Vermont 2025-2026 Regular Session

Vermont Senate Bill S0038 Latest Draft

Bill / Introduced Version Filed 01/30/2025

                            BILL AS INTRODUCED 	S.38 
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S.38 1 
Introduced by Senator White 2 
Referred to Committee on  3 
Date:  4 
Subject: Conservation and development; wildlife conservation; habitat 5 
corridors; wildlife crossings 6 
Statement of purpose of bill as introduced:  This bill proposes to require the 7 
Secretary of Natural Resources to establish a program to fund the creation and 8 
maintenance of habitat corridors and wildlife crossings in the State.  9 
An act relating to conserving habitat corridors and wildlife crossings 10 
It is hereby enacted by the General Assembly of the State of Vermont:  11 
Sec. 1.  SHORT TITLE 12 
This act may be cited as the “Habitat Corridor Conservation Stamp Act.” 13 
Sec. 2.  FINDINGS 14 
The General Assembly finds that: 15 
(1)  Nature faces a catastrophic loss of biodiversity, both locally and 16 
globally. 17 
(2)  In addition to the value it has for its own sake, biodiversity is 18 
essential to human survival. 19  BILL AS INTRODUCED 	S.38 
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(3)  The 2017 Vermont Forest Action Plan found that fragmentation and 1 
parcelization represent major threats to forest health and productivity and 2 
exacerbate the impacts of climate change. 3 
(4)  The 2021 Vermont Climate Assessment highlights an increase in 4 
extreme weather events such as droughts and floods as a significant impact of 5 
climate change in Vermont and recommends nature-based solutions as a 6 
proven, low-cost strategy for climate adaptation and resilience. 7 
(5)  The initial Vermont Climate Action Plan calls for investing in 8 
strategic conservation to increase the pace of permanent conservation towards 9 
30 by 30 targets, with Vermont Conservation Design guiding prioritization of 10 
efforts. 11 
(6)  The Nature Conservancy has developed the Resilient and Connected 12 
Landscapes project and found that Vermont plays a key role in the 13 
conservation of biodiversity regionally. 14 
(7)  The Staying Connected Initiative is an international partnership of 15 
public and private organizations.  Its goal is to maintain, enhance, and restore 16 
landscape connectivity for wide-ranging mammals across the Northern 17 
Appalachians-Acadian region, from the Adirondack Mountains to the Maritime 18 
Provinces.  The Staying Connected Initiative has identified nine linkages 19 
across this vast region that are extremely important to wildlife.  Six of these 20 
linkages lie within Vermont. 21  BILL AS INTRODUCED 	S.38 
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(8)  Vermont’s most effective and efficient contribution to conserving 1 
biological diversity and maintaining a landscape resilient to climate change is, 2 
first, to conserve an intact and connected landscape and, second, to create and 3 
protect connections in the landscape. 4 
(9)  Given the threats of biodiversity loss, landscape fragmentation, and 5 
climate change, the General Assembly should conserve lands in the State to 6 
increase landscape connectivity. 7 
Sec. 3.  10 V.S.A. chapter 104 is added to read: 8 
CHAPTER 104.  HABITAT CORRIDOR CONSERVATION 9 
§ 4201.  DEFINITIONS 10 
As used in this chapter: 11 
(1)  “Amenable land” means an area of land that the State may acquire 12 
and use for habitat corridors or wildlife crossings.  13 
(2)  “Habitat corridor” means an area of land, including wildlife 14 
crossings, that connect at least two habitats, including land meant to facilitate 15 
the movement of wildlife or designated to connect wildlife habitats. 16 
(3)  “Secretary” means the Secretary of Natural Resources. 17 
(4)  “Take” means:  18 
(A)  pursuing, shooting, hunting, killing, capturing, trapping, harming, 19 
snaring, or netting wildlife; 20  BILL AS INTRODUCED 	S.38 
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(B)  an act intended to create a risk of injury to wildlife, whether or 1 
not injury occurs, including harassing; wounding; or placing, setting, drawing, 2 
or using any net or other device used to take wildlife; or 3 
(C)  attempting to engage in or assisting another to engage in an act 4 
set forth under subdivision (A) or (B) of this subdivision (4). 5 
(5)  “Wildlife” means all living sentient creatures, including fishes, 6 
amphibians, reptiles, and insects, that are not human beings and are not 7 
domestic animals, domestic fowl, or domestic pets.  8 
(6)  “Wildlife crossing” means infrastructure that connects two or more 9 
wildlife habitats, including infrastructure meant to: 10 
(A)  facilitate the safe movement of wildlife over or beneath roads, 11 
waters, and other barriers to wildlife movement; 12 
