WATER RESOURCES SUMMARY

The Water Resources Section is divided into Surface Waters; Wetlands; and Groundwater/Aquifers/Wellhead Protection Areas.

SURFACE WATER

WATER SHEDS The major water sheds within the region are identified.

FLOOD HAZARD AREAS The National Flood Insurance Program was established in 1968, and amended by the National Flood Insurance Act in 1973. Under this program the Federal Government makes insurance available to communities which implement and enforce measures that reduce future flood risks to new construction, usually through the community's Zoning Bylaws. No federal assistance is provided for the repair or replacement of insurable structures, located in flood hazard areas of communities which choose not to participate in the program.

LAKE CHAMPLAIN & OTHER LAKES Lake Champlain is influenced by land use activities in the Addison Region. This influence can include changes to both the water quality and the quantity of water entering the Lake. In turn, during high water periods the Lake can influence the land use activities at its shoreline. Future development on the Lake's shore should be encouraged to account for impacts associated with high water periods. The Lake Champlain Management Conference is involved in the development of a comprehensive pollution prevention, control and restoration plan for the Lake. A draft plan is anticipated during the winter of 1993. The other lakes of the Addison Region are listed.

SHORELAND Land use activities within 500 to 1,000 feet of the normal mean water mark on a lake or a pond have direct impacts on the associated waterbody's water quality. Proper placement of septic systems, erosion control and prudent management of vegetation along shorelines can all help to protect associated water quality. Municipalities are in the best position to develop protection measures for their own lake or pond resources.

WATER QUALITY CLASSIFICATIONS All surface water in Vermont is classified as either Class "A," "B," or "C." Public drinking water resources are designated "A," mixing zones immediately down stream from waste water treatment plants are "C," and all others are "B." Each of the classifications represent water quality goals, and are not necessarily descriptive of existing water quality. Those streams classified as "A," and "B" are listed.

THREATS TO SURFACE WATER QUALITY Waterbodies are receptacles for whatever runs off the land, associated with runoff precipitation such as sediments, leachate, and pesticides. In sufficient concentrations contamination can impact the values that these waterbodies provide.

EURASIAN MILFOIL Eurasian Milfoil is a significant threat to recreational use on Vermont's lakes. The Addison Region, at this time, has at most "moderately infested" lakes, however, there are two "heavily infested" lakes to the south which could provide an overland source of infestation. The State has a milfoil control program, and is considering how to address lakes with small infestations. At present, milfoil control programs are hampered by lack of funding. Providing funding to eliminate infestation in lightly infested lakes to prevent conversion to "heavy infestation" is important.

WETLANDS

WETLANDS DEFINED Wetlands are defined by the presence of: water (at or near the soil surface), water loving plants, and soils developed in the presence of water. There is disagreement about the identification of wetlands. Various Federal Agencies, and level of government define wetlands differently. Given this situation, the wetland determination used in a given case may be defined by the use or program considered for the area. The wetland determinations used may not coincide between the various agencies or levels of government. This definition confusion creates conflict particularly related to wetlands which do not have standing water much of the year, and which can be used for farm or forest uses (see the farm and forestland sections of this element).

VERMONT REGULATION OF WETLANDS In Vermont the use of wetlands is regulated under The Vermont Wetland Rules, which designates the National Wetland's Inventory (NWI) wetlands as significant. The NWI (originally prepared in 1977-78) is the starting basis for determining the presence of a wetland. Due to the general nature of the data, field checks by State Wetland's staff are required to determine the actual presence of a wetland. All wetlands on the NWI are considered to be Class II.

AGRICULTURE & FORESTRY EXEMPT FROM VT. WETLAND RULES Areas used for agriculture are exempt from the Wetland's regulations. Silvicultural activities which comply with "Acceptable Management Practices" are considered permitted uses. The Rules require non-exempt uses to undergo a conditional use review. Permits may be issued if impacts are minimal, or if mitigation measures are approved.

GROUND WATER

GROUND WATER Ground water is the preferred drinking water source that supplies much of the Region's drinking water. At this time there appears to be adequate supplies to meet the Region's needs. As the Region's population grows communities may need to identify and develop protection measures for their important ground water resources. Of particular interest are ground water resources of sufficient quality and quantity to supply water to public water systems. These types of ground water resources may be of limited availability.

