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Subchapter 001: GENERAL PROVISIONS; DEFINITIONS
§ 4301. Short title
This chapter may be referred to as the Vermont Planning and Development Act. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.)
§ 4302. Purpose; goals
(a) General purposes. It is the intent and purpose of this chapter to encourage the appropriate development
of all lands in this State by the action of its constituent municipalities and regions,
with the aid and assistance of the State, in a manner which will promote the public
health, safety against fire, floods, explosions, and other dangers; to promote prosperity,
comfort, access to adequate light and air, convenience, efficiency, economy, and general
welfare; to enable the mitigation of the burden of property taxes on agricultural,
forest, and other open lands; to encourage appropriate architectural design; to encourage
the development of renewable resources; to protect residential, agricultural, and
other areas from undue concentrations of population and overcrowding of land and buildings,
from traffic congestion, from inadequate parking and the invasion of through traffic,
and from the loss of peace, quiet, and privacy; to facilitate the growth of villages,
towns, and cities and of their communities and neighborhoods so as to create an optimum
environment, with good civic design; to encourage development of a rich cultural environment
and to foster the arts; and to provide means and methods for the municipalities and
regions of this State to plan for the prevention, minimization, and future elimination
of such land development problems as may presently exist or which may be foreseen
and to implement those plans when and where appropriate. In implementing any regulatory
power under this chapter, municipalities shall take care to protect the constitutional
right of the people to acquire, possess, and protect property.
(b) It is also the intent of the Legislature that municipalities, regional planning commissions,
and State agencies shall engage in a continuing planning process that will further
the following goals:
(1) To establish a coordinated, comprehensive planning process and policy framework to
guide decisions by municipalities, regional planning commissions, and State agencies.
(2) To encourage citizen participation at all levels of the planning process, and to assure
that decisions shall be made at the most local level possible commensurate with their
impact.
(3) To consider the use of resources and the consequences of growth and development for
the region and the State, as well as the community in which it takes place.
(4) To encourage and assist municipalities to work creatively together to develop and
implement plans.
(c) In addition, this chapter shall be used to further the following specific goals:
(1) To plan development so as to maintain the historic settlement pattern of compact village
and urban centers separated by rural countryside.
(A) Intensive residential development should be encouraged primarily in downtown centers,
village centers, planned growth areas, and village areas as described in section 4348a of this title, and strip development along highways should be avoided. These areas should be planned
so as to accommodate a substantial majority of housing needed to reach the housing
targets developed for each region pursuant to subdivision 4348a(a)(9) of this title.
(B) Economic growth should be encouraged in locally and regionally designated growth areas,
employed to revitalize existing village and urban centers, or both.
(C) Public investments, including the construction or expansion of infrastructure, should
reinforce the planned growth patterns of the area.
(D) Development should be undertaken in accordance with smart growth principles as defined
in subdivision 2791(13) of this title.
(2) To provide a strong and diverse economy that provides satisfying and rewarding job
opportunities and that maintains high environmental standards, and to expand economic
opportunities in areas with high unemployment or low per capita incomes.
(3) To broaden access to educational and vocational training opportunities sufficient
to ensure the full realization of the abilities of all Vermonters.
(4) To provide for safe, convenient, economic, and energy efficient transportation systems
that respect the integrity of the natural environment, including public transit options
and paths for pedestrians and bicyclers.
(A) Highways, air, rail, and other means of transportation should be mutually supportive,
balanced, and integrated.
(5) To identify, protect, and preserve important natural and historic features of the
Vermont landscape, including:
(A) significant natural and fragile areas;
(B) outstanding water resources, including lakes, rivers, aquifers, shorelands, and wetlands;
(C) significant scenic roads, waterways, and views;
(D) important historic structures, sites, or districts, archaeological sites, and archaeologically
sensitive areas.
(6) To maintain and improve the quality of air, water, wildlife, forests, and other land
resources.
(A) Vermont’s air, water, wildlife, mineral, and land resources should be planned for
use and development according to the principles set forth in 10 V.S.A. § 6086(a).
(B) Vermont’s water quality should be maintained and improved according to the policies
and actions developed in the basin plans established by the Secretary of Natural Resources
under 10 V.S.A. § 1253.
(C) Vermont’s forestlands should be managed so as to maintain and improve forest blocks
and habitat connectors.
(7) To make efficient use of energy, provide for the development of renewable energy resources,
and reduce emissions of greenhouse gases.
(A) General strategies for achieving these goals include increasing the energy efficiency
of new and existing buildings; identifying areas suitable for renewable energy generation;
encouraging the use and development of renewable or lower emission energy sources
for electricity, heat, and transportation; and reducing transportation energy demand
and single occupancy vehicle use.
(B) Specific strategies and recommendations for achieving these goals are identified in
the State energy plans prepared under 30 V.S.A. §§ 202 and 202b.
(8) To maintain and enhance recreational opportunities for Vermont residents and visitors.
(A) Growth should not significantly diminish the value and availability of outdoor recreational
activities.
(B) Public access to noncommercial outdoor recreational opportunities, such as lakes and
hiking trails, should be identified, provided, and protected wherever appropriate.
(9) To encourage and strengthen agricultural and forest industries.
(A) Strategies to protect long-term viability of agricultural and forestlands should be
encouraged and should include maintaining low overall density.
(B) The manufacture and marketing of value-added agricultural and forest products should
be encouraged.
(C) The use of locally-grown food products should be encouraged.
(D) Sound forest and agricultural management practices should be encouraged.
(E) Public investment should be planned so as to minimize development pressure on agricultural
and forest land.
(10) To provide for the wise and efficient use of Vermont’s natural resources and to facilitate
the appropriate extraction of earth resources and the proper restoration and preservation
of the aesthetic qualities of the area.
(11) To ensure the availability of safe and affordable housing for all Vermonters.
(A) Housing should be encouraged to meet the needs of a diversity of social and income
groups in each Vermont community, particularly for those citizens of low and moderate
income, and consistent with housing targets provided for in subdivision 4348a(a)(9) of this title.
(B) New and rehabilitated housing should be safe, sanitary, located conveniently to employment
and commercial centers, and coordinated with the provision of necessary public facilities
and utilities.
(C) Sites for multifamily and manufactured housing should be readily available in locations
similar to those generally used for single-family dwellings.
(D) Accessory dwelling units within or attached to single-family residences that provide
affordable housing in close proximity to cost-effective care and supervision for relatives,
elders, or persons who have a disability should be allowed.
(12) To plan for, finance, and provide an efficient system of public facilities and services
to meet future needs.
(A) Public facilities and services should include fire and police protection, emergency
medical services, schools, water supply, and sewage and solid waste disposal.
(B) The rate of growth should not exceed the ability of the community and the area to
provide facilities and services.
(13) To ensure the availability of safe and affordable child care and to integrate child
care issues into the planning process, including child care financing, infrastructure,
business assistance for child care providers, and child care work force development.
[Subdivision (c)(14) effective until January 1, 2028; see also subdivision (c)(14)
effective January 1, 2028 set out below.]
(14) To encourage flood resilient communities.
(A) New development in identified flood hazard and river corridor protection areas should
be avoided. If new development is to be built in such areas, it should not exacerbate
flooding and fluvial erosion.
(B) The protection and restoration of floodplains and upland forested areas that attenuate
and moderate flooding and fluvial erosion should be encouraged.
(C) Flood emergency preparedness and response planning should be encouraged.
[Subdivision (c)(14) effective January 1, 2028; see also subdivision (c)(14) effective
until January 1, 2028 set out above.]
(14) To encourage flood resilient communities.
(A) New development in identified flood hazard, fluvial erosion, and river corridor protection
areas should be avoided. If new development is to be built in such areas, it should
not exacerbate flooding and fluvial erosion and should meet or exceed the statewide
minimum flood hazard area standards established by rule by the Agency of Natural Resources.
(B) The protection and restoration of floodplains and upland forested areas that attenuate
and moderate flooding and fluvial erosion should be encouraged.
(C) Flood emergency preparedness and response planning should be encouraged.
(15) To equitably distribute environmental benefits and burdens as described in 3 V.S.A. chapter 72.
(d) All plans and regulations prepared under the authority of this chapter shall be based
upon surveys of existing conditions and probable future trends, and shall be made
in the light of present and future growth and requirements, and with reasonable consideration,
for the landowner, to topography, to needs and trends of the municipality, the region
and the State, to the character of each area and to its peculiar suitability for particular
uses in relationship to surrounding areas, and with a view to conserving the value
of buildings.
(e) Use of goals.
(1) The goals established in this section shall be employed, as provided under this chapter,
to carry out the general purposes established in this section.
(2) After July 1, 1989, none of the following shall be prepared or adopted, unless consistent
with the goals established in this section:
(A) all plans prepared by regional planning commissions, and all plans required of State
agencies under 3 V.S.A. § 4020;
(B) measures implementing State agency plans.
(f) Standard of review.
(1) As used in this chapter, “consistent with the goals” requires substantial progress
toward attainment of the goals established in this section, unless the planning body
determines that a particular goal is not relevant or attainable. If such a determination
is made, the planning body shall identify the goal in the plan and describe the situation,
explain why the goal is not relevant or attainable, and indicate what measures should
be taken to mitigate any adverse effects of not making substantial progress toward
that goal. The determination of relevance or attainability shall be subject to review
as part of a consistency determination under this chapter.
(2) As used in this chapter, for one plan to be “compatible with” another, the plan in
question, as implemented, will not significantly reduce the desired effect of the
implementation of the other plan. If a plan, as implemented, will significantly reduce
the desired effect of the other plan, the plan may be considered compatible if it
includes the following:
(A) a statement that identifies the ways that it will significantly reduce the desired
effect of the other plan;
(B) an explanation of why any incompatible portion of the plan in question is essential
to the desired effect of the plan as a whole;
(C) an explanation of why, with respect to any incompatible portion of the plan in question,
there is no reasonable alternative way to achieve the desired effect of the plan;
and
(D) an explanation of how any incompatible portion of the plan in question has been structured
to mitigate its detrimental effects on the implementation of the other plan. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116, § 1; 1979, No. 174 (Adj. Sess.), § 1; 1987, No. 200 (Adj. Sess.), § 7, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 1; 1991, No. 130 (Adj. Sess.), § 1; 2003, No. 67, § 7b; 2003, No. 115 (Adj. Sess.), § 82; 2013, No. 16, § 1, eff. July 1, 2014; 2013, No. 96 (Adj. Sess.), § 161; 2013, No. 146 (Adj. Sess.), § 4, eff. May 27, 2014; 2015, No. 64, § 27; 2015, No. 171 (Adj. Sess.), § 14; 2015, No. 174 (Adj. Sess.), § 2; 2023, No. 121 (Adj. Sess.), § 7, eff. January 1, 2028; 2023, No. 181 (Adj. Sess.), § 45, eff. June 17, 2024.)
§ 4303. Definitions
The following definitions shall apply throughout this chapter unless the context otherwise
requires:
(1) “Affordable housing” means either of the following:
(A) Owner-occupied housing for which the total annual cost of ownership, including principal,
interest, taxes, insurance, and condominium association fees, does not exceed 30 percent
of the gross annual income of a household at 120 percent of the highest of the following:
(i) the county median income, as defined by the U.S. Department of Housing and Urban Development;
(ii) the standard metropolitan statistical area median income if the municipality is located
in such an area, as defined by the U.S. Department of Housing and Urban Development;
or
(iii) the statewide median income, as defined by the U.S. Department of Housing and Urban
Development.
(B) Rental housing for which the total annual cost of renting, including rent, utilities,
and condominium association fees, does not exceed 30 percent of the gross annual income
of a household at 80 percent of the highest of the following:
(i) the county median income, as defined by the U.S. Department of Housing and Urban Development;
(ii) the standard metropolitan statistical area median income if the municipality is located
in such an area, as defined by the U.S. Department of Housing and Urban Development;
or
(iii) the statewide median income, as defined by the U.S. Department of Housing and Urban
Development.
(2) “Affordable housing development” means a housing development of which at least 20
percent of the units or a minimum of five units, whichever is greater, are affordable
housing units. Affordable units shall be subject to covenants or restrictions that
preserve their affordability for a minimum of 15 years or longer as provided in municipal
bylaws.
(3) “Appropriate municipal panel” means a planning commission performing development review,
a board of adjustment, a development review board, or a legislative body performing
development review.
(4) “Bylaws” means municipal regulations applicable to land development adopted under
the authority of this chapter.
(5) “Capacity study” means an inventory of available natural and human-made resources,
based on detailed data collection, that identifies the capacities and limits of those
resources to absorb land development. Data gathered, relevant to the geographic information
system, shall be compatible with, useful to, and shared with the geographic information
system established under 3 V.S.A. § 20.
(6) “Conformance with the plan” means a proposed implementation tool, including a bylaw
or bylaw amendment that is in accord with the municipal plan in effect at the time
of adoption, when the bylaw or bylaw amendment includes all the following:
(A) Makes progress toward attaining, or at least does not interfere with, the goals and
policies contained in the municipal plan.
