Panel weighs repeal of Fish and Wildlife fee‑setting authority amid access concerns

Legislative counsel Michael Grady told the House Ways & Means subcommittee on Wednesday that section 23 of the miscellaneous tax bill would remove the commissioner of Fish and Wildlife’s delegated authority to adopt rules setting fees for use of lands, roads, buildings and tuition for Green Mountain conservation camps. "It amends the commissioner's general duties, to strike the commissioner's authority to adopt and publish rules" for those fees, Grady said, and the bill as drafted would repeal the department rule that implements that authority.

The change would return fee‑setting to the state’s general fee statute in title 32, Grady said, meaning future fees would require legislative approval under the fee chapter rather than administrative rulemaking. Grady told members current fees in force would continue during any appeal process, and he recommended a minor wording change to cite the Code of Vermont Rules when repealing the implementing regulation.

Rob Kidd, state director of the Sierra Club in Vermont, urged caution and called for an open vetting process. "This is outrageous," Kidd said after the committee described the proposal, framing his objection around access and equity: he argued that modest‑sounding fees can become barriers to people who rely on free public land and suggested programmatic alternatives including private partnerships and targeted fundraising to offset access costs.

Committee members pressed staff on the practical implications. Grady noted the department’s existing rule defines a "license" broadly and permits a wide fee range; at points in the hearing the transcript cited fee ranges of a $50 minimum and up to $10,000 maximum under the rule. Members asked how a license would be carried or enforced for groups and whether commercial and noncommercial users would be treated differently.

Grady said the committee could rescind the delegations only by repealing the statutory authority and the implementing rule, and he told members the department expects to report back with recommended fees by Jan. 15, 2027. The chair also said the department may bring clarifying language to preserve camp tuition authority if the committee wants that exception to remain.

The committee did not vote on the measure on Wednesday and said it will take further testimony, including from the department and the LCAR attorney, at a later session. Members and witnesses agreed on the need for more detail about how any fee program would be administered and the likely number of affected users before lawmakers make a final policy decision.

The hearing continues; the committee recessed for a short break and will reconvene to take additional testimony.