GROUND WATER CLASSIFICATION In 1985 legislation was passed that established four types of ground water classifications. Classification is based on the source's suitability as a source of potable water for public and individual use. The State's protection measures include identification and monitoring of a very limited number of potentially polluting land uses.

THREATS TO GROUND WATER RESOURCES The quality of a community's water resources depends on its land use and waste disposal practices, and their location in relation to their ground water supplies. Major sources of contamination and those contaminates routinely tested for are noted. Ground water protection programs are generally understood to be less expensive then having to replace contaminated water sources. What community's can do to protect their ground water resources is generally described.

AQUIFER/WELLHEAD PROTECTION AREAS Aquifers are relatively unique geological formations, that can yield significant qualities of water to wells and springs. Aquifers receive replenishment of their water from areas called "recharge areas." These recharge areas are also conduits for any surface contamination. Understanding how a particular aquifer is recharged also helps to understand how it can be contaminated.

WELLHEAD PROTECTION AREAS In Vermont, aquifers that supply public water systems are designated "wellheads" and the area associated with them are called "wellhead protection areas." These areas come under the "Vermont Wellhead Protection Program," designed to coordinate various entities in the long-term protection of these areas. Addison County has 8 delineated and 10 undelineated wellheads. The land uses on these areas have been mapped on the Geographic Information System. Communities in the Addison Region have the opportunity to take proactive action and perform land use planning for these critical areas.

REGIONALLY SIGNIFICANT WATERBODIES Six waterbodies are identified as Regionally Significant. These are waterbodies that have an effect on several Towns and/or provide particularly important resources to Addison County Residents.

WATER RESOURCES DOCUMENTATION/ANALYSIS

WATER RESOURCES INTRODUCTION

Water resources can generally be divided into four sectors. These are:

a. Surface Waters (lakes, streams, rivers, ponds, springs).

b. Wetlands

c. Groundwater

d. Aquifer/Wellhead Protection Areas

Addison County is blessed with an abundance of water resources, being bordered on the west by Lake Champlain, on the east by forested upper watersheds and having Otter Creek and its tributaries cover much of the County. The Region can be divided into water sheds and sub-water sheds (see map 4.4-5), each with its major stream and tributaries.

Many of these systems include, flow into, or flow from wetlands. Ground water resources, and aquifers may, or may not, be associated with the surface water systems. Map 4.4-4 shows, again on a watershed basis, the relationship of selected water resources.

Surface Waters

Surface waters provide or support many facets of our culture in the Addison Region. Among those are water for domestic, agricultural, and industrial consumption, a depository for wastes, both treated and untreated, riparian and aquatic habitat for wildlife and plant life, recreation, scenic amenities to a limited extent, power generation and the basic function surface waters as part of the hydrologic and climatic cycles.

Over time, as the necessity to maintain water quality has become a higher priority both statewide and nationally, funds, incentive programs, and regulations have been targeted to improve or maintain the quality of surface waters.

The Otter Creek Watershed

Otter Creek enters Addison County from the south, forming most of the boundary between Leicester and Whiting, and between Cornwall and Salisbury, then flowing north-northwest through Middlebury, forming the boundary between Weybridge and New Haven, and between Addison and Panton, and Waltham, thence through Vergennes and Ferrisburgh flowing into Lake Champlain at the Otter Creek Wildlife Management Area at Fields Bay. The major sub-watersheds in the Otter Creek Basin are the Lemon Fair River flowing into Otter Creek in Weybridge; the New Haven River flowing into Otter Creek in New Haven; the Dead Creek flowing into Otter Creek in Ferrisburgh; the Middlebury River entering Otter Creek south of Middlebury Village, and the Leicester River draining Lake Dunmore.

Other Watersheds

Little Otter Creek originating in Bristol, Monkton and New Haven, flows north and west to enter Lake Champlain in the northeastern part of the region. Lewis Creek, primarily originating in Starksboro, flows through five towns in Addison and Chittenden Counties to enter Lake Champlain just north of Little Otter Creek in Ferrisburgh. Two smaller watersheds East Creek, flowing north from Benson through Orwell to a Bay on the lake, and the Neshobe River in Goshen which flows south through Brandon (Rutland County) into Otter Creek.