(B)  connect wildlife habitats; 13 
(C)  reduce wildlife-vehicle collisions; 14 
(D)  reduce the likelihood of injuries and mortalities to humans and 15 
wildlife from wildlife-vehicle collisions; or 16 
(E)  reduce the potential for damage to motor vehicles from wildlife-17 
vehicle collisions.  18 
§ 4202.  CONSERVATION VISION AND GOAL 19 
(a)  The vision of the State of Vermont is to maintain an ecologically 20 
functional landscape that sustains biodiversity, facilitates wildlife’s migratory 21  BILL AS INTRODUCED 	S.38 
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behaviors, encourages landscape connectivity, reduces wildlife-vehicle 1 
collisions, and promotes climate resiliency.  2 
(b)  It is the goal of the State to increase landscape connectivity.  Increases 3 
in landscape connectivity under this chapter may qualify as ecological reserve 4 
areas, biodiversity conservation areas, or natural resource management areas as 5 
defined under section 2801 of this title to satisfy the goal of the State under 6 
section 2802 of this title.  The Secretary of Natural Resources shall lead the 7 
efforts in achieving this goal.  The land conserved shall include State, federal, 8 
municipal, and private land acquired by donation, assignment, lease, fee 9 
purchase, conservation easement, or other means of transfer. 10 
§ 4203.  AMENABLE LAND INVENTORY  11 
(a)  The Secretary, in consultation with the Secretary of Transportation 12 
where appropriate, shall conduct and create an inventory of Vermont’s 13 
amenable lands to serve as the basis of meeting the conservation goals of 14 
Vermont Conservation Design and to meet the goal established in section 4202 15 
of this title.  The inventory shall be submitted for review to the House 16 
Committees on Environment; on Agriculture, Food Resiliency, and Forestry; 17 
and on Transportation and the Senate Committees on Natural Resources and 18 
Energy, on Agriculture, and on Transportation.  19 
(b)  The inventory shall include: 20  BILL AS INTRODUCED 	S.38 
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(1)  an assessment of how State lands will be used to increase landscape 1 
connectivity, including habitat corridors and wildlife crossings; 2 
(2)  the implementation methods that could be utilized for achieving the 3 
goals of this chapter using Vermont Conservation Design as a guide; 4 
(3)  a review of how aquatic systems are currently conserved or 5 
otherwise protected in the State, including a description of the benefits land 6 
conservation provides for aquatic systems, whether this is sufficient to 7 
maintain aquatic system functions and services, and how the implementation 8 
methods for achieving the goals of this chapter using Vermont Conservation 9 
Design as a guide would include specific strategies for protecting aquatic 10 
system health; 11 
(4)  an assessment of existing funding sources that will be needed for 12 
acquisition of land, purchase, stewardship of conservation easements, staffing 13 
capacity, and long-term stewardship of habitat corridors and wildlife crossings 14 
acquired under this chapter; and 15 
(5)  an assessment of which lands may be acquired under this chapter for 16 
habitat corridors and wildlife crossings, including lands acquired by donation, 17 
assignment, lease, fee purchase, conservation easement, or other means of 18 
transfer. 19 
(c)  The Secretary shall update the amenable land inventory required under 20 
subsection (a) of this section biennially on or before January 15 of the relevant 21  BILL AS INTRODUCED 	S.38 
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year to track progress toward meeting the vision and goals of this title.  The 1 
Secretary shall submit a report to the House Committee on Environment and 2 
the Senate Committee on Natural Resources and Energy regarding each 3 
biennial update. 4 
§ 4204.  CONSERVATION PLAN 5 
(a)  On or before December 31, 2028, the Secretary, in consultation with the 6 
Agency of Transportation, shall develop a draft plan to implement the 7 
conservation goals of Vermont Conservation Design and to meet the vision and 8 
goal established in section 4202 of this title.  The plan shall be submitted for 9 
review to the House Committee on Environment and the Senate Committee on 10 
Natural Resources and Energy.  11 
(b)  The plan shall include: 12 
(1)  strategies for achieving the vision and goal of section 4202 of this 13 
title, including identification of wildlife in need of protection and information 14 
on their population distributions, habitat requirements, existing infrastructure 15 
facilitating wildlife’s movement, limiting factors, and other pertinent 16 
biological and ecological data on wildlife in need of protection;  17 
(2)  estimates of resources available for these strategies; 18 