(B) Provides for proposed future land uses, densities, and intensities of development
contained in the municipal plan.
(C) Carries out, as applicable, any specific proposals for community facilities, or other
proposed actions contained in the municipal plan.
(7) “Element” means a component of a plan.
(8) “Flood hazard area” for purposes of sections 4348a, 4382, 4411, 4424, and 4469 of this title shall have the same meaning as “area of special flood hazard” under 44 C.F.R. § 59.1. Further, with respect to flood, river corridor protection area, and other hazard
area regulation pursuant to this chapter, the following terms shall have the following
meanings:
(A) “Floodproofing” shall have the same meaning as “flood proofing” under 44 C.F.R. § 59.1.
(B) “Floodway” shall have the same meaning as “regulatory floodway” under 44 C.F.R. § 59.1.
(C) “Hazard area” means land subject to landslides, soil erosion, fluvial erosion, earthquakes,
water supply contamination, or other natural or human-made hazards as identified within
a “local mitigation plan” enacted under section 4424 of this title and in conformance with and approved pursuant to the provisions of 44 C.F.R. § 201.6.
(D) “National Flood Insurance Program” means the National Flood Insurance Program under
42 U.S.C. chapter 50 and implementing federal regulations in 44 C.F.R. parts 59 and 60.
(E) “New construction” means construction of structures or filling commenced on or after
the effective date of the adoption of a community’s flood hazard bylaws.
(F) “Substantial improvement” means any repair, reconstruction, or improvement of a structure,
the cost of which equals or exceeds 50 percent of the market value of the structure
either before the improvement or repair is started or, if the structure has been damaged
and is being restored, before the damage occurred. However, the term does not include
either of the following:
(i) Any project or improvement of a structure to comply with existing State or local health,
sanitary, or safety code specifications that are solely necessary to ensure safe living
conditions.
(ii) Any alteration of a structure listed on the National Register of Historic Places or
a State inventory of historic places.
(G) “Equilibrium condition” means the width, depth, meander pattern, and longitudinal
slope of a stream channel that occurs when water flow, sediment, and woody debris
are transported by the stream in such a manner that it generally maintains dimensions,
pattern, and slope without unnaturally aggrading or degrading the channel bed elevation.
(H) “Fluvial erosion” means the erosion or scouring of riverbeds and banks during high
flow conditions of a river.
(I) “River” means the full length and width, including the bed and banks, of any watercourse,
including rivers, streams, creeks, brooks, and branches which experience perennial
flow. “River” does not mean constructed drainageways, including water bars, swales,
and roadside ditches.
(J) “River corridor” means the land area adjacent to a river that is required to accommodate
the dimensions, slope, planform, and buffer of the naturally stable channel and that
is necessary for the natural maintenance or natural restoration of a dynamic equilibrium
condition and for minimization of fluvial erosion hazards, as delineated by the Agency
of Natural Resources in accordance with river corridor protection procedures.
(K) “River corridor protection area” means the area within a delineated river corridor
subject to fluvial erosion that may occur as a river establishes and maintains the
dimension, pattern, and profile associated with its dynamic equilibrium condition
and that would represent a hazard to life, property, and infrastructure placed within
the area.
(9) “Legislative body” means the selectboard in the case of a town, the trustees in the
case of an incorporated village, and the mayor, alderpersons, and city council members
in the case of a city, and the supervisor in the case of an unorganized town or gore.
(10) “Land development” means the division of a parcel into two or more parcels, the construction,
reconstruction, conversion, structural alteration, relocation, or enlargement of any
building or other structure, or of any mining, excavation, or landfill, and any change
in the use of any building or other structure, or land, or extension of use of land.
(11) “Municipal land use permit” means any of the following whenever issued:
(A) A zoning, subdivision, site plan, or building permit or approval, any of which relate
to “land development” as defined in this section, that has received final approval
from the applicable board, commission, or officer of the municipality.
(B) A wastewater system permit issued under any municipal ordinance adopted pursuant to
chapter 102 of this title.
(C) Final official minutes of a meeting that relate to a permit or approval described
in subdivision (11)(A) or (B) of this section that serve as the sole evidence of that
permit or approval.
(D) A certificate of occupancy, certificate of compliance, or similar certificate that
relates to the permits or approvals described in subdivision (11)(A) or (B) of this
section, if the bylaws so require.
(E) An amendment of any of the documents listed in subdivisions (11)(A) through (D) and
(F) of this section.
(F) A certificate of approved location for a salvage yard issued under subchapter 10 of
chapter 61 of this title.
(12) “Municipality” means a town, a city, or an incorporated village or an unorganized
town or gore. An incorporated village shall be deemed to be within the jurisdiction
of a town for the purposes of this chapter, except to the extent that a village adopts
its own plan and one or more bylaws either before, concurrently with, or subsequent
to such action by the town, in which case the village shall have all authority granted
a municipality under this chapter and the plans and bylaws of the town shall not apply
during such period of time that said village plan and bylaws are in effect.
(13) “Nonconforming lots or parcels” means lots or parcels that do not conform to the present
bylaws covering dimensional requirements but were in conformance with all applicable
laws, ordinances, and regulations prior to the enactment of the present bylaws, including
a lot or parcel improperly authorized as a result of error by the administrative officer.
(14) “Nonconforming structure” means a structure or part of a structure that does not conform
to the present bylaws but was in conformance with all applicable laws, ordinances,
and regulations prior to the enactment of the present bylaws, including a structure
improperly authorized as a result of error by the administrative officer.
(15) “Nonconforming use” means use of land that does not conform to the present bylaws
but did conform to all applicable laws, ordinances, and regulations prior to the enactment
of the present bylaws, including a use improperly authorized as a result of error
by the administrative officer.
(16) “Nonconformity” means a nonconforming use, structure, lot, or parcel.
(17) “Person” means an individual, a corporation, a partnership, an association, and any
other incorporated or unincorporated organization or group.
(18) “Plan” means a municipal plan adopted under section 4385 of this title.
(19) “Planned unit development” means one or more lots, tracts, or parcels of land to be
developed as a single entity, the plan for which may propose any authorized combination
of density or intensity transfers or increases, as well as the mixing of land uses.
This plan, as authorized, may deviate from bylaw requirements that are otherwise applicable
to the area in which it is located with respect to lot size, bulk, or type of dwelling
or building, use, density, intensity, lot coverage, parking, required common open
space, or other standards.
(20) “Planning commission” means a planning commission for a municipality created under
subchapter 2 of this chapter.
(21) “Public notice” means the form of notice prescribed by section 4444, 4449, or 4464 of this title, as the context requires.
(22) “Regional plan” means a plan adopted under section 4348 of this title.
(23) “Regional planning commission” means a planning commission for a region created under
subchapter 3 of this chapter.
(24) “Renewable energy resources” means energy available for collection or conversion from
direct sunlight, wind, running water, organically derived fuels, including wood and
agricultural sources, waste heat, and geothermal sources.
(25) “Rural town” means a town having, as at the date of the most recent U.S. census, a
population of less than 2,500 persons, as evidenced by that census, or a town having
2,500 or more but less than 5,000 persons that has voted by Australian ballot to be
considered a rural town.
(26) “Should” means that an activity is encouraged but not mandated.
(27) “Structure” means an assembly of materials for occupancy or use, including a building,
mobile home or trailer, sign, wall, or fence.
(28) “Technical deficiency” means a defect in a proposed plan or bylaw, or an amendment
or repeal thereof, correction of which does not involve substantive change to the
proposal, including corrections to grammar, spelling, and punctuation, as well as
the numbering of sections.
(29) “Telecommunications facility” means a tower or other support structure, including
antennae, that will extend 20 or more feet vertically, and related equipment, and
base structures to be used primarily for communication or broadcast purposes to transmit
or receive communication or broadcast signals.
(30) “Transit pass” means any pass, token, fare card, voucher, or similar item entitling
a person to transportation to and from work on mass transit facilities and provided
by an employer consistent with Internal Revenue Code Section 132(f).
(31) “Urban municipality” means a city, an incorporated village, or any town that is not
a rural town.
(32) “Wetlands” means those areas of the State that are inundated by surface or groundwater
with a frequency sufficient to support vegetation or aquatic life that depend on saturated
or seasonally saturated soil conditions for growth and reproduction. Such areas include
marshes, swamps, sloughs, potholes, fens, river and lake overflows, mud flats, bogs,
and ponds, but excluding such areas as grow food or crops in connection with farming
activities.
(33) “Public road” means a State highway as defined in 19 V.S.A. § 1 or a class 1, 2, or 3 town highway as defined in 19 V.S.A. § 302(a). A municipality may, at its discretion, define a public road to also include a class
4 town highway as defined in 19 V.S.A. § 302(a).
(34) “Forest block” means a contiguous area of forest in any stage of succession and not
currently developed for nonforest use. A forest block may include recreational trails,
wetlands, or other natural features that do not themselves possess tree cover, and
uses exempt from regulation under subsection 4413(d) of this title.
(35) “Forest fragmentation” means the division or conversion of a forest block by land
development other than by a recreational trail or use exempt from regulation under
subsection 4413(d) of this title.
(36) “Habitat connector” means land or water, or both, that links patches of wildlife habitat
within a landscape, allowing the movement, migration, and dispersal of animals and
plants and the functioning of ecological processes. A habitat connector may include
recreational trails and uses exempt from regulation under subsection 4413(d) of this title. In a plan or other document issued pursuant to this chapter, a municipality or regional
plan commission may use the phrase “wildlife corridor” in lieu of “habitat connector.”
(37) “Recreational trail” means a corridor that is not paved and that is used for hiking,
walking, bicycling, cross-country skiing, snowmobiling, all-terrain vehicle riding,
horseback riding, and other similar recreational activity.
(38) “Accessory dwelling unit” means a distinct unit that is clearly subordinate to a single-family
dwelling and has facilities and provisions for independent living, including sleeping,
food preparation, and sanitation, provided there is compliance with all the following:
(A) the property has sufficient wastewater capacity; and
(B) the unit does not exceed 30 percent of the total habitable floor area of the single-family
dwelling or 900 square feet, whichever is greater.
(39) “Duplex” means a residential building that has two dwelling units in the same building
and neither unit is an accessory dwelling unit.
(40) “Emergency shelter” means any facility, the primary purpose of which is to provide
a temporary shelter for the homeless in general or for specific populations of the
homeless and that does not require occupants to sign leases or occupancy agreements.
(41) “Multiunit or multifamily dwelling” means a building that contains three or more dwelling
units in the same building.
(42)(A) An area “served by municipal sewer and water infrastructure” means:
(i) an area where residential connections and expansions are available to municipal water
and direct and indirect discharge wastewater systems and not prohibited by:
(I) State regulations or permits;
(II) identified capacity constraints; or
(III) municipally adopted service and capacity agreements; or
(ii) an area established by the municipality by ordinance or bylaw where residential connections
and expansions are available to municipal water and direct and indirect discharge
wastewater systems and which may exclude:
(I) flood hazard or inundation areas as established by statute, river corridors or fluvial
erosion areas as established by statute, shorelands, areas within a zoning district
or overlay district the purpose of which is natural resource protection, and wherever
year-round residential development is not allowed;
(II) areas with identified service limits established by State regulations or permits,
identified capacity constraints, or municipally adopted service and capacity agreements;
(III) areas served by sewer and water to address an identified community-scale public health
hazard or environmental hazard;
(IV) areas serving a mobile home park that is not within an area planned for year-round
residential growth;
(V) areas serving an industrial site or park;
(VI) areas where service lines are located to serve the areas described in subdivisions
(III)–(V) of this subdivision (ii), but no connections or expansions are permitted;
or
(VII) areas that, through an approved Planned Unit Development under section 4417 of this title or Transfer of Development Rights under section 4423 of this title, prohibit year-round residential development.
(B) Municipally adopted areas served by municipal sewer and water infrastructure that
limit sewer and water connections and expansions shall not result in the unequal treatment
of housing by discriminating against a year-round residential use or housing type
otherwise allowed in this chapter. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116, § 2; 1969, No. 223 (Adj. Sess.), § 2, eff. March 31, 1970; 1971, No. 78, § 3, eff. April 16, 1971; 1971, No. 257 (Adj. Sess.), § 20, eff. April 11, 1972; 1973, No. 261 (Adj. Sess.), § 1, eff. July 1, 1974; 1975, No. 164 (Adj. Sess.), § 1; 1979, No. 174 (Adj. Sess.), § 2; 1981, No. 132 (Adj. Sess.), §§ 1, 1a, 2, 2a; 1985, No. 188 (Adj. Sess.), § 6; 1987, No. 200 (Adj. Sess.), § 17, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 2; 1995, No. 122 (Adj. Sess.), § 1, eff. Apr. 25, 1996; 1997, No. 94 (Adj. Sess.), § 6, eff. April 15, 1998; 1999, No. 46, § 4, eff. May 26, 1999; 1999, No. 161 (Adj. Sess.), § 7; 2003, No. 115 (Adj. Sess.), § 83; 2009, No. 93 (Adj. Sess.), § 5; 2011, No. 138 (Adj. Sess.), § 11, eff. May 14, 2012; 2011, No. 155 (Adj. Sess.), § 13; 2013, No. 16, § 2, eff. July 1, 2014; 2013, No. 34, § 14; 2015, No. 171 (Adj. Sess.), § 15, eff. Jan. 1, 2018; 2017, No. 69, § H.2, eff. June 28, 2017; 2023, No. 47, § 4, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 328, eff. July 1, 2024.)
