21dfaad8590e7e54d2210ef116e0982/thumbnail_4018000.jpg","articleUrl","/articles/6243117/Vermont/Fish-Wildlife-rule-package-would-ban-some-reptileamphibian-sales-and-add-enforcement-tools-agency-and-advocates-debate-intentional-language","mediaUrl","https://secure.pipeline.soar.com/6243117-e20f7818a2c6467bfc04b0d6a013445a/orig.mp4?Expires=1771136113&Signature=GXYolbfdrXrCxQojQnku2ThR6sPAxA5rv461jmWmkJ9NhHRiebViCgGXwmnxEt3-xXLyLWjYQ7RBpsAgW~NkriAeNZvprQX0pzLMPiszNXXSDRu-w1p-0zw5th6SGlgZBsZh74q~CkMoIBqvA5O8L18lWpYnzopF7Bsv-lVWA3rhsJp2-vHnQXrjtDZ09r9-FuIfjzE4dCh8wAigWNe8Pbw8z-j5EL~-eeeSd7GMd15fU9-s0koS9gb6u4ZTPZ2XtMopRsHXPtMHGza0DfJZocFDQ2AkMs1IM2dkWdVsdzMJDu2yC7rXHB4c0WvIl1FvK97afBw2Iznp5H5uoB0sWg__&Key-Pair-Id=KUT5TJCACFTXG","author","","date","2025-05-09T04:08:53Z","article","The Department of Fish & Wildlife told the Natural Resources & Energy Committee on Thursday that a draft rule package would expand protections for reptiles and amphibians, add enforcement tools and penalties, and create confidentiality for sensitive threatened-species locations.

\"Presently in Vermont, you cannot possess any live wild animals. … But beyond that, snakes and turtles and products have no protection,\" the department's enforcement director, Justin, told the committee as he described the new provisions and the law-enforcement rationale for them.

What the draft does: The package discussed (referred to in committee as 02:30 / proposed into 02:31) would:
- Prohibit commercial possession, sale and certain taking of reptiles and amphibians unless authorized by department rule.
- Create civil-penalty options and expand the department's enforcement tools for high-value or commercial-scale removal of turtles, snakes and other species.
- Explicitly prohibit particular nonnative species (for example, pond sliders) from sale or distribution, while carving a limited transition for existing legally acquired pets and for licensed dealers in possession at a specified cutoff date.
- Require the department to develop a species-specific confidential list of locations (for example, bat hibernacula or sensitive breeding sites) that would not be made public in regulatory proceedings to reduce risk to those sites.

Enforcement concerns and an \"intentional\" element: Colonel Justin (director of the wardens) said the House added language requiring proof of \"intentional\" taking in some provisions. Wardens and prosecutors told the committee that inserting \"intentionally\" as an element can make enforcement difficult. As Justin summarized, \"proving intent beyond a reasonable doubt is next to impossible,\" citing an older Vermont Supreme Court decision the department reviewed.

The department and its attorney, Hannah Smith, told the committee the ban language now in the House bill largely overlaps with the department's original rulemaking authority and that some drafted sections could therefore be redundant. \"With the language that prohibits the taking of reptiles and amphibians, this does become largely redundant because for the most part, you already in line. You cannot transport or possess a a live lab that you have,\" Hannah Smith said, adding that taxidermy sales were not intended to be banned and could be handled by exemptions.

Pond sliders concern: Committee members and the department flagged a transition-window problem for pet dealers if the statute bans sale of pond sliders after a set date. Officials supported language that would allow licensed dealers a limited time to sell legally acquired stock rather than abandon animals to avoid noncompliance.

Costs, penalties and scope: The department asked the committee to consider raising fines for some big-game and wildlife violations to better reflect the black-market value of trafficked animals and to provide appropriate deterrence. The committee also discussed whether civil enforcement under the environmental court should be available for severe commercial-scale trafficking.