Flood Hazard Areas

The U.S. Congress established the National Flood Insurance Program in 1968 with the passage of the National Flood Insurance Act (amended 1973). This federal program enables property owners who reside in flood hazard areas to purchase insurance protection against losses from flooding. The program was designed to provide an insurance alternative to disaster assistance and to meet the escalating costs of repairing damage to buildings and their contents caused by floods.

Participation in the National Flood Insurance Program is based on a voluntary agreement between local communities and the federal government whereby communities will implement and enforce measures to reduce future flood risks to new construction in special flood hazard areas, typically through their zoning bylaws. If the communities do this then the Federal Government makes flood insurance available in that community as a financial protection against flood losses which do occur. In communities which choose not to participate in the program but who do experience a flood disaster, no federal assistance will be provided for the repair or replacement of insurable structures.

Flood Hazard Areas are officially designated on FIRM (Federal Insurance Rate Maps), prepared and published by FEMA (Federal Emergency Management Agency). The flood hazard areas in most Vermont communities are generally associated with the larger rivers.

Lake Champlain

Lake Champlain drains north to the Richelieu River on its way to the St. Lawrence River which then flows to the Gulf of St. Lawrence off the east coast of Canada. The Lake is subject to influences from a multitude of jurisdictions including Vermont, New York and Quebec, and all their political subdivisions. Lake Champlain is one of Addison County's special resources and it has not only been a strong influence on the shaping of the Region's topography, but also in the development of the Region's human history.

At 490 square miles, Lake Champlain is the eighth largest fresh water lake in the United States. About 66% (322 sq.m.) of the Lake's area is located within Vermont. The Lake is 107 miles long; 10 miles wide at its widest; and 400 feet deep at its deepest. South of Chimney Point, however, the Lake is very shallow and subject to accelerated eutrophication, particularly in the last few decades.

All of Addison Region's watersheds empty into Lake Champlain. Thus activities on the above described watersheds ultimately affect water quality or volume of water entering Lake Champlain. Activities on the watersheds as far east as Starksboro, Bristol or Goshen can affect the lake's quality. Several water districts (ie. VPWD, Tri-Town), take their water from the lake.

The Lake's normal elevation is about 95 feet. The highest water level in recent times was in March 30, 1903 at 101.8 feet. High water crests on the Lake are not just a distant memory, the Lake crested at 101.7 in 1976, and 101.3 in 1983. Development on the Lake's shore has become highly prized for all the positive amenities lake shore property offers. As more development continues to occur, it should be encouraged to account in its design for the impact of future high water periods.

On November 15, 1990 the Lake Champlain Special Designation Act was signed into law. This Act added Lake Champlain to a list of 10 water bodies eligible to establish a lake water quality demonstration program. The Act authorized the establishment of the Lake Champlain Management Conference to develop a comprehensive pollution prevention, control and restoration plan for the Lake. This plan seeks to identify corrective actions and compliance schedules to address point and non-point pollution that will restore and maintain the physical, biological, recreational and economic activities associated with the Lake. The draft plan is expected to be out during the winter of 1993. The Management Conference is assisted by a Technical Advisory Committee composed of officials from related Federal and State departments and agencies, and public and private research organizations. There is also a Citizen Advisory Committee and a Research Program.

Other Lakes

In addition, within Addison County there are two smaller lakes: Lake Dunmore (Lake of 1,035 acres) and Fern Lake (69 acres). There are also several small ponds and lakes such as Cedar Lake (118 acres) in Monkton each with its own lake shed (Johnson Pond (34 acres); Mud Pond (26 acres); Richville Pond (160 acres); Silver Lake (104 acres); Spruce Pond (25 acres); Sugar Hill Reservoir (58 acres); and Winona Lake (199 acres)). The Vermont Rivers study (Feb. 1986) contains information about these water sheds.

Shoreland

The State's definition of a shoreland is the land within 500 to 1,000 feet of the normal mean water mark of a lake or a pond. Activities within the shoreland area can have direct impact on lake water quality. The placement of septic systems in unsuitable soils or too close to the lake can introduce nutrients and pathogens into the lake. Inadequate soil erosion control during construction periods can increase the loading of phosphorous and sediment to a lake. Indiscriminate removal of vegetation along a shoreline will increase erosion of the bank and loss of the vegetation's ability to filter runoff as well as affecting a lake's scenic value.