§ 4303a. Computation of time
Where an event is required or permitted to occur by this chapter before, on, or after
a specified period of time measured from another event, in calculating the period:
(1) the first day shall not be counted; and
(2) the final day shall be counted. (Added 1981, No. 132 (Adj. Sess.), § 3.)
§ 4304. Planning and land use manual
(a) The Commissioner of Housing and Community Development shall prepare, maintain, and
distribute from time to time to all municipalities a manual setting forth:
(1) a copy of this chapter, together with all amendments thereof;
(2) examples of land planning policies, and maps and documents prepared in conformance
with plan requirements;
(3) an explanation and illustrative examples of bylaws, capital programs, budgets, and
procedures authorized in this chapter; and
(4) other explanatory material and data which will aid municipalities in the preparation
of plans, capital budgets, programs, and the administration of bylaws authorized in
this chapter.
(b) The Commissioner of Housing and Community Development shall, from time to time, confer
with interested persons with a view toward ensuring the maintenance of such manual
in a form most useful to those regions and municipalities making use of it.
(c) Sections of this manual may be cited in any plan or bylaw in the same manner as citations
of this chapter, and may be incorporated by reference in any plan bylaw. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 22, eff. April 11, 1972; 1975, No. 164 (Adj. Sess.), § 2; 1995, No. 190 (Adj. Sess.), § 1(a); 2013, No. 146 (Adj. Sess.), § 5, eff. May 27, 2014.)
§ 4305. Repealed. 2009, No. 146 (Adj. Sess), § G4, eff. June 1, 2010.
§ 4306. Municipal and Regional Planning and Resilience Fund
(a)(1) The Municipal and Regional Planning and Resilience Fund for the purpose of assisting
municipal and regional planning commissions to carry out the intent of this chapter
is hereby created in the State Treasury.
(2) The Fund shall be composed of 13 percent of the revenue deposited from the property
transfer tax under 32 V.S.A. chapter 231 and any monies from time to time appropriated to the Fund by the General Assembly
or received from any other source, private or public. All balances at the end of any
fiscal year shall be carried forward and remain in the Fund. Interest earned by the
Fund shall be deposited in the Fund.
(3) Of the revenues in the Fund, each year:
(A) 10 percent shall be disbursed to the Vermont Center for Geographic Information;
(B) 70 percent shall be disbursed to the Secretary of Commerce and Community Development
for performance contracts with regional planning commissions to provide regional planning
services pursuant to section 4341a of this title; and
(C) 20 percent shall be disbursed to municipalities.
(b)(1) Allocations for performance contract funding to regional planning commissions shall
be determined according to a formula to be adopted by rule under 3 V.S.A. chapter 25 by the Department for the assistance of the regional planning commissions. Disbursement
of funding to regional planning commissions shall be predicated upon meeting performance
goals and targets pursuant to the terms of the performance contract.
(2) Disbursement to municipalities shall be awarded annually on or before December 31
through a competitive program administered by the Department providing the opportunity
for any eligible municipality or municipalities to compete regardless of size, provided
that to receive funds, a municipality:
(A) shall be confirmed under section 4350 of this title; or
(B)(i) shall use the funds for the purpose of developing a municipal plan to be submitted
for approval by the regional planning commission, as required for municipal confirmation
under section 4350 of this title; and
(ii) shall have voted at an annual or special meeting to provide local funds for municipal
planning and resilience purposes and regional planning purposes.
(3) Of the annual disbursement to municipalities, an amount not to exceed 20 percent of
the total may be disbursed to the Department to administer a program providing direct
technical consulting assistance under retainer on a rolling basis to any eligible
municipality to meet the requirements for designated neighborhood development area
under chapter 76A of this title, provided that the municipality is eligible for funding
under subdivision (2) of this subsection and meets funding guidelines established
by the Department to ensure accessibility for lower capacity communities, municipal
readiness, and statewide coverage.
(4) Of the annual disbursement to municipalities, the Department may allocate funding
as bylaw modernization grants under section 4307 of this title.
(c) Funds allocated to municipalities shall be used for the purposes of:
(1) funding the regional planning commission in undertaking capacity studies;
(2) carrying out the provisions of subchapters 5 through 10 of this chapter;
(3) acquiring development rights, conservation easements, or title to those lands, areas,
and strictures identified in either regional or municipal plans as requiring special
consideration for provision of needed housing, aquifer protection, flood protection,
climate resilience, open space, farmland preservation, or other conservation purposes;
and
(4) reasonable and necessary costs of administering the Fund by the Department of Housing
and Community Development, not to exceed six percent of the municipality allocation.
(d) Until July 1, 2027, the annual disbursement to municipalities shall:
(1) prioritize funding grants to municipalities that do not have zoning or subdivision
bylaws to create zoning or subdivision bylaws;
(2) allow a regional planning commission to submit an application for disbursement on
behalf of a municipality; and
(3) not require a municipality without zoning or subdivision bylaws to contribute matching
funds in order to receive a grant. (Added 1987, No. 200 (Adj. Sess.), § 4; amended 1997, No. 156 (Adj. Sess.), § 41; 1999, No. 1, § 97b, eff. March 31, 1999; 1999, No. 49, § 80; 1999, No. 62, § 263; 1999, No. 152 (Adj. Sess.), § 271d; 2003, No. 115 (Adj. Sess.), § 84; 2003, No. 164 (Adj. Sess.), § 14, eff. June 12, 2004; 2015, No. 11, § 29; 2021, No. 182 (Adj. Sess.), § 26, eff. July 1, 2022; 2023, No. 47, § 14, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 62, § 76, eff. June 17, 2024.)
§ 4307. Municipal Bylaw Modernization Grants
(a) There are created Municipal Bylaw Modernization Grants to assist municipalities in
updating their land use and development bylaws. Bylaws updated under this section
shall increase housing choice, affordability, and opportunity in areas planned for
smart growth. The Grants shall be funded by monies allocated from the municipality
allocation of the Municipal and Regional Planning Funds established in subdivision 4306(a)(3)(C) of this title and any other monies appropriated for this purpose.
(b) Disbursement to municipalities shall be administered by the Department of Housing
and Community Development through a competitive process providing the opportunity
for all regions and any eligible municipality to compete regardless of size.
(c) Funds may be disbursed by the Department in installments to ensure the municipal bylaw
updates meet the goals of this section.
(d) Funding may be used for the cost of regional planning commission staff or consultant
time and any other purpose approved by the Department.
(e) A municipality grantee shall use the funds to prepare amendments to bylaws to increase
housing choice, affordability, and opportunity and that support a neighborhood development
pattern that is pedestrian oriented in areas planned for smart growth consistent with
the smart growth principles established in section 2791 of this title and that prioritize projects in designated areas in accordance with chapter 76A of
this title.
(f) To receive the grant, the municipality shall:
(1) identify municipal water and wastewater disposal infrastructure, municipal water and
sewer service areas, and the constraints on that infrastructure based on the best
available data;
(2) increase allowed housing types and uses, which may include duplexes, to the same extent
as single-family homes;
(3) include parking waiver provisions in areas planned for smart growth consistent with
smart growth principles as defined in section 2791 of this title and appropriate situations;
(4) review and modify street standards that implement the complete streets principles
as described in 19 V.S.A. § 309d and that are oriented to pedestrians;
(5) reduce nonconformities by making the allowed standards principally conform to the
existing settlement within any area designated under chapter 76A of this title and
increase allowed lot, building, and dwelling unit density by adopting dimensional,
use, parking, and other standards that allow compact neighborhood form and support
walkable lot and dwelling unit density, which may be achieved with a standard allowing
at least four units per acre or allowing the receipt of a State or municipal water
and wastewater permit to determine allowable density or by other means established
in guidelines issued by the Department;
(6) restrict development of and minimize impact to important natural resources, including new development in flood hazard areas, undeveloped floodplains, and river corridor areas, unless lawfully allowed for infill development in §29-201 of the Vermont Flood Hazard Area and River Corridor Rule;
(7) update the municipal plan’s housing element as provided in subdivision 4382(a)(10) of this title related to addressing lower- and moderate-income housing needs, implement that element
of the plan including through the bylaw amendments, and demonstrate how those bylaws
support the implementation of the housing element; and
(8) comply with State and Federal Fair Housing Act, including the fair housing provisions
of Vermont’s Planning and Development Act.
(g) On or before September 1, 2022, the Department shall adopt guidelines to assist municipalities
applying for grants under this section. (Added 2021, No. 182 (Adj. Sess.), § 27, eff. July 1, 2022.)
-
Subchapter 003: REGIONAL PLANNING COMMISSIONS
§ 4341. Creation of regional planning commissions
(a) A regional planning commission may be created at any time by the act of the voters
or the legislative body of each of a number of contiguous municipalities, upon the
written approval of the Agency of Commerce and Community Development. Approval of
a designated region shall be based on whether the municipalities involved constitute
a logical geographic and a coherent socioeconomic planning area. All municipalities
within a designated region shall be considered members of the regional planning commission.
For the purpose of a regional planning commission’s carrying out its duties and functions
under State law, such a designated region shall be considered a political subdivision
of the State.
(b) Two or more existing regional planning commissions may be merged to form a single
commission by act of the legislative bodies in a majority of the municipalities in
each of the merging regions.
(c) A municipality may move from one regional planning commission to another regional
planning commission on terms and conditions approved by the Secretary of Commerce
and Community Development. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 1, eff. April 11, 1972; 1981, No. 132 (Adj. Sess.), § 4; 1987, No. 200 (Adj. Sess.), § 19, eff. July 1, 1989; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2009, No. 156 (Adj. Sess.), § F.11, eff. June 3, 2010; 2013, No. 36, § 3.)
§ 4341a. Performance grants for regional planning service
(a) The Secretary of Commerce and Community Development shall negotiate and issue performance
grants to regional planning commissions, or to regional planning commissions and regional
development corporations in the case of a joint grant, to provide regional planning
services.
(b) A performance grant shall address how the regional planning commission, or regional
planning commission and regional development corporation jointly, will improve results
and achieve savings compared with the current regional service delivery system, which
may include:
(1) a proposal without change in the makeup or change of the area served;
(2) a joint proposal to provide different services pursuant to a grant to one or more
regional service providers;
(3) colocation with other local, regional, or State service providers;
(4) merger with one or more regional service providers;
(5) consolidation of administrative functions and additional operational efficiencies
within the region; or
(6) such other cost-saving mechanisms as may be available. (Added 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; amended 2015, No. 11, § 30; 2015, No. 157 (Adj. Sess.), § C.2, eff. July 1, 2017.)
§ 4342. Regional planning commissions; membership
A regional planning commission shall contain at least one representative appointed
from each member municipality. All representatives may be compensated and reimbursed
by their respective municipalities for necessary and reasonable expenses. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 2, eff. April 11, 1972; 1977, No. 158 (Adj. Sess.).)
§ 4343. Appointment, term, and vacancy; rules
(a) Representatives to a regional planning commission representing each participating
municipality shall be appointed for a term and any vacancy filled by the legislative
body of such municipality in the manner provided and for the terms established by
the charter and bylaws of the regional planning commission. Regardless of regional
planning commission bylaws, representatives to the commission shall serve at the pleasure
of the legislative body. The legislative body may, by majority vote of the entire
body, revoke a commission member’s appointment at any time.
(b) A regional planning commission may elect an executive board, consisting of not less
than five nor more than nine members, to oversee the operations of the commission
and implement the policies of the commission, and shall elect a chair and a secretary,
and, at its organization meeting shall adopt, by a two-thirds vote of those representatives
present and voting at such meeting, such rules and create and fill such other offices
as it deems necessary or appropriate for the performance of its functions, including
the number and qualification of members, terms of office, and provisions for municipal
representation and voting.
(c) A regional planning commission may also have such other members, who may be elected
or appointed in such manner as the regional planning commission may prescribe by its
rules adopted pursuant to this section. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1981, No. 132 (Adj. Sess.), § 5, eff. July 1, 1982; 1989, No. 280 (Adj. Sess.), § 3b; 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010.)
§ 4344. Repealed. 2009, No. 146 (Adj. Sess.), § G5.
