BILL AS INTRODUCED H.276
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H.276 1
Introduced by Representative Sheldon of Middlebury 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; State land; wildlands 5
Statement of purpose of bill as introduced: This bill proposes to designate 6
certain lands as State wildlands and create a process for the designation of 7
State wildlands in the future. 8
An act relating to the designation of State wildlands 9
It is hereby enacted by the General Assembly of the State of Vermont: 10
Sec. 1. SHORT TITLE 11
This act may be cited as the “Vermont Climate Resilience and State 12
Wildlands Act.” 13
Sec. 2. FINDINGS 14
The General Assembly finds: 15
(1) The planet is facing the consequences of climate change and the 16
catastrophic loss of biodiversity, both globally and locally. 17
(2) Intact and connected ecosystems reduce flood risks, mitigate 18
drought, sequester and store carbon, and support Vermont’s biodiversity and 19
clean water. 20 BILL AS INTRODUCED H.276
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(3) Vermont’s most effective and efficient contribution to conserving 1
biological diversity and maintaining a landscape resilient to climate change is 2
to conserve an intact and connected landscape. 3
(4) The Department of Fish and Wildlife, working within the Agency of 4
Natural Resources and with Vermont conservation organizations, has 5
developed Vermont Conservation Design, a framework to sustain the State’s 6
ecologically functional landscape into the future. 7
(5) Vermont Conservation Design finds that: 8
(A) historically, the vast majority of Vermont’s landscape was old 9
forest, and it is the original habitat condition for many species; 10
(B) the State’s native flora and fauna that have been here prior to 11
European settlement are adapted to this landscape of old, structurally complex 12
forest punctuated by natural disturbance gaps and occasional natural openings 13
such as wetlands or rock outcrops; 14
(C) the complex physical structure of old forests creates diverse 15
habitats, many of which are absent or much less abundant in younger forests; 16
(D) as a result of the persistent structural and vegetative complexity 17
above ground and the diverse biome belowground and associated complex 18
biotic and abiotic relationships that develop over time, old forests also protect 19
water quality, sequester and store carbon, provide opportunities for adaptation 20
of species and community relationships to climate and other environmental 21 BILL AS INTRODUCED H.276
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changes, and set an ecological benchmark against which to measure active 1
management of Vermont’s forests; 2
(E) although there are small patches of old forest scattered around the 3
state, old forest is absent in Vermont as a functional component of the 4
landscape; 5
(F) allowing about nine percent of Vermont’s forest to become old 6
forest will bring this missing component back to Vermont’s landscape and 7
offer confidence that species that benefit from or depend on this condition can 8
persist; and 9
(G) in most forests, passive restoration will result in old forest 10
conditions. 11
(6) Only approximately four percent of Vermont and three percent of 12
New England are managed as ecological reserves as defined in 10 V.S.A. 13
chapter 89, to assist with restoration of old forests. 14
(7) State lands provide only two percent of Vermont’s average annual 15
timber harvest volume. 16
(8) Ninety percent of State lands are located in forested headwater 17
settings, which are particularly susceptible to generating runoff during storm 18
events, given their topography and geologic setting. 19 BILL AS INTRODUCED H.276
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(9) 2023 Acts and Resolves No. 59 called for prioritizing ecological 1
reserve areas to protect highest priority natural communities and maintain or 2
restore old forests. 3
(10) To meet the goals of 2023 Acts and Resolves No. 59, the State of 4
Vermont requires a statutory landscape designation to facilitate the 5
establishment of ecological reserves on State lands. 6
Sec. 3. 10 V.S.A. chapter 90 is created: 7
CHAPTER 90. STATE WILDLANDS 8
§ 2810. PURPOSE 9
The purpose of this chapter is to ensure, for the benefit of current and future 10
generations of Vermonters, and for the entire community of life in the Green 11
Mountain State, an enduring resource of publicly owned wildlands. 12
§ 2811. DEFINITIONS 13
As used in this chapter: 14
(1) “Conversion” has the same meaning as in section 2801 of this title. 15
(2) “Core area” means an administrative land management designation 16
used by the Agency of Natural Resources in Long Range Management Plans 17
for State lands. 18
(3) “Highest priority natural communities and habitat features” means 19
conservation targets, critical for an ecologically functional landscape, that are 20
identified in the Agency of Natural Resource’s Vermont Conservation Design. 21 BILL AS INTRODUCED H.276
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(4) “Land Management Classification 1.0, Highly Sensitive 1
Management” means an administrative land management designation used by 2
the Agency of Natural Resources in Long Range Management Plans for State 3
lands. 4
(5) “Land Management Classification 4.0, Intensive Management” 5