Next steps: The department and stakeholders agreed to revisit the draft language on the intentionality standard and the transition language for pet dealers, and to refine which species and activities the rules would cover before the committee finalizes a recommendation.","mediaType","Video","parentTitle","Senate Natural Resources and Energy 05-08-2025-900","oneSentenceSummary","The Department of Fish & Wildlife told the Natural Resources & Energy Committee on Thursday that a draft rule package would expand protections for reptiles and amphibians, add enforcement tools and penalties, and create confidentiality for sensitive threatened-species locations.","taxTitle","Natural Resources & Energy, SENATE, Committees, Legislative , Vermont","taxId",48480,"location","Vermont","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6243112,"Senate, advocates and industry reach compromise on salt program; affirmative-defense approach would reward certified applicators",2977,7551000,10528000,"/Search/View?dp=1&key=3242638-b21dfaad8590e7e54d2210ef116e0982&start=7551&end=10528","https://assets.pipeline.soar.com/3242638-b21dfaad8590e7e54d2210ef116e0982/thumbnail_7551000.jpg","/articles/6243112/Vermont/Senate-advocates-and-industry-reach-compromise-on-salt-program-affirmative-defense-approach-would-reward-certified-applicators","https://secure.pipeline.soar.com/6243112-3982f3956f6cacddaa9a0406fbb63cb9/orig.mp4?Expires=1771136113&Signature=hdNcc4LBUAjwtxz5AXnRvDXSicbUoG9gUeZ~tfZ1HBSU~VOaxFIHmA9AweSWbtA6ffRV6Nvo1IwtdiAshVdM9-oP2iO2AA7zqtkMMRGeygijWXKl77EzKT1Sto6j-O9LGZC-zVcSR~ySovvWGe-8wuVRzAZcpZdU63~g4RqUmduTIUudc1s2vZ5e4h5WOzG9QXIQGHP9caZS8WsEbGRt4R6dXRxHV6Sxcug2l7uqRzmOnDAzagP5MEE6IQ0SA1m1YXB5CCKh1qeH6sDTa~WM0g774h8BWqD--vCafkiQGoQNXxPo~a~pJb-w~3BkAYX12zxeD-OdKKn6UnEhIJnsiQ__&Key-Pair-Id=KUT5TJCACFTXG","Senators, agency staff and stakeholders said on Thursday they reached a working compromise on a package to reduce road-salt impacts that would create a voluntary Agency of Natural Resources (ANR) certification and training program, require BMPs by rule, and give certified commercial applicators an affirmative defense in civil claims when they meet the standards.

\"What we landed on eventually, was the affirmative defense approach, which is which is a carrot ... a solid compromise,\" the Senate Judiciary chair told the committee, summarizing yesterday's agreement and the compromise between business and environmental interests.

Program basics and standard-setting: Under the draft the committee reviewed, ANR would establish a voluntary education, training and certification program for commercial salt applicators and offer an approved winter-maintenance curriculum for municipal road crews. Best management practices (BMPs) for application and storage would be adopted by rule under the Administrative Procedure Act, not by internal procedure, so stakeholders would have an opportunity to participate in rulemaking.

Affirmative defense versus limited liability: The committee discussed two liability approaches. Earlier proposals sought broader limited-liability protection for certified applicators; after negotiations the package uses an affirmative-defense model. The draft says a certified commercial applicator (or owner, manager, municipal applicator who is certified) \"shall have an affirmative defense against liability for damages resulting from a hazard caused by snow or ice\" if the applicator shows they were certified, followed the BMPs, and that any failure to remove a hazard resulted from following the BMPs. The defense does not apply to conduct rising to gross negligence or reckless disregard, and certified applicators must retain winter-maintenance records for three years.

Reporting, outreach and storage inventory: The bill would require ANR to produce an annual summary estimate of total winter salt use and to establish methods for estimating application by certified commercial applicators. ANR would also conduct outreach and education to applicators and the public about alternatives and best practices. Instead of an immediate statutory requirement to cover salt storage sites, the compromise directs ANR to inventory salt and sand storage facilities (municipal and state), estimate how many are covered, and estimate costs to cover or relocate facilities; the inventory is intended to inform future funding and any cover mandates.

Funding and implementation questions: ANR staff told the committee the program needs a coordinator and resources for outreach, rulemaking and certification. Committee members debated whether to make the program contingent on an appropriation or to include a position and funding in statute; some members favored statutory language that makes clear ANR is not required to establish the program unless a position and appropriation are provided.

Stakeholder views: Industry and business groups welcomed clarity on standards and the affirmative-defense approach. \"This bill codifies the piece of common law, affirmative defense that provides business clarity. It's a good step forward,\" said Adam McCrassy of the McCrassy Group, representing plaintiffs' counsel and emphasizing the importance of definable standards of care in tort law.