Municipalities which have shoreland are in the best position to develop protection measures for their lake or pond resources, through land use controls such as sewage disposal ordinances, erosion controls and buffer strips requirements that are designed to apply specifically to their shoreland areas.

Water Quality Classifications

The water quality of Vermont's surface waters are assessed by evaluating the ability of the waterbody to support a set of designated uses. All surface water in the state is classified as either Class A, B, or C, by the State's Water Resources Board. Class "A" waters are managed as public drinking water supplies and as high quality water that has significant ecological value and is of a uniformly excellent character. Class "C" waters are designated mixing zones down stream from waste water treatment facilities. All other water has been designated as Class "B".

Each classification establishes certain water quality goals expressed as "beneficial values and uses" which must be protected. These classifications are not necessarily descriptive of the existing water quality, but represent either water quality goals to be attained where the actual quality is lower than the standard, or the minimum standard to be maintained where water quality is actually higher.

As of February 1986, all rivers and streams were classified as Class B goals except Brandy Brook in Ripton (Class A); The upper reaches of the New Haven River in southern part of Bristol (Class A); the New Haven River from Bristol Village to New Haven Townline (Class C); Otter Creek in Vergennes to its confluence with Dead Creek (Class C); and Otter Creek from Middlebury Village to its confluence with the New Haven River (Class C).

Map 4.4-1 Stream Classifications in the Addison Region.

Threats to Surface Water Quality

Water resources become repositories for whatever "runs off" the surface of the land with runoff precipitation. Depending on the land use activities occurring on the watershed, water bodies serve as repositories for sediments and leaching landfills, septic systems, pesticides, and underground storage tanks. In sufficient concentrations these contaminants can kill fish and plants, destroy drinking water supplies and preclude recreational activities.

Eurasian Milfoil

According to the State of Vermont 1992 Water Quality Assessment Report (December 1992), Eurasian Water Milfoil is "...perhaps the greatest threat to the recreational use of Vermont's lakes at this time."[3] The State's milfoil control program has made the prevention of between-lake spread of milfoil a top priority. A way is being sought to eliminate small new infestations in heretofore milfoil-free waters. Lake Dunmore is an example of a recently "infested" lake which would benefit from elimination before the initial growth can be spread either naturally or mechanically within the lake.

There are no lakes or ponds in the Addison Region classified as having "heavy" milfoil growth. However, both Lake Hortonia and Lake Bomoseen to our south are both classified as "heavy" and may provide a source of overland infestation to Addison Region lakes and ponds.

Addison Region lakes and ponds classified as having "moderate" milfoil growth are Norton Pond Dam in Bristol, Richville Pond in Shoreham, Sunrise Lake in Orwell and Winona Lake in Bristol. Those lakes with "light" infestations are Cedar Lake in Monkton, Lake Dunmore in Salisbury/Leicester and Sunset Lake in Orwell.

At present, programs to control milfoil are hampered by lack of funds. Especially important are funds to provide elimination in lightly infested lakes before the milfoil spreads to the entire lake and becomes unmanageable. Local towns and legislators might take note that funding could rescue three of the Region's larger lakes for continued recreational use.

Through planning, a balance needs to be struck between the demands placed upon the Region's water resources and the maintenance of the integrity of the resource's quality and quantity. Planning at the local levels has the responsibility and the power to ensure the long term quality of their water resources.

Wetlands[4]

By the State's definition of wetlands the Region has about 2,463 identified wetlands, which comprise roughly 23,730 acres, this represents about 5.4% of the Region's total acreage[5]. It also represents about 10.8% of Vermont's total wetland acreage.

Today, the term wetland is used to refer to areas that are, at a minimum, seasonally inundated with water at the surface, to within 6 to 18 inches of the soil surface, for at least a week at a time. Wetlands share three basic characteristics: the presence of water at or near the surface (wetland hydrology); the presence of water loving plants (hydrophytic vegetation); and soils that have formed under the influence of the presence of water.

There is considerable disagreement about the specific identification of wetlands. Each of the Federal Agencies with wetland responsibilities defines wetlands differently. The State of Vermont wetland rules use a different definition than the Federal Agencies so wetland determination may hinge on what use or program is being contemplated. For example, an area of a development can be classified as a wetland by Federal Agency, and not as a wetland under State rules. SCS/ASCS use their definition for farm management plans and program funding. These determinations may not coincide with State determinations or that of another Federal Agency.