§ 4345. Optional powers and duties of regional planning commissions
Any regional planning commission created under this chapter may:
(1) Develop an inventory of the region’s fire and safety facilities; hospitals, rest homes,
or other facilities for aging or disabled persons; correctional facilities; and emergency
shelters; and work with regulated utilities, the Department of Public Service, the
Department of Public Safety, potential developers of distributed power facilities,
adjoining regional planning commissions, interested adjoining regional entities from
adjoining states, and citizens of the region to propose and evaluate alternative sites
for distributed power facilities that might provide uninterrupted local or regional
power at least for identified critical service providers in time of extended national,
statewide, or regional power disruption or other emergency.
(2)-(5) [Repealed.]
(6) Undertake studies and make recommendations on land development, urban renewal, transportation,
economic, industrial, commercial, and social development, urban beautification and
design improvements, historic and scenic preservation, State capital investment plans,
and wetland protection.
(7) [Repealed.]
(8) Require of each municipality in its area and all State agencies such available information
as relates to the work of the regional planning commission.
(9) In the performance of its functions, enter upon land, with prior approval of the landowner,
to make examinations and surveys.
(10) Retain staff and consultant assistance in carrying out its duties and powers, and
contract with one or more persons to provide administrative, clerical, information
technology, human resources, or related functions.
(11) Undertake comprehensive planning, including related preliminary planning, State capital
investment plans, and engineering studies.
(12) Carry out, with the cooperation of municipalities within the region, economic development
programs for the appropriate development, improvement, protection, and preservation
of the region’s physical and human resources.
(13) Provide planning, training, and development services to local and regional communities
and assist communities in evaluating economic conditions and prepare for economic
growth and stability.
(14) Gather economic and demographic information concerning the area served.
(15) Assist existing business and industry, encourage the development and growth of small
business, and to attract industry and commerce.
(16) Include in its charter and bylaws adopted pursuant to section 4343 of this chapter
the power to:
(A) Acquire and dispose of a fee simple or lesser interest in real property through purchase,
lease, grant, gift, bequest, or devise for the purpose of fulfilling its duties pursuant
to this section and section 4345a of this title.
(B) Borrow money and incur indebtedness for the purposes of purchasing or leasing property
for office space, establish and administer a revolving loan fund, or establish a line
of credit, if approved by a two-thirds vote of those representatives to the regional
planning commission present and voting at a meeting to approve such action. Any obligation
incurred under this subdivision (B):
(i) shall not encumber the grand list or any property of a member municipality; and
(ii) in the case of a purchase, shall pledge the property to be purchased as collateral
and shall not exceed the fair market value of such property.
(C) At the request of one or more member municipalities, act as an escrow agent and hold
funds related to a municipal capital project or a project subject to a municipal land
use permit in an escrow account, including taxes to be paid by the project, fines,
and developer fees. Funds so held shall be segregated in a special account for each
project on the books of the regional planning commission and, within each project
account, by municipality. However, this subdivision (C) shall not confer authority
on a regional planning commission to hold tax increment revenues received from a tax
increment financing district under chapter 53, subchapter 5 of this title.
(D) Enter into contracts with public and private entities, including the State of Vermont
and the federal government to provide regional planning services and fulfill its duties
pursuant to this section and section 4345a of this title.
(E) Invest funds held in reserve in any security or investment that is prudent under the
Uniform Prudent Management of Institutional Funds Act. This subdivision (E) only shall
apply to funds whose investment is not otherwise restricted by State or federal law;
the terms of a grant, gift, or devise; or the terms of a contract or service agreement
formed under this chapter.
(17) Perform such other acts or functions as it may deem necessary or appropriate to fulfill
the duties and obligations imposed by, and the intent and purposes of, this chapter. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 3, eff. April 11, 1972; 1979, No. 174 (Adj. Sess.), § 5; 1981, No. 132 (Adj. Sess.), § 6; 1985, No. 188 (Adj. Sess.), § 8; 1987, No. 200 (Adj. Sess.), § 20, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 3; 2005, No. 208 (Adj. Sess.), § 9; 2009, No. 146 (Adj. Sess.), § G5; 2011, No. 104 (Adj. Sess.), § 30, eff. May 7, 2012; 2013, No. 36, § 1; 2015, No. 174 (Adj. Sess.), § 3; 2017, No. 123 (Adj. Sess.), § 2, eff. May 3, 2018.)
§ 4345a. Duties of regional planning commissions
A regional planning commission created under this chapter shall:
(1) Promote the mutual cooperation of its municipalities and assist and advise municipalities,
compacts, and authorities within the region to facilitate economic development programs
for the appropriate development, improvement, protection, and preservation of the
region’s physical and human resources.
(2) Advise municipal governing bodies with respect to public financing.
(3) Provide technical and legal assistance to municipalities in the preparation and maintenance
of plans, capacity studies, and bylaws and in related implementation activities.
(4) Cooperate with the planning, legislative, or executive authorities of neighboring
states, regions, counties, or municipalities to promote coordination of planning for,
conservation, and development of the region and adjoining or neighboring territory.
(5) Prepare a regional plan and amendments that are consistent with the goals established
in section 4302 of this title, and compatible with approved municipal and adjoining regional plans. When preparing
a regional plan, the regional planning commission shall:
(A) Develop and carry out a process that will encourage and enable widespread citizen
involvement and meaningful participation, as defined in 3 V.S.A. § 6002.
(B) Develop a regional data base that is compatible with, useful to, and shared with the
geographic information system established under 3 V.S.A. § 20.
(C) Conduct capacity studies;.
(D) Identify areas of regional significance. Such areas may be, but are not limited to,
historic sites, earth resources, rare and irreplaceable natural areas, recreation
areas, and scenic areas.
(E) Consider the potential environmental benefits and environmental burdens, as defined
in 3 V.S.A. § 6002, of the proposed plan.
(F) Consider the probable social and economic benefits and consequences of the proposed
plan.
(G) Prepare a report explaining how the regional plan is consistent with the goals established
in section 4302 of this title.
(6) Prepare implementation guidelines that will assist municipalities and the regional
commission in developing a planning process that will attain, within a reasonable
time, consistency with the goals established in section 4302 of this title. Guidelines, which may be revised at any time, shall be prepared initially by July
1, 1989.
(7) Prepare, in conjunction with the Commissioner of Housing and Community Development,
guidelines for the provision of affordable housing in the region, share information
developed with respect to affordable housing with the municipalities in the region
and with the Commissioner of Housing and Community Development, and consult with the
Commissioner when developing the housing element of the regional plan.
(8) Confirm municipal planning efforts, where warranted, as required under section 4350 of this title, and provide town clerks of the region with notice of confirmation.
(9) At least every eight years, review the compatibility of municipal plans, and if the
regional planning commission finds that growth in a municipality without an approved
plan is adversely affecting an adjoining municipality, it shall notify the legislative
body of both municipalities of that fact and shall urge that the municipal planning
be undertaken to mitigate those adverse effects. If, within six months of receipt
of this notice, the municipality creating the adverse effects does not have an approved
municipal plan, the regional commission shall adopt appropriate amendments to the
regional plan as it may deem appropriate to mitigate those adverse effects.
(10) Develop strategies specifically designed to assist municipalities in defining and
managing growth and development that have cumulative impacts.
(11) Review proposed State capital expenditures prepared pursuant to 32 V.S.A. chapter 5 and the Transportation Program prepared pursuant to 19 V.S.A. chapter 1 for compatibility and consistency with regional plans and submit comments to the
Secretaries of Transportation and Administration and the legislative committees of
jurisdiction.
(12) Assist municipalities to review proposed State capital expenditures for compatibility
with municipal plans.
(13) Appear before District Environmental Commissions to aid them in making a determination
as to the conformance of developments and subdivisions with the criteria of 10 V.S.A. § 6086.
(14) With respect to proceedings under 30 V.S.A. § 248:
(A) have the right to appear and participate; and
(B) appear before the Public Utility Commission to aid in making determinations under
that statute when requested by the Commission.
(15) Hold public hearings.
(16) Before requesting the services of a mediator with respect to a conflict that has arisen
between adopted or proposed plans of two or more regions or two or more municipalities
located in different regions, appoint a joint interregional commission, in cooperation
with other affected regional commissions, for the purpose of negotiating differences.
(17) As part of its regional plan, define a substantial regional impact, as the term may
be used with respect to its region. This definition shall be given substantial deference,
where relevant, in State regulatory proceedings.
(18) If a municipality requests the assistance of the regional planning commission in coordinating
the way that its plan addresses projects of substantial regional impact with the way
those projects are addressed by its neighbors’ planning efforts, the regional planning
commission shall convene an ad hoc working group to address the issue. The working
group shall be composed of representatives of all municipalities likely to be affected
by the plan in question, regardless of whether or not they belong to the same region.
With the assistance of a facilitator provided by the regional planning commission,
the ad hoc working group will attempt to develop a proposed consensus with respect
to projects of substantial regional impact. If a proposed consensus is developed,
the results of the consensus will be reported to the planning commissions and legislative
bodies represented.
(19) Undertake studies and make recommendations on the conservation of energy and the development
of renewable energy resources.
(20) If designated as a clean water service provider under 10 V.S.A. § 924, provide for the identification, prioritization, development, construction, inspection,
verification, operation, and maintenance of clean water projects in the basin assigned
to the regional planning commission in accordance with the requirements of 10 V.S.A. chapter 37, subchapter 5. (Added 1987, No. 200 (Adj. Sess.), § 21, eff. July 1, 1989; amended 1989, No. 280 (Adj. Sess.), § 4; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 146 (Adj. Sess.), § G5; 2015, No. 174 (Adj. Sess.), § 4; 2019, No. 76, § 5; 2023, No. 181 (Adj. Sess.), § 46, eff. June 17, 2024.)
§ 4345b. Intermunicipal service agreements
(a)(1) Prior to exercising the authority granted under this section, a regional planning
commission shall:
(A) draft bylaws specifying the process for entering into, method of withdrawal from,
and method of terminating service agreements with municipalities; and
(B) hold one or more public hearings within the region to hear from interested parties
and citizens regarding the draft bylaws.
(2) At least 30 days prior to any hearing required under this subsection, notice of the
time and place and a copy of the draft bylaws, with a request for comments, shall
be delivered to the chair of the legislative body of each municipality within the
region, which may be done electronically, provided the sender has proof of receipt.
The regional planning commission shall make copies available to any individual or
organization requesting a copy.
(3) The regional planning commission may make revisions to the draft bylaws at any time
prior to adoption of the bylaws. If revisions are made to the draft bylaws, the regional
planning commission shall hold a final hearing and shall deliver notice as required
in subdivision (2) of this subsection.
(b)(1) The draft bylaws required under subsection (a) of this section shall be adopted by
a vote of at least 67 percent of the commissioners of the regional planning commission
in accordance with the voting procedures of the regional planning commission.
(2) The draft bylaws shall be considered duly adopted and shall take effect 35 days after
a vote required under this subsection, unless, within 35 days of the date of adoption,
the regional planning commission receives certification from the legislative bodies
of a majority of the municipalities in the region vetoing the proposed bylaws. In
such case, the bylaws shall be deemed repealed.
(c) Upon adoption of the bylaws under subsection (b) of this section, a regional planning
commission may:
(1) promote cooperative arrangements and coordinate, implement, and administer service
agreements among municipalities, including arrangements and action with respect to
planning, community development, joint purchasing, intermunicipal services, infrastructure,
and related activities; and
(2) exercise any power, privilege, or authority, as defined within a service agreement
under subsection (d) of this section, capable of exercise by a municipality as necessary
or desirable for dealing with problems of local or regional concern.
(d)(1) In exercising the powers set forth in subsection (c) of this section, a regional planning
commission shall enter into a service agreement with one or more municipalities.
(2) Participation by a municipality shall be voluntary and only valid upon appropriate
action by the legislative body of the municipality. To become effective, a service
agreement shall be ratified by the regional planning commission and the legislative
bodies of the municipalities who are a party to the service agreement.
(3) A service agreement shall describe the services to be provided and the amount of funds
payable by each municipality that is a party to the service agreement. Service of
personnel, use of equipment and office space, and other necessary services may be
accepted from municipalities as part of their financial support.
(4) Any modification to a service agreement shall not become effective unless approved
by the legislative body of the municipalities who are a party to the service agreement.
(e) A regional planning commission shall not have the following powers under this section:
(1) essential legislative functions;
(2) taxing authority; or
(3) eminent domain.
(f)(1) Funds provided for regional planning under section 4341a or 4346 of this chapter shall
not be used to provide services under a service agreement without prior written authorization
from the State agency or other entity providing the funds.
(2) A commission shall not use municipal funds or grants provided for regional planning
services under this chapter to cover the costs of providing services under any service
agreement under this section. (Added 2015, No. 89 (Adj. Sess.), § 1; amended 2017, No. 197 (Adj. Sess.), § 11.)