(3)  plans for research and public education about landscape 19 
connectivity, including habitat corridors and wildlife crossings; 20  BILL AS INTRODUCED 	S.38 
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(4)  a strategy for achieving the vision and goal of section 4202 of this 1 
title while continuing to conserve and protect Vermont’s agricultural land, 2 
working forests, historic properties, recreational lands, and surface waters;  3 
(5)  the implementation methods for achieving the vision and goal of this 4 
chapter using Vermont Conservation Design as a guide; and 5 
(6)  recommendations to implement the vision and goal of this chapter 6 
while also enhancing the State of Vermont’s current investments and 7 
commitments to working lands enterprises, rural landowners, and the broad 8 
conservation mission implemented by the Secretary, including conservation of 9 
agricultural land, working forests, historic properties, recreational lands, and 10 
surface waters. 11 
(c)  In developing the plan, the Secretary, in consultation with the Secretary 12 
of Transportation, shall hold 12 or more public meetings on the draft plan 13 
between July 1, 2026 and December 31, 2027 to solicit input from 14 
stakeholders.  Stakeholders shall include private owners of forestlands and 15 
agricultural lands, land trusts, animal advocacy organizations, conservation 16 
organizations, environmental organizations, working lands enterprises, outdoor 17 
recreation groups and municipalities, regional planning commissions, 18 
conservation commissions, and relevant State and federal agencies.  At least 19 
three of the meetings shall be designed to solicit comments from the general 20 
public. 21  BILL AS INTRODUCED 	S.38 
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§ 4205.  HABITAT CORRIDOR CONSERVATION SPECIAL FUND 1 
(a)(1)  The Habitat Corridor Conservation Special Fund is established 2 
pursuant to 32 V.S.A. chapter 7, subchapter 5 to fund increased landscape 3 
connectivity in the State consistent with the conservation plan established 4 
under section 4204 of this title.  The Fund shall be administered by the 5 
Secretary and shall consist of: 6 
(A)  revenue from the sale of Habitat Corridor Conservation Stamps 7 
as provided for under section 4206 of this title; 8 
(B)  funds appropriated by the General Assembly; 9 
(C)  funds from public and private sources that the Secretary accepts 10 
for the Fund; 11 
(D)  funds from federal government aid for State activities in 12 
conservation, landscape connectivity, habitat corridors, or wildlife crossings; 13 
and 14 
(E)  all interest earned on Fund balances. 15 
(2)  Amounts in the account shall carry over from year to year. 16 
(b)  The Secretary shall make expenditures from the Fund solely for 17 
programs identified in the conservation plan established under section 4204 of 18 
this title for the purposes of increasing landscape connectivity, including 19 
through the development and maintenance of habitat corridors and wildlife 20 
crossings.  Expenditures consistent with the purposes of the plan may be made 21  BILL AS INTRODUCED 	S.38 
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under the terms of contracts with private organizations and groups.  1 
Expenditures shall not exceed the monies available in the Fund. 2 
(c)  The Secretary may take appropriate actions to encourage taxpayers to 3 
make contributions to the Habitat Corridor Conservation Special Fund, 4 
including explaining the purposes of the Fund and the uses to which the Fund 5 
has been or will be applied.  The Secretary may solicit federal funds, grants, 6 
and private contributions directed toward landscape connectivity.  Any money 7 
received by the Secretary from federal funds, grants, and private contributions 8 
directed toward landscape connectivity shall be deposited in the Habitat 9 
Corridor Conservation Special Fund. 10 
§ 4206.  HABITAT CORRIDOR CONSERVATION STAMP 11 
(a)  The Secretary shall be responsible for the contest, production, 12 
procurement, distribution, and sale of the Habitat Corridor Conservation Stamp 13 
and all marketable stamp by-products such as posters, artwork, calendars, and 14 
other items.  For the purposes of the contest, the Secretary may cooperate with 15 
any reputable association, organization, or agency, and the Secretary may 16 
designate any person found by the Secretary to be competent to facilitate such 17 
contest. 18 
(b)  Habitat Corridor Conservation Stamps shall be sold at the direction of 19 
the Secretary for a fee of $20.00.  The Secretary shall deposit all revenue from 20  BILL AS INTRODUCED 	S.38 
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the sale of Habitat Corridor Conservation Stamps in the Habitat Corridor 1 
Conservation Special Fund. 2 
(c)  There is created the Habitat Corridor Conservation Stamp Advisory 3 