Map 4.4-2 Natural Heritage Sites and Regional Wetlands.

An additional factor in the confusion is the lack of detail in the U.S. Dept. of Interior Wetlands Maps. This has improved considerably with the translation of these maps into the Vermont GIS system. However, uncertainty still exists, which in turn causes anxiety and opposition to the wetlands preservation program. That conflict is particularly apparent on wetlands which do not have standing water much of the year and so can be used for farm, forest or perceptually even for development uses. Farm and forest wetland issues are addressed in those sections of the plan.

The Vermont Wetland Rules require non-exempt uses to go through a conditional use review to determine their impact on the identified wetland functions. Permits can be issued if impacts are minimal or if mitigation measures are approved.

The Vermont Wetland Rules, adopted in February 1990, use the U.S. Dept. of Interior National Wetland Inventory Maps for Vermont as the significant wetland inventory maps for Vermont. All wetlands identified on those maps, unless changed by the Water Resources Board, were designated Class II Wetlands. 10 V.S.A. § 902(5) defines wetlands to exclude "such areas as grow food or crops in connection with farming activities." Farming is defined in Section 3.1b of the Rules as "the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops, and the growing of food and crops in connections with the raising, feeding or management of livestock, poultry, equines, fish farms, or bees for profit." Section 3.1c states that the exemption applies to all areas used to grow food or crops in connection with farming activities including areas in ordinary rotation.

The Rules further state that wetland boundaries will be identified using the procedures in the most recent edition of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (1989). In determining whether a wetland is a Class 1, 2 or 3 wetland, the Water Resources Board uses the 10 functional criteria in Section 5 of the Rules.

Section 6 of Vermont Wetland Rules includes a list of permitted uses, which include silvicultural activities which comply with Acceptable Management Practices (AMP's), and several other standards. All other uses are conditional uses which may be authorized by the Secretary of the Agency upon finding the proposed use will have no undue adverse effect on protected functions (Section 5) or unless such adverse impacts can be mitigated under Section 8.5b, or by physically compensating for adverse impacts (§8.5c).

In 1991, the Water Resources Broad proposed amendments to the Wetlands Rules. These changes have been through the required public hearing process and are currently under consideration by the Board.

Groundwater

High quality drinking water from several of the public water systems and from individually drilled wells in the Addison Region is supplied from the Region's ground water resources. It is also the resource that supplies agricultural, commercial and industrial water needs. Ground water is a preferred source of drinking water because it is usually of high quality, less likely to be influenced by seasonal fluctuations than surface waters, and generally less likely to be influenced by environmental impacts.

Ground water is water that was once on the "surface" which has infiltrated[6] into the soil to fill the spaces between sand, gravel and rock, and the fractures in the bedrock. The rate that water can work its way into and through soils varies depending on land use, physical aspects of the soil, intensity and duration of a particular rain storm, soil slope and other factors.

At present the Region appears to have access to high quality and fairly abundant supplies of ground water to meet the Region's needs. In the future, however, as the Region's population continues to grow and land use intensifies, the Region's communities will face a growing need to consciously identify and develop measures that will protect their important ground water resources.

Ground Water Resources

Different geologic formations have differing abilities to supply ground water. According to the 1973 Water Resources Dept. study (Stewart), good ground water sources are a limited resource in the region deserving protection. Of particular interest are ground water resources of sufficient quality and quantity to supply water to public water supply systems. During the 1960's and 1970's the State of Vermont undertook geologic studies to determine where these "good" ground water supplies were likely to be found.[7] In the northern part of the Addison Region the best sources of ground water were found in the unconsolidated sediment (sand and gravel) in the stream valleys. As a general rule, water wells with the highest yields were those that produce from certain gravel and sand areas in the valleys. The highest potentials in the Region were found along the Green Mountains in the kame, outwash and lake sand, and gravel deposits left after the last glacial period occurring along the western base of the Green Mountains.

The areas identified as having the best ground water supply potential with an anticipated medium to high yield at depths to 200 feet, were primarily found in a relatively narrow band running north-south starting in the northern end of the Region on the eastern side of Starksboro, continuing south roughly through the center of Bristol, south through the eastern side of Middlebury, continuing south (through Lake Dunmore), then along the western edge of the Green Mountains.