§ 4346. Appropriations
Regional planning commissions may apply for, receive, and expend monies from any source,
public or private, including grants, loans, and funds made available by the participating
municipalities, and by an agency or department of the State of Vermont, out of State
funds appropriated to that agency or department for this purpose. Notwithstanding
the provisions of any municipal charter, any municipality may appropriate and expend
funds to and for regional planning commissions either by the authorization of its
voters or by incorporating such amount as a line item in their administrative budget. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 4, eff. April 11, 1972; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2013, No. 36, § 2.)
§ 4347. Purposes of regional plan
A regional plan shall be made with the general purpose of guiding and accomplishing
a coordinated, efficient, equitable, and economic development of the region that will,
in accordance with the present and future needs and resources, best promote the health,
safety, order, convenience, prosperity, and welfare of current and future inhabitants
as well as efficiency and economy in the process of development. This general purpose
includes recommending a distribution of population and of the uses of the land for
urbanization, trade, industry, habitation, recreation, agriculture, forestry, and
other uses as will tend to:
(1) create conditions favorable to transportation, health, safety, civic activities, and
educational and cultural opportunities;
(2) reduce the wastes of financial, energy, and human resources that result from either
excessive congestion or excessive scattering of population;
(3) promote an efficient and economic utilization of drainage, energy, sanitary, and other
facilities and resources;
(4) promote the conservation of the supply of food, water, energy, and minerals;
(5) promote the production of food and fiber resources and the reasonable use of mineral,
water, and renewable energy resources;
(6) promote the development of housing suitable to the needs of the region and its communities;
and
(7) help communities equitably build resilience to address the effects of climate change
through mitigation and adaptation consistent with the Vermont Climate Action Plan
adopted pursuant to 10 V.S.A. § 592 and 3 V.S.A. chapter 72. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1979, No. 174 (Adj. Sess.), § 6; 1987, No. 200 (Adj. Sess.), §§ 22, 23, eff. July 1, 1989; 2023, No. 181 (Adj. Sess.), § 47, eff. June 17, 2024.)
§ 4348. Adoption and amendment of regional plan
(a) A regional planning commission shall adopt a regional plan. Any plan for a region,
and any amendment, shall be prepared by the regional planning commission. At the outset
of the planning process and throughout the process, regional planning commissions
shall solicit the participation of each of their member municipalities, local citizens,
and organizations by holding informal working sessions that suit the needs of local
people. The purpose of these working sessions is to allow for meaningful participation
as defined in 3 V.S.A. § 6002, provide consistent information about new statutory requirements related to the regional
plan, explain the reasons for new requirements, and gather information to be used
in the development of the regional plan and future land use element.
(b) 60 days prior to holding the first public hearing on a regional plan, a regional planning
commission shall submit a draft regional plan to the Land Use Review Board review
and comments related to conformance of the draft with sections 4302 and 4348a of this title and chapter 139 of this title. The Board shall coordinate with other State agencies
and respond within 60 days unless more time is granted by the regional planning commission.
(c) The regional planning commission shall hold two or more public hearings within the
region after public notice on any proposed plan or amendment. The minimum number of
required public hearings may be specified within the bylaws of the regional planning
commission.
(d)(1) At least 30 days prior to the first hearing, a copy of the proposed plan or amendment,
a report documenting conformance with the goals established in section 4302 of this
chapter and the plan elements established in section 4348a of this chapter, and a
description of any changes to the Regional Future Land Use Map with a request for
general comments and for specific comments with respect to the extent to which the
plan or amendment is consistent with the goals established in section 4302 of this title, shall be delivered physically or electronically with proof of receipt or sent by
certified mail, return receipt requested, to each of the following:
(A) the chair of the legislative body, or municipal manager, if any, of each municipality
within the region;
(B) the executive director of each abutting regional planning commission;
(C) the Department of Housing and Community Development within the Agency of Commerce
and Community Development and the Community Investment Board for a formal review and
comment;
(D) business, conservation, low-income advocacy, and other community or interest groups
or organizations that have requested notice in writing prior to the date the hearing
is warned; and
(E) the Agency of Natural Resources; the Agency of Agriculture, Food and Markets; the
Agency of Transportation; the Department of Public Service; the Department of Public
Safety’s Division of Emergency Management; and the Land Use Review Board.
(2) At least 30 days prior to the first hearing, the regional planning commission shall
provide each of its member municipalities with a written description of map changes
within the municipality, a municipality-wide map showing old versus new areas with
labels, and information about the new Tier structure under 10 V.S.A. chapter 151, including how to obtain Tier 1A or 1B status, and the process for updating designated
area boundaries.
(e) Any of the foregoing bodies, or their representatives, may submit comments on the
proposed regional plan or amendment to the regional planning commission, and may appear
and be heard in any proceeding with respect to the adoption of the proposed plan or
amendment.
(f) The regional planning commission may make revisions to the proposed plan or amendment
at any time not less than 30 days prior to the final public hearing held under this
section. If the proposal is changed, a copy of the proposed change shall be delivered
physically; electronically with proof of receipt; or by certified mail, return receipt
requested, to the chair of the legislative body of each municipality within the region
and to any individual or organization requesting a copy at least 30 days prior to
the final hearing.
(g) A regional plan or amendment shall be adopted by not less than a 60 percent vote of
the commissioners representing municipalities, in accordance with the bylaws of the
regional planning commission.
(h)(1) Within 15 days following adoption, a regional planning commission shall submit its
regionally adopted regional plan to the Land Use Review Board for a determination
of regional plan compliance with a report documenting conformance with the goals established
in section 4302 of this chapter and the plan elements established in section 4348a
of this chapter and a description of any changes to the regional plan future land
use map.
(2) The Land Use Review Board shall hold a public hearing within 60 days after receiving
a plan and provide notice of it at least 15 days in advance by direct mail or electronically
with proof of receipt to the requesting regional planning commission, posting on the
website of the Land Use Review Board, and publication in a newspaper of general circulation
in the region affected. The regional planning commission shall notify its municipalities
and post on its website the public hearing notice.
(3) The Land Use Review Board shall issue the determination in writing within 15 days
after the close of the hearing on the plan. If the determination is affirmative, a
copy of the determination shall be provided to the regional planning commission and
the Community Investment Board. If the determination is negative, the Land Use Review
Board shall state the reasons for denial in writing and, if appropriate, suggest acceptable
modifications. Submissions for a new determination that follow a negative determination
shall receive a new determination within 45 days.
(4) The Land Use Review Board’s affirmative determination shall be based upon finding
the regional plan meets the following requirements:
(A) Consistency with the State planning goals as described in section 4302 of this chapter
with consistency determined in the manner described under subdivision 4302(f)(1) of
this chapter.
(B) Consistency with the purposes of the regional plan established in section 4347 of
chapter.
(C) Consistency with the regional plan elements as described in section 4348a of this
chapter, except that the requirements of section 4352 of this chapter related to enhanced
energy planning shall be the under the sole authority of the Department of Public
Service.
(D) Compatibility with adjacent regional planning areas in the manner described under
subdivision 4302(f)(2) of this chapter.
(i) Objections of interested parties.
(1) An interested party who has participated in the regional plan adoption process may
object to the approval of the plan or approval of the future land use maps by the
Land Use Review Board within 15 days following plan adoption by the regional planning
commission. Participation is defined as providing written or oral comments stating
objections for consideration at a public hearing held by the regional planning commission.
Objections shall be submitted using a form provided by the Land Use Review Board.
(2) As used in this section, an “interested party” means any one of the following:
(A) Any 20 persons by signed petition who own property or reside within the region. The
petition must designate one person to serve as the representative of the petitioners
regarding all matters related to the objection. The designated representative shall
have participated in the regional plan adoption process.
(B) A party entitled to notice under subsection (d) of this section.
(3) Any objection under this section shall be limited to the question of whether the regional
plan is consistent with the regional plan elements and future land use areas as described
in section 4348a of this title. The requirements of section 4352 of this title related to enhanced energy planning shall be under the sole authority of the Department
of Public Service and shall not be reviewed by the Land Use Review Board.
(4) The Land Use Review Board shall hear any objections of regional plan adoption concurrently
with regional plan review under subsection (h) of this section and 10 V.S.A. § 6033. The Land Use Review Board decision of approval of a regional plan shall expressly
evaluate any objections and state the reasons for their decisions in writing. If applicable,
the decision to uphold an objection shall suggest modifications to the regional plan.
(j) Minor amendments to regional plan future land use map. A regional planning commission
may submit a request for a minor amendment to boundaries of a future land use area
for consideration by the Land Use Review Board with a letter of support from the municipality.
The request may only be submitted after an affirmative vote of the municipal legislative
body and the regional planning commission board. The Land Use Review Board, after
consultation with the Community Investment Board and the regional planning commissions,
shall provide guidance about what constitutes a minor amendment. Minor amendments
may include any change to a future land use area consisting of fewer than 10 acres.
A minor amendment to a future land use area shall not require an amendment to a regional
plan and shall be included in the next iteration of the regional plan. The Board may
adopt rules to implement this section.
(k) An affirmative determination of regional plan compliance issued pursuant to this section
shall remain in effect until the end of the period for expiration or readoption of
the plan to which it applies.
(l) Regional planning commissions shall be provided up to 18 months from a negative determination
by the Land Use Review Board to obtain an affirmative determination of regional plan
compliance. If a regional planning commission is unable to obtain affirmative determination
of regional plan compliance, the plan shall be considered unapproved and member municipalities
shall lose any associated benefits related to designations, such as Act 250 exemptions
or eligibility for State infrastructure investments.
(m) Upon approval by the Land Use Review Board, the plan shall be considered duly adopted,
shall take effect, and is not appealable. The plan shall be immediately submitted
to the entities listed in subsection (d) of this section.
(n) Regional plans may be reviewed from time to time and may be amended in the light of
new developments and changed conditions affecting the region.
(o) In proceedings under 10 V.S.A. chapter 151, 10 V.S.A. chapter 159, and 30 V.S.A. § 248, in which the provisions of a regional plan or a municipal plan are relevant to the
determination of any issue in those proceedings:
(1) the provisions of the regional plan shall be given effect to the extent that they
are not in conflict with the provisions of a duly adopted municipal plan; and
(2) to the extent that such a conflict exists, the regional plan shall be given effect
if it is demonstrated that the project under consideration in the proceedings would
have a substantial regional impact as determined by the definition in the regional
plan.
(p) Regional planning commissions shall adopt a regional plan in conformance with this
title on or before December 31, 2026. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 5, eff. April 11, 1972; 1979, No. 174 (Adj. Sess.), § 7; 1981, No. 132 (Adj. Sess.), § 7; 1987, No. 200 (Adj. Sess.), § 24, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 4a; 1989, No. 286 (Adj. Sess.), § 11, eff. June 22, 1990; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2015, No. 64, § 28; 2017, No. 197 (Adj. Sess.), § 12; 2023, No. 181 (Adj. Sess.), § 48, eff. June 17, 2024.)
§ 4348a. Elements of a regional plan
(a) A regional plan shall be consistent with the goals established in section 4302 of this title and shall include the following:
(1) A statement of basic policies of the region to guide the future growth and development
of land and of public services and facilities, and to protect the environment.
(2) A natural resources and working lands element, which shall consist of a map or maps
and policies, based on ecosystem function, consistent with Vermont Conservation Design,
support compact centers surrounded by rural and working lands, and that:
(A) Indicates those areas of significant natural resources, including existing and proposed
for forests, wetlands, vernal pools, rare and irreplaceable natural areas, floodplains,
river corridors, recreation, agriculture using the agricultural lands identification
process established in 6 V.S.A. § 8, residence, commerce, industry, public, and semipublic uses, open spaces, areas reserved
for flood plain, forest blocks, habitat connectors, recreation areas and recreational
trails, and areas identified by the State, regional planning commissions, or municipalities
that require special consideration for aquifer protection; for wetland protection;
for the maintenance of forest blocks, wildlife habitat, and habitat connectors; or
for other conservation purposes.
(B) Indicates those areas that have the potential to sustain agriculture and recommendations
for maintaining them that may include transfer of development rights, acquisition
of development rights, or farmer assistance programs.
(C) Indicates those areas that are important as forest blocks and habitat connectors and
plans for land development in those areas to minimize forest fragmentation and promote
the health, viability, and ecological function of forests. A plan may include specific
policies to encourage the active management of those areas for wildlife habitat, water
quality, timber production, recreation, or other values or functions identified by
the regional planning commission.
(D) Encourages preservation of rare and irreplaceable natural areas, scenic and historic
features and resources.
(E) Encourages protection and improvement of the quality of waters of the State to be
used in the development and furtherance of the applicable basin plans established
by the Secretary of Natural Resources under 10 V.S.A. § 1253.
(3) An energy element, including an analysis of resources, needs, scarcities, costs, and
problems within the region across all energy sectors, including electric, thermal,
and transportation; a statement of policy on the conservation and efficient use of
energy and the development and siting of renewable energy resources; a statement of
policy on patterns and densities of land use likely to result in conservation of energy;
and an identification of potential areas for the development and siting of renewable
energy resources and areas that are unsuitable for siting those resources or particular
categories or sizes of those resources.