Committee to consult with and make recommendations to the Secretary 4 
regarding all projects and activities supported by the Habitat Corridor 5 
Conservation Special Fund.  The Advisory Committee shall consist of five 6 
persons and up to three alternates appointed by and serving at the pleasure of 7 
the Secretary.  The Secretary shall designate the Chair.  The Secretary annually 8 
shall report to the Advisory Committee with an accounting of the Habitat 9 
Corridor Conservation Special Fund and the activities financed by the Fund. 10 
§ 4207.  HABITAT CORRIDOR CONSERVATION STAMP CONTEST 11 
(a)  The Secretary may authorize a contest for the design of the Habitat 12 
Corridor Conservation Stamp.  The Secretary may enter a contract or other 13 
agreement with an entity to conduct the contest. 14 
(b)  The Secretary may authorize a fee to be charged for entry into the 15 
contest.  The revenue from any fee shall first be used to pay for the costs of the 16 
contest.  The Secretary shall deposit any revenue in excess of the costs of the 17 
contest into the Habitat Corridor Conservation Special Fund. 18 
§ 4208.  TAKE PROHIBITION ON WILDLIFE CROSSINGS ACQUIRED 19 
              UNDER THIS CHAPTER 20 
(a)  Except as authorized under this chapter, a person shall not: 21  BILL AS INTRODUCED 	S.38 
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(1)  take, possess, or transport wildlife that are within or entering a 1 
wildlife crossing where the Secretary of Natural Resources or Secretary of 2 
Transportation has prohibited the taking of wildlife; or  3 
(2)  injure, damage, erode, or waste the wildlife crossing. 4 
(b)  Any person who violates subsection (a) of this section by knowingly 5 
injuring wildlife within or entering a wildlife crossing or knowingly injuring, 6 
damaging, eroding, or wasting a wildlife crossing and who is subject to 7 
criminal prosecution under 13 V.S.A. chapter 81 may be required by the court 8 
to pay restitution for: 9 
(1)  actual costs and related expenses incurred in treating and caring for 10 
the wildlife by the person incurring these expenses, including the costs of 11 
veterinarian services and Agency of Natural Resources staff time; or 12 
(2)  reasonable mitigation and restoration costs such as wildlife 13 
restoration plans; habitat protection; and enhancement, transplanting, 14 
cultivation, and propagation. 15 
(c)  The Secretary of Natural Resources or the Secretary of Transportation 16 
may prohibit the taking of wildlife on or within a wildlife crossing. 17 
Sec. 4.  32 V.S.A. § 5813 is amended to read: 18 
§ 5813.  STATUTORY PURPOSES 19 
* * * 20  BILL AS INTRODUCED 	S.38 
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(aa)  The statutory purpose of the Habitat Corridor Conservation Stamp 1 
credit in section 5830g of this title is to incentivize the sale of Habitat Corridor 2 
Conservation Stamps to pay for increased landscape connectivity in the State. 3 
Sec. 5.  32 V.S.A. § 5830g is added to read: 4 
§ 5830g.  CONSERVATION STAMP CREDIT 5 
A resident individual or part-year resident individual who purchased 6 
conservation stamps provided by the Secretary of Natural Resources shall be 7 
entitled to a nonrefundable credit against the tax imposed by section 5822 of 8 
this title for the taxable year.  The credit shall be equal to one-half of the cost 9 
of any Habitat Corridor Conservation Stamps authorized under 10 V.S.A. 10 
§ 4206 or any other stamp authorized by the Commissioner of Fish and 11 
Wildlife to generate revenue for the Species and Habitat Conservation Fund 12 
under 10 V.S.A. § 4047 that were purchased by the individual in the tax year.  13 
The credit under this section shall not exceed $40.00 per tax year.  For 14 
purposes of this section, spouses filing jointly shall be considered an 15 
individual.    16 
Sec. 6.  APPROPRIATIONS 17 
(a)  The sum of $25,000.00 is appropriated from the General Fund to the 18 
Department of Fish and Wildlife in fiscal year 2026 to support public 19 
education, which may cover the importance of landscape connectivity, 20 
including habitat corridors and wildlife crossings, and outreach to encourage 21  BILL AS INTRODUCED 	S.38 
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purchases of Habitat Corridor Conservation Stamps and other stamps 1 
authorized by the Commissioner of Fish and Wildlife and directed toward and 2 
deposited in the Species and Habitat Conservation Fund under 10 V.S.A. 3 
§ 4047. 4 
(b)  The sum of $125,000.00 is appropriated from the General Fund to the 5 
Secretary of Natural Resource in fiscal year 2026 to support the amenable land 6 
inventory under 10 V.S.A. § 4203 and the conservation plan under 10 V.S.A. 7 
§ 4204. 8 
Sec. 7.  EFFECTIVE DATE 9 
This act shall take effect on July 1, 2025. 10