Groundwater Classifications

In 1985 the Vermont Legislature passed ground water protection legislation which directed the Secretary of the Agency of Natural Resources to develop a management program to protect the quality of the State's ground water resources, and established four statutory classes of ground water (10 VSA § 1394):

Class I. Suitable for public water supply. Character uniformly excellent. No exposure to activities which pose a risk to its current or potential use as a public water supply.

Class II. Suitable for public water supply. Character uniformly excellent but exposed to activities which may pose a risk to its current or potential use as a public water supply.

Class III. Suitable as a source of water for individual domestic water supply, irrigation, agricultural use and general industrial and commercial use.

Class IV. Not suitable as a source of potable water but suitable for some agricultural, industrial and commercial use.

At the time the Act creating this classification scheme was passed, all ground water in the State was designated as Class III, subject to reclassification by the secretary of the Agency of Natural Resources.

Protection measures for groundwater at the State level include identification, monitoring, and the prohibition of certain land uses, namely landfills, injection wells and leach fields with each Ground Water Classification Area with the most stringent restrictions placed in the Class I areas. Where private property is included in a Class I area, the Agency must go to the Legislature for approval for permanent protection.

Threats to Ground Water Resources

Once water enters the ground, unlike surface waters, it generally moves very slowly (from a few feet to a few inches per year). Contamination can be difficult to detect. Once a supply source is contaminated it can be very expensive to replace, if indeed supplies of adequate quality and quantity can be found to replace the contaminated source at all. An exception to the slow movement of ground water is the ground water stored in fractured bedrock. Contaminated ground water moving through fractures in bedrock can move relatively long distances, relatively rapidly to pollute ground water sources at distant and unpredictable locations.

The quality of a community's water depends on its land use and waste disposal practices and their location in relation to their ground water supplies. Major sources of contamination include underground storage tanks, municipal landfills, regulated hazardous waste, septic tanks, road salting, and some agricultural activities. The more predominant types of contaminants include petrochemicals (from leaking tanks and spills), leachate from landfills and old dumps, hazardous waste from regulated hazardous waste sites, and elevated levels of sodium and chloride from highway salting and salt storage. The most prevalent contaminating substances routinely tested for include volatile and synthetic organic chemicals, nitrates, brine/salinity, metals, radioactive materials (naturally occurring from radon), pesticides and petroleum products.

Ground water protection programs are generally understood to be less expensive then having to replace a contaminated water source. Communities can take steps to protect their ground water resources. Generally this involves identifying, collecting necessary information and mapping their important ground water resources; identifying the land uses in the community which can contaminate water supplies; distributing information to inform citizens; and determining what method of protection makes the most sense in the community. It can start with working with potential contaminators on a voluntary effort and range to efforts more regulatory in nature, to outright purchase of property, depending on the importance and vulnerability of the source. Provision of community sewer systems may provide protection.

Aquifer/Wellhead Protection Areas

An aquifer is a relatively special geologic formation that contains sufficient saturated "permeable material" to yield significant quantities of water to wells and springs. An aquifer's ability to yield water is dependent on the percentage of space available within the formation to hold water (its porosity) and the ease with which the structure of the formation allows water to pass through it (its permeability). The course texture of a sand and gravel deposit allow for large volumes of water to be stored and yet to flow through easily. These are the sources for the highest yields of ground water in Vermont. Another kind of aquifer is found in fractured bedrock. Water is stored in the faults in the rock. The size shape and interconnections of the fractures determine the amount of water available. The amount of water available from these kinds of aquifers

Map 4.4-3 Wellhead Protection Areas in The Addison Region.

is generally much less than the sand/gravel aquifers[8].

Aquifers are replenished by surface waters. "Recharge areas" are those places through which water most easily moves into the aquifer. Some examples of how ground water is recharged include infiltration of precipitation and seepage from streams and lakes.Recharge areas are also the conduit between any surface contamination and the groundwater supply. Knowing how aquifers are recharged helps to understand how groundwater supplies can become contaminated.