Next steps: Committee staff said they will refine language to ensure the voluntary program, certification fees, and any administrative position are workable and will coordinate with appropriations and ANR on funding options. Members also asked ANR to return with the inventory results and cost estimates to inform any future cover requirements.","Senators, agency staff and stakeholders said on Thursday they reached a working compromise on a package to reduce road-salt impacts that would create a voluntary Agency of Natural Resources certification and training program, require BMPs by rule, and give certified commercial applicators an affirmative defense in civil claims when they meet the standards.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":91,"_47":92,"_49":93,"_51":94,"_53":95,"_55":56,"_57":58,"_59":96,"_61":62,"_63":64,"_65":97,"_67":68,"_69":70,"_71":72,"_73":56,"_74":56},6243121,"Judge warns proposed change to zoning appeals standing would broaden who can sue",0,3395000,"/Search/View?dp=1&key=3242638-b21dfaad8590e7e54d2210ef116e0982&start=3395&end=3395","https://assets.pipeline.soar.com/3242638-b21dfaad8590e7e54d2210ef116e0982/thumbnail_3395000.jpg","/articles/6243121/Vermont/Judge-warns-proposed-change-to-zoning-appeals-standing-would-broaden-who-can-sue","https://secure.pipeline.soar.com/6243121-ae9b5c782d8d1f857164774f415c280f/orig.mp4?Expires=1771136113&Signature=A5nB1HseoFjwXQH6QymDtKEFRU-djnAcC-YMAk-xvzawQwy6UUurN3AVfoeaKJEbq-tp-HEPys3izovvlge83fvMjIKilBQ6mqKgnPlP59NN034Cfxu8pxj-uflXSm5WAuIpezbnSUP8fcYBCJDoYlvJtoanIw9a1Re621of~i4cVjA-EnDbS66ngXGundF7tgJqCJR-gSGh65w7KK8iFLMIrfL39w7rPL1ZfvQKmInN7sdlQmJ9v1fw5CDwSY3FhvSyw8LIfrW4zbYyFOynAqcZEVf7MEHsP-cKKp53CC4qFNKqvkb7hi7GVsD3IHe22Poye3o5xk4x0ljVzAChMQ__&Key-Pair-Id=KUT5TJCACFTXG","Chief Superior Judge Tom Zote told the Natural Resources & Energy Committee Thursday that draft language in H.479 replacing the current \"interested person\" test for municipal zoning appeals with a \"person aggrieved\" standard tied to 24 V.S.A. § 4302 would broaden who can seek review.

\"So I want to be very clear. The decisions as to the matters we'll talk about today are policy decisions for the legislation. You will decide how what the appeal look like. ... Wherever you decide that, we will implement, and we will do it in a timely fashion that provides due process to the parties and applies facts to the law that the legislature has,\" Judge Zote said.

The draft replaces the statutory definition that an \"interested person\" is someone who owns or occupies property in the immediate neighborhood and can show a physical or environmental impact, or a petition by a group (historically 10 or 20 people). Instead, the bill would treat a \"person aggrieved\" — someone who alleges an injury to a particularized interest protected by law — as the standard for appeals under 24 V.S.A. chapter 117, and cross-references the long list of goals in 24 V.S.A. § 4302.

Why it matters: Judge Zote said the goals listed in 24 V.S.A. § 4302 (for example, preserving settlement patterns, expanding economic opportunities, and providing safe and efficient transportation) are broad and do not themselves set out protected interests. \"If you say to yourself, 'boy, that seems like it might be quite broad' — it is,\" he cautioned, saying courts would be asked to define those terms over time.

Zoning-standing background: Under current practice the statutory \"interested person\" test overlaps with constitutional standing. The judge reminded the committee that even under present subsection b(3) or a petition by multiple people, courts have required a particularized injury; the environmental division has dismissed appeals that present only generalized grievances. He cited past decisions (for example, Capital Plaza and Buford-type rulings) as examples where courts required a particularized injury even when the statutory criteria were met.

Committee members pressed Judge Zote on how the change would affect the number of appeals. Judge Zote warned that removing the neighborhood-and-physical-impact requirement would likely increase the pool of people who claim to be \"aggrieved\" — for example, residents across town alleging economic or other impacts tied to any of the § 4302 goals — and that judges and the appellate process would need time to build case law defining the new boundaries.

Judge Zote also noted the bill's docketing language that would prioritize appeals involving housing development. He said environmental-division judges already try to move housing-related cases quickly and expressed concern about statutory language that explicitly makes certain appeals take precedence on dockets because it could be perceived as ranking the importance of parties' cases. \"We can manage it without this language, and I think it works well,\" he said.

What the committee asked for next: Committee members requested copies of the Capital Plaza and related environmental-division decisions Judge Zote referenced and said they would continue to coordinate with the Senate Economic Development committee, which still had the bill under active consideration.

Ending: Judge Zote emphasized that the committee's choices are policy decisions and that the courts will administer and interpret whatever the Legislature enacts, but warned that expanding standing will likely prompt litigation to clarify the new statutory standard.","Chief Superior Judge Tom Zote told the Natural Resources & Energy committee that draft changes to standing for municipal zoning appeals (in H.479) would replace an \"interested person\" test with a broader \"person aggrieved\" standard tied to 24 V.S.A. § 4302 goals, likely expanding who can file appeals and prompt litigation to define the new terms.","actionData","errors"]

Article not found

Fish & Wildlife rule package would ban some reptile/amphibian sales and add enforcement tools; agency and advocates debate "intentional" language

Senate, advocates and industry reach compromise on salt program; affirmative-defense approach would reward certified applicators

Judge warns proposed change to zoning appeals standing would broaden who can sue