(4) A transportation element consisting of a statement of present and prospective transportation
and circulation facilities, and a map showing existing and proposed highways, including
limited access highways, and streets by type and character of improvement, and where
pertinent, anticipated points of congestion, parking facilities, transit routes, terminals,
bicycle paths and trails, scenic roads, airports, railroads and port facilities, and
other similar facilities or uses, and recommendations to meet future needs for such
facilities, with indications of priorities of need, costs, and method of financing.
(5) A utility and facility element, consisting of a map and statement of present and prospective
local and regional community facilities and public utilities, whether publicly or
privately owned, showing existing and proposed educational, recreational and other
public sites, buildings and facilities, including public schools, State office buildings,
hospitals, libraries, power generating plants and transmission lines, wireless telecommunications
facilities and ancillary improvements, water supply, sewage disposal, refuse disposal,
storm drainage, and other similar facilities and activities, and recommendations to
meet future needs for those facilities, with indications of priority of need.
(6) [Repealed.]
(7) A program for the implementation of the regional plan’s objectives, including a recommended
investment strategy for regional facilities and services based on a capacity study
of the elements in this section.
(8) A statement indicating how the regional plan relates to development trends, needs,
and plans and regional plans for adjacent municipalities and regions.
(9) A housing element that identifies the regional and community-level need for housing
that will result in an adequate supply of building code and energy code compliant
homes where most households spend not more than 30 percent of their income on housing
and not more than 15 percent on transportation. To establish housing needs, the Department
of Housing and Community Development shall publish statewide and regional housing
targets or ranges as part of the Statewide Housing Needs Assessment. The regional
planning commission shall consult the Statewide Housing Needs Assessment; current
and expected demographic data; the current location, quality, types, and cost of housing;
other local studies related to housing needs; and data gathered pursuant to subsection 4382(c) of this title. If no such data has been gathered, the regional planning commission shall gather
it. The regional planning commission’s assessment shall estimate the total needed
housing investments in terms of price, quality, unit size or type, and zoning district
as applicable and shall disaggregate regional housing targets or ranges by municipality.
The housing element shall include a set of recommended actions to satisfy the established
needs.
(10) An economic development element that describes present economic conditions and the
location, type, and scale of desired economic development, and identifies policies,
projects, and programs necessary to foster economic growth.
(11)(A) A flood resilience element that:
(i) identifies flood hazard and fluvial erosion hazard areas, based on river corridor
maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected,
including floodplains, river corridors, land adjacent to streams, wetlands, and upland
forests, to reduce the risk of flood damage to infrastructure and improved property;
and
(ii) recommends policies and strategies to protect the areas identified and designated
under this subdivision (A) and to mitigate risks to public safety, critical infrastructure,
historic structures, and public investments.
(B) A flood resilience element may reference an existing regional hazard mitigation plan
approved under 44 C.F.R. § 201.6.
(12) A future land use element, based upon the elements in this section, that sets forth
the present and prospective location, amount, intensity, and character of such land
uses in relation to the provision of necessary community facilities and services and
that consists of a map delineating future land use area boundaries for the land uses
in subdivisions (A)–(J) of this subdivision (12) as appropriate and any other special
land use category the regional planning commission deems necessary; descriptions of
intended future land uses; and policies intended to support the implementation of
the future land use element using the following land use categories:
(A) Downtown or village centers. These areas are the mixed-use centers bringing together community economic activity
and civic assets. They include downtowns, villages, and new town centers previously
designated under chapter 76A and downtowns and village centers seeking benefits under
the Community Investment Program under section 5804 of this title. The downtown or village centers are the traditional and historic central business
and civic centers within planned growth areas, village areas, or may stand alone.
Village centers are not required to have public water, wastewater, zoning, or subdivision
bylaws.
(B) Planned growth areas. These areas include the high-density existing settlement and future growth areas with
high concentrations of population, housing, and employment in each region and town,
as appropriate. They include a mix of historic and nonhistoric commercial, residential,
and civic or cultural sites with active streetscapes, supported by land development
regulations; public water or wastewater, or both; and multimodal transportation systems.
These areas include new town centers, downtowns, village centers, growth centers,
and neighborhood development areas previously designated under chapter 76A of this
title. These areas should generally meet the smart growth principles definition in
chapter 139 of this title and the following criteria:
(i) The municipality has a duly adopted and approved plan and a planning process that
is confirmed in accordance with section 4350 of this title and has adopted bylaws and regulations in accordance with sections 4414, 4418, and 4442 of this title.
(ii) This area is served by public water or wastewater infrastructure.
(iii) The area is generally within walking distance from the municipality’s or an adjacent
municipality’s downtown, village center, new town center, or growth center.
(iv) The area excludes identified flood hazard and river corridor areas, except those areas
containing preexisting development in areas suitable for infill development as defined
in section 29-201 of the Vermont Flood Hazard Area and River Corridor Rule.
(v) The municipal plan indicates that this area is intended for higher-density residential
and mixed-use development.
(vi) The area provides for housing that meets the needs of a diversity of social and income
groups in the community.
(vii) The area is served by planned or existing transportation infrastructure that conforms
with “complete streets” principles as described under 19 V.S.A. chapter 24 and establishes pedestrian access directly to the downtown, village center, or new
town center. Planned transportation infrastructure includes those investments included
in the municipality’s capital improvement program pursuant to section 4430 of this title.
(C) Village areas. These areas include the traditional settlement area or a proposed new settlement area,
typically composed of a cohesive mix of residential, civic, religious, commercial,
and mixed-use buildings, arranged along a main street and intersecting streets that
are within walking distance for residents who live within and surrounding the core.
These areas include existing village center designations and similar areas statewide,
but this area is larger than the village center designation. Village areas shall meet
the following criteria:
(i) The municipality has a duly adopted and approved plan and a planning process that
is confirmed in accordance with section 4350 of this title.
(ii) The municipality has adopted bylaws and regulations in accordance with sections 4414, 4418, and 4442 of this title.
(iii) Unless the municipality has adopted flood hazard and river corridor bylaws, applicable
to the entire municipality, that are consistent with the standards established pursuant
to 10 V.S.A. § 755b (flood hazard) and 10 V.S.A. § 1428(b) (river corridor), the area excludes identified flood hazard and river corridors,
except those areas containing preexisting development in areas suitable for infill
development as defined in 29-201 of the Vermont Flood Hazard Area and River Corridor
Rule.
(iv) The municipality has either municipal water or wastewater. If no public wastewater
is available, the area must have soils that are adequate for wastewater disposal.
(v) The area has some opportunity for infill development or new development areas where
the village can grow and be flood resilient.
(D) Transition or infill area. These areas include areas of existing or planned commercial, office, mixed-use development,
or residential uses either adjacent to a planned growth or village area or a new stand-alone
transition or infill area and served by, or planned for, public water or wastewater,
or both. The intent of this land use category is to transform these areas into higher-density,
mixed-use settlements, or residential neighborhoods through infill and redevelopment
or new development. New commercial linear strip development is not allowed as to prevent
it negatively impacting the economic vitality of commercial areas in the adjacent
or nearby planned growth or village area. This area could also include adjacent greenfields
safer from flooding and planned for future growth.
(E) Resource-based recreation areas. These areas include large-scale resource-based recreational facilities, often concentrated
around ski resorts, lakeshores, or concentrated trail networks, that may provide infrastructure,
jobs, or housing to support recreational activities.
(F) Enterprise areas. These areas include locations of high economic activity and employment that are not
adjacent to planned growth areas. These include industrial parks, areas of natural
resource extraction, or other commercial uses that involve larger land areas. Enterprise
areas typically have ready access to water supply, sewage disposal, electricity, and
freight transportation networks.
(G) Hamlets. Small historic clusters of homes and may include a school, place of worship, store,
or other public buildings not planned for significant growth; no public water supply
or wastewater systems; and mostly focused along one or two roads. These may be depicted
as points on the future land use map.
(H) Rural; general. These areas include areas that promote the preservation of Vermont’s traditional working
landscape and natural area features. They allow for low-density residential and some
limited commercial development that is compatible with productive lands and natural
areas. This may also include an area that a municipality is planning to make more
rural than it is currently.
(I) Rural; agricultural and forestry. These areas include blocks of forest or farmland that sustain resource industries,
provide critical wildlife habitat and movement, outdoor recreation, flood storage,
aquifer recharge, and scenic beauty, and contribute to economic well-being and quality
of life. Development in these areas should be carefully managed to promote the working
landscape and rural economy, and address regional goals, while protecting the agricultural
and forest resource value.
(J) Rural; conservation. These are areas of significant natural resources, identified by regional planning
commissions or municipalities based upon existing Agency of Natural Resources mapping
that require special consideration for aquifer protection; for wetland protection;
for the maintenance of forest blocks, wildlife habitat, and habitat connectors; or
for other conservation purposes. The mapping of these areas and accompanying policies
are intended to help meet requirements of 10 V.S.A. chapter 89. Any portion of this area that is approved by the LURB as having Tier 3 area status
shall be identified on the future land use map as an overlay upon approval.
(b) The various elements and statements shall be correlated with the land use element
and with each other. The maps called for by this section may be incorporated on one
or more maps, and may be referred to in each separate statement called for by this
section.
(c) The regional plan future land use map shall delineate areas within the regional planning
commission’s member municipalities that are eligible to receive designation benefits
as centers and neighborhoods when the future land use map is approved by the Land
Use Review Board per 10 V.S.A. § 6033. The areas eligible for designation as centers shall be identified on the regional
plan future land use map as regional downtown centers and village centers. The areas
eligible for designation as neighborhoods shall be identified on the regional plan
future land use map as planned growth areas and village areas in a manner consistent
with this section and chapter 139 of this title. This methodology shall include all
approved designated downtowns, villages, new town centers, neighborhood development
areas, and growth centers existing on December 31, 2025, unless the subject member
municipality requests otherwise.
(d) With the exception of preexisting, nonconforming designations approved prior to the
establishment of the program, the areas eligible for designation benefits upon the
Land Use Review Board’s approval of the regional plan future land use map for designation
as a center shall not include development that is disconnected from a downtown or
village center and that lacks an existing or planned pedestrian connection to the
center via a complete street.
(e) The Vermont Association of Planning and Development Agencies shall develop, maintain,
and update standard methodology and process for the mapping of areas eligible for
Tier 1B status under 10 V.S.A. § 6033 and designation under chapter 139 of this title. The methodology shall be issued
on or before December 31, 2024, in consultation with the Department of Housing and
Community Development and Land Use Review Board. (Added 1981, No. 132 (Adj. Sess.), § 7; amended 1985, No. 188 (Adj. Sess.), § 9; 1987, No. 200 (Adj. Sess.), §§ 26, 27, eff. July 1, 1989; 1997, No. 94 (Adj. Sess.), § 3, eff. April 15, 1998; 2011, No. 52, § 32, eff. July 1, 2012; 2013, No. 16, § 3, eff. July 1, 2014; 2013, No. 146 (Adj. Sess.), § 7, eff. May 27, 2014; 2015, No. 64, § 29; 2015, No. 171 (Adj. Sess.), § 16, eff. Jan. 1, 2018; 2015, No. 174 (Adj. Sess.), § 5; 2023, No. 47, § 11, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 49, eff. June 17, 2024.)
§ 4348b. Readoption of regional plans
(a) Unless they are readopted, all regional plans, including all prior amendments, shall
expire every eight years.
(b)(1) A regional plan that has expired or is about to expire may be readopted as provided
under section 4348 of this title for the adoption of a regional plan or amendment. Prior to any readoption, the regional
planning commission shall prepare an assessment report which shall be submitted to
the Agency of Commerce and Community Development and the municipalities within the
region. The assessment report may include:
(A) the extent to which the plan has been implemented since adoption or readoption;
(B) an evaluation of the goals and policies and any amendments necessary due to changing
conditions of the region;
(C) an evaluation of the land use element and any amendments necessary to reflect changes
in land use within the region or changes to regional goals and policies;
(D) priorities for implementation in the next five years; and
(E) updates to information and data necessary to support goals and policies.
(2) The readopted plan shall remain in effect for the ensuing eight years unless earlier
readopted.
(c) Upon the expiration of a regional plan under this section, the regional plan shall
be of no further effect in any other proceeding.
(d) All regional plans that expire after July 1, 1991 shall be readopted to be consistent
with planning goals and shall follow the review process referred to in 1988 Acts and
Resolves No. 200. (Added 1981, No. 132 (Adj. Sess.), § 8; amended 1987, No. 200 (Adj. Sess.), § 25, eff. July 1, 1989; 1989, No. 101, §§ 2, 3; 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2011, No. 52, § 30, eff. July 1, 2012.)
§ 4349. Regional plan; adoption by municipality
(a) If a regional planning commission prepares and adopts a regional plan, the regional
plan or a portion thereof may then be adopted by the legislative body of any member
municipality as its plan in accordance with subchapter 5 of this chapter.