means an administrative land management designation used by the Vermont 6
Agency of Natural Resources in Long Range Management Plans for State 7
lands. 8
(6) “Natural area” has the same meaning as in section 2607 of this title. 9
(7) “Skiable line” means the path taken by a skier or rider as they ski 10
through trees or around obstacles. 11
(8) “Wildlands” means a land management designation within the 12
category of Ecological Reserves as defined in section 2802 of this title, of any 13
size and current condition, permanently protected from conversion and 14
explicitly intended and managed to allow natural processes to prevail. 15
§ 2812. DESIGNATION OF STATE WILDLANDS 16
The following areas are designated as State wildlands, except as described 17
in section 2814 of this chapter: 18
(1) all State-managed natural areas and core areas; 19
(2) all areas designated as Land Management Classification 1.0, Highly 20
Sensitive Management as of January 1, 2025; 21 BILL AS INTRODUCED H.276
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(3) all highest priority natural communities and habitat features 1
identified by Vermont Conservation Design on State lands; 2
(4) Bomoseen State Park; 3
(5) Camel’s Hump State Park; 4
(6) Coolidge State Park; 5
(7) Elmore State Park; 6
(8) Green River Reservoir State Park; 7
(9) Mt. Ascutney State Park; 8
(10) New Discovery State Park; 9
(11) Camel’s Hump State Forest; 10
(12) CC Putnam State Forest; 11
(13) Coolidge, Jeffords, and Aitken State Forests; 12
(14) Groton State Forest; 13
(15) Jay State Forest; 14
(16) Long Trail State Forest; 15
(17) LR Jones State Forest; 16
(18) Mt. Carmel State Forest; 17
(19) Mt. Mansfield State Forest; 18
(20) Okemo State Forest; 19
(21) Townshend State Forest; 20
(22) Victory State Forest; 21 BILL AS INTRODUCED H.276
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(23) Willoughby State Forest; and 1
(24) Levi Pond Wildlife Management Area. 2
§ 2813. MANAGEMENT OF STATE WILDLANDS 3
(a) Notwithstanding any other provision of law to the contrary, the Agency 4
of Natural Resources (ANR) shall manage State wildlands as follows: 5
(1) The areas shall be permanently protected from conversion. 6
(2) ANR shall allow natural processes to prevail with minimal human 7
interference. 8
(3) There shall be no vegetation management, including timber 9
harvesting, pruning, cutting, herbicide application, salvage logging, or removal 10
of diseased or infected trees. 11
(4) There shall be no alteration of surface waters, groundwater, or 12
wetlands, including damming, draining, filling, diverting, or channelizing. 13
(b) This chapter shall not govern the Agency of Natural Resources’ 14
management of: 15
(1) trail-based recreation; 16
(2) existing Class A and B roads as of January 1, 2025, designated 17
according to Department of Forests, Parks and Recreation Policy #13; 18
(3) designated backcountry ski zones, as of January 1, 2025, where 19
vegetation may be managed to maintain existing skiable lines; 20 BILL AS INTRODUCED H.276
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(4) hunting, fishing, foraging, gathering medicines, or practicing 1
ceremony; and 2
(5) vegetation management in areas not listed in section 2812 of this 3
chapter or designated pursuant to section 2815 of this chapter. 4
(c) Nothing in this chapter shall prevent the State from authorizing 5
measures required to respond to emergencies involving the health and safety of 6
persons. 7
§ 2814. EXCLUSIONS 8
The following lands are excluded from wildlands designation in section 9
2812 of this chapter: 10
(1) areas designated in a long-range management plan as of January 1, 11
2025 as Land Management Classification 4.0, Intensive Management; 12
(2) areas within a Management Unit for which a long-range 13
management plan does not exist, or for which the long-range management plan 14
predates the Agency of Natural Resources Land Management Classification 15
designations, but which meet the definition and intent for Land Management 16
Classification 4.0, Intensive Management; and 17
(3) any areas where management as a wildland is legally precluded by 18
deed or easement. 19 BILL AS INTRODUCED H.276
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§ 2815. FUTURE DESIGNATION OF WILDLANDS 1
(a) Upon future acquisition of parcels that adjoin any areas listed in section 2
2812 of this chapter, or that are separated from those areas only by a road or 3
right-of-way, the Agency of Natural Resources shall manage those areas as 4
wildlands unless, after an opportunity for public comment and public hearing, 5
based on substantial evidence, the Agency finds that doing so would not be 6
consistent with the purpose of this chapter. 7
(b) Upon acquisition of future parcels that do not adjoin any areas listed in 8
section 2812 of this chapter, or that are not separated from those areas only by 9
a road or right-of-way, the Agency of Natural Resources shall inventory the 10
qualities and characteristics of the acquired areas and shall manage these areas 11
as wildlands if doing so would be consistent with the purpose of this chapter. 12
(c) The State shall not refuse to purchase or accept donated areas with a 13
conservation easement, including forever-wild easements, without just cause. 14
Sec. 4. EFFECTIVE DATE 15
This act shall take effect on July 1, 2025. 16