For continued work planned through October 15, measures may include installing stone temporary stabilization in the disturbed area. DEC photos
Vermont Business Magazine As winter approaches, the Department of Environmental Conservation (DEC) wants to remind construction professionals and property owners about additional requirements to help protect the state’s waterways during the winter construction season. Wintertime rainfall, thaws, and snowmelt can produce significant flows over frozen and saturated ground. These flows can then increase erosion and sediment flow.
“During the winter, it is significantly more difficult to prevent erosion and control sediment on construction sites,” said DEC Commissioner Misty Sinsigalli. “That means that taking proper measures to protect water quality is especially crucial at this time.”
Construction activities may require a Vermont Construction General Permit 3-9020 when total land disturbance is:
- Equal to or greater than 1 acre, or
- Less than 1 acre – but is part of a larger common plan of development – if the larger development will ultimately result in the disturbance of 1 or more acres.
Permittees must also have an Erosion Prevention and Sediment Control (EPSC) plan that addresses winter construction when seeking permit coverage between October 15 and April 15. Stabilizing exposed soil before it snows and using extra hay mulch or stone on frozen soils will lessen the risk of erosion during the winter. EPSC plans must follow the Vermont Standards and Specifications or the Low Risk Site Handbook, when applicable.
“Frozen soils often limit how permittees can reduce erosion,” said Tom Benoit, DEC Construction Section Supervisor. “Without measures like seeding and mulching exposed areas or adding silt fences ahead of winter, permittees need a feasible and effective EPSC plan that considers the additional challenges that stem from frozen conditions and eventual thaws.”
Measures within an EPSC plan may include properly installing storm drain inlet protection and keeping the area clean and clear of snow and ice buildup.
The DEC Stormwater Program oversees regulations and offers technical assistance for stormwater management. The Program offers resources to help Vermonters understand the full suite of measures, follow the permit requirements, and protect waterways.
To learn more, view the permit application instructions or the Low Risk Site Handbook. If a permittee did not specify winter construction activity in their application, they must file a Notice of Winter Construction form.
The Department of Environmental Conservation is responsible for protecting Vermont’s natural resources and safeguarding human health for the benefit of this and future generations. Visit dec.vermont.gov and follow the Department of Environmental Conservation on Facebook and Instagram.
Measures may also include reaching final stabilization of a construction site before October 15 with 70% or more grass cover and limits of disturbance installed around the newly established area.
10.13.2025. Montpelier, Vt. – Department of Environmental Conservation Website.
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