(b) The legislative body of any municipality may designate the regional planning commission
of a region of which such municipality is a member as the planning commission of such
municipality, and, if so designated, the regional planning commission shall thereafter
act as the planning commission of such municipality until a planning commission is
created under section 4321 of this title or until such regional planning commission notifies such legislative body, in writing,
that it no longer will so act. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.)
§ 4350. Review and consultation regarding municipal planning effort
(a) A regional planning commission shall consult with its municipalities with respect
to the municipalities’ planning efforts, ascertaining the municipalities’ needs as
individual municipalities and as neighbors in a region, and identifying the assistance
that ought to be provided by the regional planning commission. As a part of this consultation,
the regional planning commission, after public notice, shall review the planning process
of its member municipalities at least twice during an eight-year period, or more frequently
on request of the municipality, and shall so confirm when a municipality:
(1) is engaged in a continuing planning process that, within a reasonable time, will result
in a plan that is consistent with the goals contained in section 4302 of this title;
(2) is engaged in a process to implement its municipal plan, consistent with the program
for implementation required under section 4382 of this title; and
(3) is maintaining its efforts to provide local funds for municipal and regional planning
purposes.
(b)(1) As part of the consultation process, the commission shall consider whether a municipality
has adopted a plan. In order to obtain or retain confirmation of the planning process,
a municipality must have an approved plan. A regional planning commission shall review
and approve plans of its member municipalities, when approval is requested and warranted.
Each review shall include a public hearing which is noticed at least 15 days in advance
by posting in the office of the municipal clerk and at least one public place within
the municipality and by publication in a newspaper or newspapers of general publication
in the region affected. The commission shall approve a plan if it finds that the plan:
(A) is consistent with the goals established in section 4302 of this title;
(B) is compatible with its regional plan;
(C) is compatible with approved plans of other municipalities in the region; and
(D) contains all the elements included in subdivisions 4382(a)(1)-(12) of this title.
(2) A commission shall give approval or disapproval to a municipal plan or amendment within
two months of its receipt following a final hearing held pursuant to section 4385 of this title. The fact that the plan is approved after the deadline shall not invalidate the plan.
If the commission disapproves the plan or amendment, it shall state its reasons in
writing and, if appropriate, suggest acceptable modifications. Submissions for approval
that follow a disapproval shall receive approval or disapproval within 45 days.
(3) The commission shall file any adopted plan or amendment with the Department of Housing
and Community Development within two weeks of receipt from the municipality. Failure
on the part of the commission to file the plan shall not invalidate the plan.
(c) In order to retain confirmation of the planning process, a municipality shall document
that it has reviewed and is actively engaged in a process to implement its adopted
plan.
(1) When assessing whether a municipality has been actively engaged in a process to implement
its adopted plan, the regional planning commission shall consider the activities of
local boards and commissions with regard to the preparation or adoption of bylaws
and amendments; capital budgets and programs; supplemental plans; or other actions,
programs, or measures undertaken or scheduled to implement the adopted plan. The regional
planning commission shall also consider factors that may have hindered or delayed
municipal implementation efforts.
(2) The consultation may include guidance by the regional planning commission with regard
to resources and technical support available to the municipality to implement its
adopted plan and recommendations by the regional planning commission for plan amendments
and for updating the plan prior to readoption under section 4387 of this title.
(d) During the period of time when a municipal planning process is confirmed:
(1) The municipality’s plan will not be subject to review by the Commissioner of Housing
and Community Development under section 4351 of this title.
(2) State agency plans adopted under 3 V.S.A. chapter 67 shall be compatible with the municipality’s approved plan.
(3) The municipality may levy impact fees on new development within its borders, according
to the provisions of chapter 131 of this title.
(4) The municipality shall be eligible to receive additional funds from the municipal
and regional planning fund.
(e) Confirmation and approval decisions under this section shall be made by majority vote
of the commissioners representing municipalities, in accordance with the bylaws of
the regional planning commission. (Added 1987, No. 200 (Adj. Sess.), § 15, eff. July 1, 1989; amended 1989, No. 101, § 4; 1989, No. 280 (Adj. Sess.), § 5; 2003, No. 115 (Adj. Sess.), § 87; 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2015, No. 90 (Adj. Sess.), § 1.)
§ 4351. Review by Commissioner of Housing and Community Development
(a) The Commissioner of Housing and Community Development shall establish guidelines for
the provision of affordable housing by municipalities with plans that have not been
approved under this chapter. These guidelines shall be consistent with goals established
in section 4302 of this title.
(b) On a periodic basis, commencing in 1996, the Commissioner of Housing and Community
Development, or a designee, shall review the planning process of municipalities that
do not have approved plans, for compliance with the affordable housing criteria established
under this section and shall issue a report to the municipality and to the regional
planning commission. Each review shall include a public hearing which is noticed
at least 15 days in advance by posting in the office of the municipal clerk and at
least one public place within the municipality and by publication in a newspaper or
newspapers of general publication in the region affected. (Added 1987, No. 200 (Adj. Sess.), § 15a, eff. July 1, 1989; amended 1989, No. 101, § 5; 1989, No. 280 (Adj. Sess.), § 6; 2003, No. 115 (Adj. Sess.), § 88; 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010.)
§ 4352. Optional determination of energy compliance; enhanced energy planning
(a) Regional plan. A regional planning commission may submit its adopted regional plan to the Commissioner
of Public Service appointed under 30 V.S.A. § 1 for a determination of energy compliance. The Commissioner shall issue an affirmative
determination on finding that the regional plan meets the requirements of subsection
(c) of this section and allows for the siting in the region of all types of renewable
generation technologies.
(b) Municipal plan. If the Commissioner of Public Service has issued an affirmative determination of energy
compliance for a regional plan that is in effect, a municipal legislative body within
the region may submit its adopted municipal plan to the regional planning commission
for issuance of a determination of energy compliance. The regional planning commission
shall issue an affirmative determination, signed by the chair of the regional planning
commission, on finding that the municipal plan meets the requirements of subsection
(c) of this section and is consistent with the regional plan.
(c) Enhanced energy planning; requirements. To obtain an affirmative determination of energy compliance under this section, a
plan must:
(1) in the case of a regional plan, include the energy element as described in subdivision 4348a(a)(3) of this title;
(2) in the case of a municipal plan, include an energy element that has the same components
as described in subdivision 4348a(a)(3) of this title for a regional plan and be confirmed under section 4350 of this title;
(3) be consistent with the following, with consistency determined in the manner described
under subdivision 4302(f)(1) of this title:
(A) Vermont’s greenhouse gas reduction goals under 10 V.S.A. § 578(a);
(B) Vermont’s 25 by 25 goal for renewable energy under 10 V.S.A. § 580;
(C) Vermont’s building efficiency goals under 10 V.S.A. § 581;
(D) State energy policy under 30 V.S.A. § 202a and the recommendations for regional and municipal energy planning pertaining to
the efficient use of energy and the siting and development of renewable energy resources
contained in the State energy plans adopted pursuant to 30 V.S.A. §§ 202 and 202b; and
(E) the distributed renewable generation and energy transformation categories of resources
to meet the requirements of the Renewable Energy Standard under 30 V.S.A. §§ 8004 and 8005; and
(4) meet the standards for issuing a determination of energy compliance included in the
State energy plans.
(d) State energy plans; recommendations; standards.
(1) The State energy plans shall include the recommendations for regional and municipal
energy planning and the standards for issuing a determination of energy compliance
described in subdivision (c)(3) of this section.
(2) The recommendations shall provide strategies and options for regional planning commissions
and municipalities to employ in meeting the goals and policies contained in statutes
listed in subdivision (c)(3) of this section.
(3) The standards shall consist of a list of criteria for issuing a determination of energy
compliance that ensure consistency with the goals and policies contained in the statutes
listed in subdivision (c)(3) of this section and the recommendations developed pursuant
to this subsection.
(4) In developing standards and recommendations under this subsection, the Commissioner
of Public Service shall consult with all persons identified under 30 V.S.A. § 202(d)(1); the Secretaries of Agriculture, Food and Markets, of Commerce and Community Development,
of Natural Resources, and of Transportation; and other affected persons.
(5) The Commissioner of Public Service shall provide the Commissioner of Housing and Community
Development with a copy of the recommendations and standards developed under this
subsection for inclusion in the planning and land use manual prepared pursuant to
section 4304 of this title.
(e) Process for issuing determinations of energy compliance. Review of whether to issue a determination of energy compliance under this section
shall include a public hearing noticed at least 15 days in advance by direct mail
or electronically with proof of receipt to the requesting regional planning commission
or municipal legislative body, posting on the website of the entity from which the
determination is requested, and publication in a newspaper of general publication
in the region or municipality affected. The Commissioner or regional planning commission
shall issue the determination in writing within two months after the receipt of a
request for a determination. If the determination is negative, the Commissioner or
regional planning commission shall state the reasons for denial in writing and, if
appropriate, suggest acceptable modifications. Submissions for a new determination
that follow a negative determination shall receive a new determination within 45 days.
(f) Appeal. A regional planning commission aggrieved by an act or decision of the Commissioner
of Public Service under this section may appeal to the Land Use Review Board established
under 10 V.S.A. chapter 151 within 30 days of the act or decision. The provisions of 10 V.S.A. § 6024 regarding assistance to the Board from other departments and agencies of the State
shall apply to this subsection. The Board shall conduct a de novo hearing on the act
or decision under appeal and shall proceed in accordance with the contested case requirements
of the Vermont Administrative Procedure Act. The Board shall issue a final decision
within 90 days of the filing of the appeal.
(g) Municipality; determination from DPS; time-limited option. Until July 1, 2018, a municipality whose plan has been confirmed under section 4350 of this title may seek issuance of a determination of energy compliance from the Commissioner of
Public Service if it is a member of a regional planning commission whose regional
plan has not received such a determination.
(1) The Commissioner shall issue an affirmative determination of energy compliance for
the municipal plan on finding that the plan meets the requirements of subsection (c)
of this section. The Commissioner’s review of the municipal plan shall be for the
purpose only of determining whether a determination of energy compliance should be
issued because those requirements are met.
(2) A municipality aggrieved by an act or decision of the Commissioner under this subsection
may appeal in accordance with the procedures of subsection (f) of this section.
(h) Determination; time period. An affirmative determination of energy compliance issued pursuant to this section
shall remain in effect until the end of the period for expiration or readoption of
the plan to which it applies.
(i) Commissioner; consultation. In the discharge of the duties assigned under this section, the Commissioner shall
consult with and solicit the recommendations of the Secretaries of Agriculture, Food
and Markets, of Commerce and Community Development, of Natural Resources, and of Transportation. (Added 2015, No. 174 (Adj. Sess.), § 6, eff. June 13, 2016; amended 2017, No. 197 (Adj. Sess.), § 13.)
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Subchapter 005: MUNICIPAL DEVELOPMENT PLAN
§ 4381. Authorization
Any municipality may undertake a comprehensive planning program, including related
preliminary planning and engineering studies, and prepare, maintain, and implement
a plan within its jurisdiction in accordance with this chapter. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1987, No. 200 (Adj. Sess.), § 9, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 4b.)
§ 4382. The plan for a municipality
(a) A plan for a municipality shall be consistent with the goals established in section 4302 of this title and compatible with approved plans of other municipalities in the region and with
the regional plan and shall include the following:
(1) A statement of objectives, policies, and programs of the municipality to guide the
future growth and development of land, public services, and facilities, and to protect
the environment.
(2) A land use plan, which shall consist of a map and statement of present and prospective
land uses, that:
(A) Indicates those areas proposed for forests, recreation, agriculture (using the agricultural
lands identification process established in 6 V.S.A. § 8), residence, commerce, industry, public and semi-public uses, and open spaces, areas
reserved for flood plain, and areas identified by the State, the regional planning
commission, or the municipality that require special consideration for aquifer protection;
for wetland protection; for the maintenance of forest blocks, wildlife habitat, and
habitat connectors; or for other conservation purposes.
(B) Sets forth the present and prospective location, amount, intensity, and character
of such land uses and the appropriate timing or sequence of land development activities
in relation to the provision of necessary community facilities and service.
(C) Identifies those areas, if any, proposed for designation under chapter 76A of this
title and for status under 10 V.S.A. §§ 6033 and 6034, together with, for each area proposed for designation, an explanation of how the
designation would further the plan’s goals and the goals of section 4302 of this title, and how the area meets the requirements for the type of designation to be sought.
(D) Indicates those areas that are important as forest blocks and habitat connectors and
plans for land development in those areas to minimize forest fragmentation and promote
the health, viability, and ecological function of forests. A plan may include specific
policies to encourage the active management of those areas for wildlife habitat, water
quality, timber production, recreation, or other values or functions identified by
the municipality.
