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S 24

An act relating to stormwater management

2025-2026 Regular Session Introduced by Thomas Chittenden

S.24 updates Vermont stormwater rules to require permitting for larger impervious surfaces, gives municipalities new funding/control tools, and creates a fund to support local perm

Read 1st time & referred to Committee on Natural Resources and Energy
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Bill Summary · S 24

Summary of S.24 (2025-2026) – An act relating to stormwater management (Vermont)

What this bill aims to do

  • Modernize and extend stormwater permitting requirements and finance mechanisms in Vermont.
  • Provide municipalities with new authority and funding options to manage and retrofit stormwater systems.
  • Extend the timeline for certain permitting/compliance deadlines and create a dedicated fund to assist local communities with permitting-related needs.

Key provisions and changes

  • Permitting timeline and coverage

    • The bill expands and clarifies definitions related to stormwater, impervious surfaces, and regulated runoff.
    • A general permit framework would be created for discharges from impervious surfaces of three acres or more, with a specific implementation schedule by geographic area.
    • Existing prohibition: construction or redevelopment of 0.5 acre or more of impervious surface requires a permit.

  • Municipal role and fees

    • When a municipality assumes full legal responsibility for a stormwater system, it may be exempted from certain permit requirements under a Secretary-issued permit.
    • Municipalities that assume full responsibility may assess municipal impact fees on stormwater system users, provided the fees fairly reflect the cost/benefits received by users.

  • Three-acre impervious surface deadline extension

    • For impervious surfaces in the Lake Champlain and Lake Memphremagog watersheds (and stormwater-impaired waters), the implementation/coverage deadlines under the general permit are phased with specific dates (e.g., earlier deadlines for certain watersheds; later deadlines for others).

  • Local Community Implementation Special Fund (new)

    • Establishes a dedicated fund to provide grants to municipalities for stormwater permitting of residential subdivisions or orphan systems.
    • Fund sources include an annual minimum appropriation of $1,000,000 from the Clean Water Fund, plus potential private gifts and other sources.
    • Eligible recipients include municipalities assuming control of stormwater systems with orphan or residential subdivisions, or those agreeing to co-apply for permits.
    • Applications accepted annually with a priority on timing constraints and greatest pollutant-load reductions.
    • Biennial reporting on fund operations to House and Senate environment committees.

  • Orphan stormwater systems

    • Defines an “orphan” stormwater system as one serving a residential subdivision, with an expired or absent permit, where the original permittee is no longer associated with the system.

  • Funding allocations and prioritization (Clean Water Fund)

    • The bill shapes how Clean Water Fund resources are allocated, prioritizing:
    • Grant support to clean water providers and residents/municipalities for permit-related costs and maintenance.
    • Water quality restoration and agricultural water quality programs.
    • Basin planning, education, and outreach.
    • Riparian/flood-risk reduction projects and innovative water quality technologies.
    • Projects to purchase agricultural land to reduce runoff where BMPs cannot remediate water quality.

  • Revenue and surcharge provisions (revisions to existing acts)

    • Adjusts the timing for the transfer of clean water surcharge revenue intended for the Vermont Housing and Conservation Trust Fund.
    • The surcharge originally set to collect starting July 1, 2017, with a staged transfer/allocations to the Vermont Housing and Conservation Trust Fund are amended to extend certain transfers into 2036 and beyond, and ultimately repealing the surcharge on July 1, 2039.

  • Sewer and water rate considerations (municipal billing)

    • The bill allows municipal boards to set rates and charges for sewer services, including rules for charging based on metered usage, equivalent residential units, and other equitable methods, with explicit mention of using impervious surface area as a metric in some cases.

Who would be affected

  • Municipalities and municipal systems

    • Potentially responsible for stormwater permitting if not fully assumed, or if they assume full responsibility and operate MS4 (municipal separate storm sewer system) permits.
    • Eligible to receive state grants from the Local Community Implementation Special Fund for stormwater permitting-related projects, especially for orphan systems or residential subdivisions.

  • Property owners and developers

    • Impervious surface projects (new development or redevelopment) would face permitting requirements and potential stormwater impact fees when applicable.
    • Those in municipalities that adopt the full-responsibility framework could see new or adjusted fees to cover stormwater system costs.

  • Environmental programs and stakeholders

    • Agencies managing the Stormwater Management Manual, offsets, and phosphorus trading would have new or clarified authorities to implement standards and fees.

Timelines and procedural notes

  • General permit implementation timeline

    • After the Secretary adopts required stormwater rules (by December 31, 2017, per the bill’s language), a general permit for three-acre-or-more impervious surfaces must be issued within 120 days and implemented by geographic area according to a schedule.
    • Deadlines for coverage:
    • Lake Champlain and Lake Memphremagog watershed areas: earliest deadlines include October 1, 2023; others by 2028.
    • All other watersheds: by October 1, 2033.

  • Effective date of the act

    • The act is slated to take effect on July 1, 2025.

  • Surcharge and transfer terms (existing provisions)

    • The bill revises the effective dates and transfer amounts related to the clean water surcharge and the Vermont Housing and Conservation Trust Fund, with long-term implications through 2039 (surcharge repeal).

Bottom line

S.24 seeks to modernize Vermont’s stormwater permitting framework, provide financial support and flexibility to municipalities, create a dedicated fund to aid local stormwater permitting, and extend timelines for certain permitting obligations. It balances stricter permitting for larger impervious surfaces with local control through municipal responsibility and fees, while directing Clean Water Fund resources toward permit compliance, watershed restoration, and innovative water quality solutions.

Compiled from official sources — confirm details with the bill’s official record.

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