§ 4813. Basin management; appeals to the Environmental Division

(a) The Secretary of Agriculture, Food and Markets shall cooperate with the Secretary of Natural Resources in the basin planning process with regard to the agricultural non-point source waste component of each basin plan. Any person with an interest in the agricultural non-point source component of the basin planning process may petition the Secretary of Agriculture, Food and Markets to require, and the Secretary may require, best management practices in the individual basin beyond required agricultural practices adopted by rule, in order to achieve compliance with the water quality goals in 10 V.S.A. § 1250 and any duly adopted basin plan. The Secretary of Agriculture, Food and Markets shall hold a public hearing within 60 days and shall issue a timely written decision that sets forth the facts and reasons supporting the decision.

(b) Any person engaged in farming that has been required by the Secretary of Agriculture, Food and Markets to implement best management practices or any person who has petitioned the Secretary of Agriculture, Food and Markets under subsection (a) of this section may appeal the Secretary of Agriculture, Food and Markets' decision to the Environmental Division de novo.

(c) When requiring implementation of a best management practice, the Secretary shall inform a farmer of the resources available to assist the farmer in implementing the best management practice and complying with the requirements of this chapter. (Added 1991, No. 261 (Adj. Sess.), § 4; amended 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 78, § 3, eff. June 24, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2015, No. 64, § 14.)