In Vermont, aquifers that supply public water systems[9] have been given the designation "wellheads" and the "wellhead protection areas" associated with them come under the Vermont Wellhead Protection Program (the State's implementation of the Federal Safe Drinking Water Act). The Wellhead Protection Program is designed to coordinate various state and local agencies and drinking water providers in the long-term protection of their wellhead protection areas from potential sources of contamination. Within this effort, water systems (both municipally and privately owned) must delineate their wellhead protection areas, identify potential sources of contamination, and develop plans and programs to minimize the risk of contamination.

Addison County has 8 delineated wellheads and 10 undelineated/radius based wellheads. ACRPC, working with Towns, has identified and mapped land uses in the wellhead areas, and with the help of Federal Water Quality Funds, has entered that data into the ACRPC GIS data base. (see map 4.4-3)

Addison Region's municipalities have the opportunity to perform land use planning for these critical areas. Rather than finding themselves in the situation of having to control, monitor and clean-up contamination, they can take a proactive, cost effective approach and prevent contamination. An area model might be the cooperative work done by the Town of Brandon and the Brandon Fire (Water) District to adopt an Aquifer Protection District in their land use ordinance.

Regionally Significant Waterbodies

Regionally significant waterbodies are those which have an effect on several towns and/or provide particularly important resources to residents of the Addison Region.

Those waterbodies so designated at present are:

1. Otter Creek

2. Dead Creek

3. Lake Champlain

4. Lake Dunmore

5. New Haven River

6. Middlebury River

Map 4.4-4 Significant Water Bodies in the Addison Region.

Map 4.4-5 Addison Region Steams and Watersheds.

AGRICULTURAL LANDS SUMMARY

VERMONT'S AGRICULTURAL MYTH Today there seems to be a general perception that dairy farming is synonymous with farming in Vermont (the myth). In the recent past sheep were the primary agricultural industry. The "myth" may not be true in the future as those who work in agriculture continue to follow the market.

ADDISON COUNTY AGRICULTURE TODAY & TOMORROW Today dairy farming is the primary agricultural activity in the Addison Region. It is expected that the Region's farmers will continue to produce milk in an even more efficient manner which is likely to maintain the level of milk production even if some farms convert away from dairy production. The type of agriculture conducted in the Region is likely to continue to change over time, but it is expected to continue to contribute as an economic and cultural force in the Region.

PRIVATE PROPERTY AND AGRICULTURE Today's agriculture has grown up out of a tradition of private property rights and responsibilities, and the rights and responsibilities of stewardship for the land. A passage from Vermont's Constitution is restated in the text pointing out the importance of compensating landowners when they are asked to provide public benefits. It is additionally pointed out that compensation to land owners prevents property which contains a public benefit from becoming a private liability, should the need for protection associated with the public benefit begin to interfere with the economic activity of the landowner.

LOSS OF CONNECTION TO AGRICULTURE There has been a tradition of participation by farmers in all levels of Vermont's government. In recent years, however, as their number decline, Vermont sees less agricultural representation on local or statewide boards. This loss of direct representation may be associated with a loss of understanding of agriculture and its regulation in both local and statewide governing bodies. This loss of contact may also be effecting the school systems.

REGULATION AND THREATS TO AGRICULTURE In recent years the amount of regulation faced by farmers has increased. In addition there are private actions such as nuisance suits and threats of vandalism that are also making agricultural operation more difficult. Wetland regulation is one example of regulation which concerns Addison Region's Farmers.

DATA TABLES The text contains tables which provide detailed data related to agriculture.

PROTECTION OF AGRICULTURAL RESOURCES It is important to protect the resources upon which the Region's agriculture is based. Such protection can be provided by landowners, local, and state government all of which should be acting in ways which are mutually supportive.

RIGHT TO FARM Vermont has "right-to-farm" Statutes (12 VSA §§ 5751-5753). This statute seeks to protect reasonable agricultural activities conducted on farm land from nuisance suits. The law has not been widely used in Vermont, and is generally considered to be a weak guarantee of a right-to-farm.

BUSINESS MANAGEMENT Improving the management of the farm operation is important and is supported by the classes offered by the Extension System.

CRITICAL MASS OF AGRICULTURAL SUPPORT SERVICES A minimum amount of farms in an area are necessary to maintain the agricultural support businesses that in turn provide critical services to the farms. This concept should be considered by towns when they prepare their plans and the bylaws that implement their plans.

