§ 2828. Project scoping process

(a) Applicability. This section shall govern all applications for permits, certifications, or other authorizations, except for professional licenses, issued by the Department of Environmental Conservation or under 10 V.S.A. chapter 151.

(b) Determining project scope. An applicant for any permit, certification, or other authorization, except for a professional license, issued by the Department of Environmental Conservation or a District Environmental Commission may request to engage in a project scoping process. If a project scoping request is made, the Department of Environmental Conservation and, if appropriate, the District Coordinator shall prepare a project review sheet based on information submitted by the applicant. The project review sheet shall indicate:

(1) a brief description of the project and all permits necessary for the project;

(2) whether a land use permit is required by chapter 151 of this title; and

(3) a project identification number assigned by the Secretary, for use on all applications, notices, permits, and decisions issued by the Secretary.

(c) Project review sheet. The project review sheet shall be prepared based on the information submitted by the project applicant. If, based on supplemental information, or for other good cause, the Secretary determines that a project will require other permits or the District Coordinator determines that a land use permit under chapter 151 of this title is required, notwithstanding the fact that the permit requirement did not appear on the initial project review sheet, the project review sheet shall be amended. Any failure by the applicant, Secretary, or a District Coordinator to identify on the project review sheet a required permit or authorization issued by the Secretary, or a land use permit issued under 10 V.S.A. chapter 151, shall not constitute a waiver of jurisdiction.

(d) Project scoping meeting. If the applicant elects to initiate a project scoping process upon completion of the project review sheet or submittal of the first permit application at either the local or State level, the applicant shall schedule a project scoping meeting.

(e) Notice of project scoping meeting. The applicant shall notice the proposed project scoping meeting, at least 30 days prior to the date of the meeting, by sending a copy of the project review sheet by first class mail, postage prepaid, to each of the following: the owner of the land where the project is located if the applicant is not the owner; the municipality in which the project is located; the Municipal and Regional Planning Commissions for any municipality in which the project is located; if the project site is located on a boundary, any Vermont municipality adjacent to that boundary and the Municipal and Regional Planning Commissions for that municipality; any state agency identified on the project scoping sheet as being affected by the project; and all adjoining landowners and residents. In addition, the applicant shall assure that this notice is published in a newspaper of general circulation in the area of the proposed project. The applicant shall furnish by affidavit to the Secretary the names of those furnished notice.

(f) Project scoping meeting. The applicant or a representative of the applicant shall be present at the meeting. The following persons should be present at the scoping meeting: the Secretary or the Secretary's designee; the District Coordinator, if the proposed project will require a land use permit under 10 V.S.A chapter 151; and a representative of a local permitting authority or a member of the selectboard of the town in which the project is located, if no local permitting authority exists. No person who is to participate as a decision maker on a municipal panel that will consider an application related to the project that is subject of the scoping meeting may act as a municipal representative under this subsection. At the meeting, the applicant or a representative of the applicant shall present a description of the proposed project and be available for questions from the public concerning the proposed project. The purpose of the meeting shall be to provide public information and increase notice about the project, allow discussion of the proposed project, and identify potential issues at the beginning of the project review process. The applicant shall provide copies of the project review sheet to persons attending the meeting. (Added 2003, No. 115 (Adj. Sess.), § 6.)