Bill would create lake-classification study group to review anti-degradation rules

A bill filed this session would form a study committee to examine whether Vermonts system for classifying and managing lakes and other surface waters is adequate to protect whole-lake ecosystems and to recommend statutory or regulatory changes.

Michael Grady of the Legislative Council told the Natural Resources & Energy Committee that the group would review existing statutory and regulatory frameworks, water-quality data and the states anti-degradation obligations under the federal Clean Water Act. "The group shall recommend to the general assembly whether the current regulatory framework . . . is adequate, and whether legislative policy changes are needed," Grady said while reading bill language.

The bill as drafted would include two members of the House, two members of the Senate, the secretarys designee at ANR/DEC, technical staff from DECs Water Quality Sciences unit, two business representatives, two nonprofit/environmental-advocacy representatives and one additional public-interest designee. Grady said the committee would be supported by ANR for administrative, technical and legal assistance and would report to the Legislature by Jan. 15, 2027.

Bethany Sargent, manager of DECs monitoring and assessment program, described the technical rationale for a study. She explained that Vermonts water-quality standards set designated uses (aquatic biota, recreation, drinking-water sources and others) and a default B2 classification for most waters. Sargent said reclassification and anti-degradation procedures allow the agency to evaluate whether certain waters merit higher protections, and she noted the agency has data supporting potential reclassification of more than 100 surface waters. "Any permitted lowering of water quality above that minimum criteria needs to be justified," Sargent said. "That justification is to avoid substantial adverse socioeconomic harm."

Supporters of the study argued the current system can leave high-quality lakes managed at the B2 baseline unless reclassification is initiated. The draft study group is intended to produce a practical path for reclassification, clarify how anti-degradation applies and identify legal or administrative barriers to protecting waters that meet higher biological or chemical criteria.

DEC and Legislative Council staff cautioned that reclassification has consequences for land use in affected watersheds and recommended careful stakeholder engagement. Sargent and other agency staff described prior stakeholder work, a draft anti-degradation implementation rule and earlier legislation that advanced the same objectives but did not complete the full process.

The committee did not take a vote; members requested additional follow-up and information from DEC and Legislative Council on specific data and on how the studys recommendations would interact with existing permit and land-use authorities. The study-group approach centralizes analysis and leaves policy choices to the Legislature and agencies if changes are recommended.