USE BASE PROPERTY TAXATION Both State and Local governments can offer use based taxation to farmers. Since 1977 the State's Current Use Program has helped to keep land open and in productive agricultural use, however, in recent years this program has seen reduced funding, and thus reduced relief to farmers. Legislators are encouraged to look at the long term benefits of this type of program.

SOILS All soils in Addison County have been mapped by the USDA based on their productivity ratings. This information has been entered into the Geographic Information System. The Agricultural section of this Plan contains a map of the "Prime" and "Statewide" agricultural soils of Addison County. Under Act 250 proceedings "primary agricultural soils" includes both of these soils.

ESTABLISH THE BEST AGRICULTURAL LANDS Regional Plans are required to include land use plans that show the best lands for agriculture, and methods for maintaining them. The Statutes require use of guidelines established by the Commissioner of Agriculture (6 VSA § 8), however these guidelines have not been established. The Soil Conservation Service has developed a land evaluation system ("LESA") which can be used to identify a community's important agricultural lands.

ACT 250 & AGRICULTURAL LANDS Under Act 250 (criterion 9), permits may only be granted for development on "primary" agricultural soils when it is demonstrated that it will not significantly reduce the agricultural potential of those soils (among other specific considerations). Thus it is important for towns and land owners to know where the best agricultural soils are located.

ADDISON COUNTY SOILS RANKING SYSTEM In 1977 ACRPC had adopted a soils rating system based on the limitations of soils for conventional sub-surface disposal systems. This system incorporates some, but not all of the criteria set out in Title 6, and does not adequately address agriculture related factors. ACRPC will be developing a new set of criteria for identifying important agricultural lands as part of implementing this Plan.

SCENIC VIEWS CONFLICT Scenic resources are discussed minimally here, with further discussion in the Scenic Resources Section of this Plan.

WETLANDS & SWAMPBUSTER PROVISIONS One particular problem with wetland definition involves the provisions associated with the "Swampbuster" provisions of the 1985 Food Security Act which deny eligibility for most USDA program benefits if wetlands are involved in commodity crop production. It is recommended that the provision involving rotation cycles on prior converted lands be changed to reflect normal practices in this Region.

ACCEPTABLE AGRICULTURAL PRACTICES (AAP's) Wetland functions can be negatively impacted by activities associated with normal agricultural activities. It is noted that farmers and farm organizations are working to address these problems. In 1986 the Vermont Department of Agriculture developed guidelines (AAP's) which are designed to protect water quality. These guidelines are less restrictive than Best Management Practices (BMP's) and have been accepted by the farming community. Agricultural practices conforming with AAP standards are generally exempted from various water quality regulations and permit requirements.

BEST MANAGEMENT PRACTICES BMP's tend to be site specific. BMP's include a range of management practices, but generally are not as readily implemented as AAP's. ASCS provides financial assistance to implement BMP's which require expenditure for new equipment. Technical assistance is provided by SCS and others.

OTHER PROGRAMS Three other programs that benefit water quality are Integrated Pest Management; Integrated Crop Management; and the Small Watershed Program.

WILDLIFE HABITAT Rare and endangered species habitat may occur on farmland, and methods for allowing use while protecting the resource are mentioned. Deer wintering areas can also be located adjacent to farm land. Related impacts both to the farmer, and to the wintering areas are mentioned.

FARM OWNERSHIP The agricultural way of life continues to be an important part of the social and community patterns of the Addison Region. Family or Sole Proprietorship is the predominate form of ownership. This form of ownership, while well suited to family farming works against the transfer of the farm between generations due to the type of tax burden it creates when it is received by way of inheritance. Other forms of ownership do not create this type of burden. The data shows that partnership and corporate form of organization are increasing as farmers recognize their benefit. Where personal finances are closely tied to the farm as an asset, as with in the case of the sole proprietorship, any controls which increase the difficultly of turning that asset into cash when it is needed, concerns farmers.

TRANSITION The dairy industry in Vermont is in a period of transition to fewer and likely larger farms. The problems related to this transition increase the farmer's concern about any proposed limitation on the value of their farm. A comparison is made to the transition occurring in the machine tool industry. In periods of economic transition families have to face difficult decisions related to their source of income and all that supports. It is recommended that statewide solutions to these problems be considered, and that long term effects of decisions be considered. That solutions be pursued that work for all who are involved and that work to establish an economically healthy rural economy.