Vermont law 10 VSA 123 (Protection of Endangered Species) prohibits the taking, possessing, or transporting of state-threatened and state-endangered plants and animals. The law is administered by the Non-game and Natural Heritage Program of the Vermont Fish and Wildlife Department (VFWD) through the Vermont Threatened and Endangered Species Rule, which lists the plant and animal species protected by the law.
When It Is Required
The law applies to all persons including the state. Permit processes including Vermont's Land Use Development Law (Act 250), Vermont Wetlands Permit, Army Corps Section 404 Permit, Stream Alteration Permit, and the Dam Safety Permit all require clearance from the Natural Heritage Program to satisfy the requirements of the Vermont Endangered Species Act. If there are Vermont-listed threatened or endangered species that will be affected by the project, an Endangered and Threatened Species Taking Permit may be needed.
Review of projects is handled by region, and a map of reviewers is on the VFWD website. The applicant sends a brief description and a site locator map with the location clearly marked, preferably on a USGS map, to the appropriate contact. The applicant should indicate which regulatory process the project is going through. Site plan(s) may be requested if there are resource constraints.
Endangered and Threatened Species Taking Permit application forms are on the VFWD website. The application form requires details about the nature of the project, the species to be affected, and the mitigation or conservation efforts that will be carried out. If plant or animal surveys or transplantation efforts are required, a botanist or wildlife biologist typically would provide these services. If a permit may be needed, first contact the VTrans permit specialist or biologist regarding the appropriate procedures. Permit applications are typically prepared in consultation with VTrans and VFWD staff.
Regulatory programs with overlapping jurisdiction with the Vermont Endangered Species Act include, but are not necessarily limited to, the following:
US Endangered Species Act: The federal government regulates impacts to federally listed threatened and endangered species via the Endangered Species Act. There are many more state endangered plants and animals than there are federally listed species, and all species on the federal list are also on the state list.
Most permit programs require consultation with VFWD to satisfy requirements of the Vermont Threatened and Endangered Species Act.
For More Information
Vermont Fish & Wildlife Department
1 National Life Drive, Davis 2
Montpelier, VT 05620-3702
Vermont ANR Natural Resources Atlas – provides information about the presence of rare species – does not provide the species name.