(3) A transportation plan, consisting of a map and statement of present and prospective
transportation and circulation facilities showing existing and proposed highways and
streets by type and character of improvement, and where pertinent, parking facilities,
transit routes, terminals, bicycle paths and trails, scenic roads, airports, railroads,
and port facilities, and other similar facilities or uses, with indications of priority
of need.
(4) A utility and facility plan, consisting of a map and statement of present and prospective
community facilities and public utilities showing existing and proposed educational,
recreational and other public sites, buildings and facilities, including hospitals,
libraries, power generating plants and transmission lines, water supply, sewage disposal,
refuse disposal, storm drainage, and other similar facilities and activities, and
recommendations to meet future needs for community facilities and services, with indications
of priority of need, costs, and method of financing.
(5) A statement of policies on the preservation of rare and irreplaceable natural areas,
scenic and historic features, and resources.
(6) An educational facilities plan consisting of a map and statement of present and projected
uses and the local public school system.
(7) A recommended program for the implementation of the objectives of the development
plan.
(8) A statement indicating how the plan relates to development trends and plans for adjacent
municipalities, areas, and the region developed under this title.
(9) An energy plan, including an analysis of energy resources, needs, scarcities, costs
and problems within the municipality, a statement of policy on the conservation of
energy, including programs, such as thermal integrity standards for buildings, to
implement that policy, a statement of policy on the development of renewable energy
resources, a statement of policy on patterns and densities of land use likely to result
in conservation of energy.
(10) A housing element that shall include a recommended program for public and private
actions to address housing needs and targets as identified by the regional planning
commission pursuant to subdivision 4348a(a)(9) of this title. The program shall use data on year-round and seasonal dwellings and include specific
actions to address the housing needs of persons with low income and persons with moderate
income and account for permitted residential development as described in section 4412 of this title.
(11) An economic development element that describes present economic conditions and the
location, type, and scale of desired economic development, and identifies policies,
projects, and programs necessary to foster economic growth.
[Subdivision (a)(12) effective until January 1, 2028; see also subdivision (a)(12)
effective January 1, 2028 set out below.]
(12)(A) A flood resilience plan that:
(i) identifies flood hazard and fluvial erosion hazard areas, based on river corridor
maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected,
including floodplains, river corridors, land adjacent to streams, wetlands, and upland
forests, to reduce the risk of flood damage to infrastructure and improved property;
and
(ii) recommends policies and strategies to protect the areas identified and designated
under subdivision (12)(A)(i) of this subsection and to mitigate risks to public safety,
critical infrastructure, historic structures, and municipal investments.
(B) A flood resilience plan may reference an existing local hazard mitigation plan approved
under 44 C.F.R. § 201.6.
[Subdivision (a)(12) effective January 1, 2028; see also subdivision (a)(12) effective
until January 1, 2028 set out above.]
(12)(A) A flood resilience plan that:
(i) identifies flood hazard and fluvial erosion hazard areas, based on river corridor
maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected,
including floodplains, river corridors, land adjacent to streams, wetlands, and upland
forests, to reduce the risk of flood damage to infrastructure and improved property;
and
(ii) recommends policies and strategies to protect the areas identified and designated
under subdivision (12)(A)(i) of this subsection and to mitigate risks to public safety,
critical infrastructure, historic structures, and municipal investments. These strategies
shall include adoption and implementation of the State Flood Hazard Area Standards.
(B) A flood resilience plan may reference an existing local hazard mitigation plan approved
under 44 C.F.R. § 201.6.
(b) The maps called for by this section may be incorporated on one or more maps, and may
be referred to in each separate statement called for by this section.
(c) Where appropriate, and to further the purposes of subsection 4302(b) of this title, a municipal plan shall be based upon inventories, studies, and analyses of current
trends and shall consider the probable social and economic consequences of the proposed
plan. Such studies may consider or contain, but not be limited to:
(1) population characteristics and distribution, including income and employment;
(2) the existing and projected housing needs by amount, type, and location for all economic
groups within the municipality and the region;
(3) existing and estimated patterns and rates of growth in the various land use classifications,
and desired patterns and rates of growth in terms of the community’s ability to finance
and provide public facilities and services.
(d) Where appropriate, a municipal plan may provide for the use of “transit passes” or
other evidence of reduced demand for parking spaces in lieu of parking spaces. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 7, eff. April 11, 1972; 1975, No. 236 (Adj. Sess.), § 2; 1979, No. 174 (Adj. Sess.), § 8; 1985, No. 188 (Adj. Sess.), § 10; 1987, No. 200 (Adj. Sess.), §§ 8, 10, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 7; 1991, No. 130 (Adj. Sess.), § 2; 1995, No. 122 (Adj. Sess.), § 2, eff. Apr. 25, 1996; 2003, No. 115 (Adj. Sess.), § 89; 2011, No. 52, § 33, eff. July 1, 2012; 2013, No. 16, § 4, eff. July 1, 2014; 2013, No. 146 (Adj. Sess.), § 6, eff. May 27, 2014; 2015, No. 171 (Adj. Sess.), § 17, eff. Jan. 1, 2018; 2023, No. 47, § 12, eff. July 1, 2023; 2023, No. 121 (Adj. Sess.), § 8, eff. January 1, 2028; 2023, No. 181 (Adj. Sess.), § 30, § 51, eff. June 17, 2024.)
§ 4383. Repealed. 1987, No. 200 (Adj. Sess.), § 10, eff. July 1, 1989.
§ 4384. Preparation of plan; hearings by planning commission
(a) A municipality may have a plan. Any plan for a municipality shall be prepared by
the planning commission of that municipality. At the outset of the planning process
and throughout the process, planning commissions shall solicit the participation of
local citizens and organizations by holding informal working sessions that suit the
needs of local people. An amendment or repeal of a plan may be prepared by or at
the direction of the planning commission or by any other person or body.
(b) If any person or body other than a municipal planning commission prepares an amendment
to a plan, that person or body shall submit the amendment in writing and all supporting
documents to the municipal planning commission. The planning commission may then
proceed as if the amendment had been prepared by the commission. However, if the
proposed amendment is supported by a petition signed by not less than five percent
of the voters of the municipality, the planning commission shall correct any technical
deficiency and shall, without otherwise changing the amendment, promptly proceed in
accordance with subsections (c) through (f) of this section as if it had been prepared
by the commission.
(c) When considering an amendment to a plan, the planning commission shall prepare a written
report on the proposal. The report shall address the extent to which the plan, as
amended, is consistent with the goals established in section 4302 of this title. If the proposal would alter the designation of any land area, the report should
cover the following points:
(1) The probable impact on the surrounding area, including the effect of any resulting
increase in traffic, and the probable impact on the overall pattern of land use.
(2) The long-term cost or benefit to the municipality, based upon consideration of the
probable impact on:
(A) the municipal tax base; and
(B) the need for public facilities.
(3) The amount of vacant land which is:
(A) already subject to the proposed new designation; and
(B) actually available for that purpose, and the need for additional land for that purpose.
(4) The suitability of the area in question for the proposed purpose, after consideration
of:
(A) appropriate alternative locations;
(B) alternative uses for the area under consideration; and
(C) the probable impact of the proposed change on other areas similarly designated.
(5) The appropriateness of the size and boundaries of the area proposed for change, with
respect to the area required for the proposed use, land capability, and existing development
in the area.
(d) The planning commission shall hold at least one public hearing within the municipality
after public notice on any proposed plan or amendment.
(e) At least 30 days prior to the first hearing, a copy of the proposed plan or amendment
and the written report shall be delivered physically or electronically with proof
of receipt, or mailed by certified mail, return receipt requested, to each of the
following:
(1) the chair of the planning commission of each abutting municipality, or in the absence
of any planning commission in an abutting municipality, to the clerk of that municipality;
(2) the executive director of the regional planning commission of the area in which the
municipality is located;
(3) the Department of Housing and Community Development within the Agency of Commerce
and Community Development; and
(4) business, conservation, low-income advocacy, and other community or interest groups
or organizations that have requested notice in writing prior to the date the hearing
is warned.
Any of the foregoing bodies, or their representatives, may thereafter submit comments
on the proposed plan or amendment to the planning commission, and may appear and be
heard in any further proceeding with respect to the adoption of the proposed plan
or amendment. The planning commission shall demonstrate that it has solicited comment
from planning commissions of abutting municipalities and from the regional planning
commission with respect to the compatibility of their respective plans with its own
plan.
(f) The planning commission may make revisions to the proposed plan or amendment and to
any written report, and shall thereafter submit the proposed plan or amendment and
any written report to the legislative body of the municipality. However, if requested
by the legislative body, or if a proposed amendment was supported by a petition signed
by not less than five percent of the voters of the municipality, the planning commission
shall promptly submit the amendment, with changes only to correct technical deficiencies,
to the legislative body of the municipality, together with any recommendation or opinion
it considers appropriate. Simultaneously with the submission, the planning commission
shall file with the clerk of the municipality a copy of the proposed plan or amendment,
and any written report, for public review. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 8, eff. April 11, 1972; 1981, No. 132 (Adj. Sess.), § 9; 1987, No. 200 (Adj. Sess.), § 11, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 8; 1995, No. 190 (Adj. Sess.), § 1(a); 2017, No. 197 (Adj. Sess.), § 14.)
§ 4385. Adoption and amendment of plans; hearing by legislative body
(a) Not less than 30 nor more than 120 days after a proposed plan or amendment is submitted
to the legislative body of a municipality under section 4384 of this title, the legislative body of a municipality with a population of 2,500 persons or less
shall hold the first of one or more public hearings, after public notice, on the proposed
plan or amendment, and shall make copies of the proposal and any written report by
the planning commission available to the public on request. A municipality with a
population of more than 2,500 persons shall hold two or more such hearings. Failure
to hold a hearing within the 120 days shall not invalidate the adoption of the plan
or amendment.
(b)(1) The legislative body may change the proposed plan or amendment, but shall not do so
less than 15 days prior to the final public hearing. If the legislative body at any
time makes substantial changes in the concept, meaning, or extent of the proposed
plan or amendment, it shall warn a new public hearing or hearings under subsection
(a) of this section.
(2) If any part of the proposal is changed, the legislative body, at least 15 days prior
to the hearing, shall file a copy of the changed proposal with the clerk of the municipality,
with any individual or organization requesting a copy in writing, and with the planning
commission. The planning commission shall submit to the legislative body at or prior
to the public hearing a report that analyzes the extent to which the changed proposal,
when taken together with the rest of the plan, is consistent with the legislative
goals established in section 4302 of this title.
(c) A plan of a municipality or an amendment thereof shall be adopted by a majority of
the members of its legislative body at a meeting which is held after the final public
hearing. If, however, at a regular or special meeting of the voters duly warned and
held as provided in 17 V.S.A. chapter 55, a municipality elects to adopt or amend municipal plans by Australian ballot, that
procedure shall then apply unless rescinded by the voters at a regular or special
meeting similarly warned and held. If the proposed plan or amendment is not adopted
so as to take effect within one year after the date of the final hearing of the planning
commission, it shall be considered rejected by the municipality. Plans and amendments
shall be effective upon adoption. Copies of newly adopted plans and amendments shall
be provided to the regional planning commission and to the Commissioner of Housing
and Community Development within 30 days after adoption, which may be done electronically,
provided the sender has proof of receipt. If a municipality wishes its plan or plan
amendment to be eligible for approval under the provisions of section 4350 of this title, it shall request approval. The request for approval may be before or after adoption
of the plan by the municipality, at the option of the municipality.
(d) Plans may be reviewed from time to time and may be amended in the light of new developments
and changed conditions affecting the municipality. An amendment to a plan does not
affect or extend the plan’s expiration date. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1981, No. 132 (Adj. Sess.), § 10; 1987, No. 200 (Adj. Sess.), §§ 12, 13, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 9; 2015, No. 90 (Adj. Sess.), § 2; 2017, No. 197 (Adj. Sess.), § 15; 2023, No. 6, § 259, eff. July 1, 2023.)
§ 4386. Repealed. 1971, No. 257 (Adj. Sess.), § 24, eff. April 11, 1972.
§ 4387. Readoption of plans
(a) All plans, including all prior amendments, shall expire every eight years unless they
are readopted according to the procedures in section 4385 of this title.
(b)(1) A municipality may readopt any plan that has expired or is about to expire. Prior
to any readoption, the planning commission shall review and update the information
on which the plan is based, and shall consider this information in evaluating the
continuing applicability of the plan. In its review, the planning commission shall:
(A) consider the recommendations of the regional planning commission provided pursuant
to subdivision 4350(c)(2) of this title;
(B) engage in community outreach and involvement in updating the plan;
(C) consider consistency with the goals established in section 4302 of this title;
(D) address the required plan elements under section 4382 of this title;
(E) evaluate the plan for internal consistency among plan elements, goals, objectives,
and community standards;
(F) address compatibility with the regional plan and the approved plans of adjoining municipalities;
and
(G) establish a program and schedule for implementing the plan.
(2) The readopted plan shall remain in effect for the ensuing eight years unless earlier
readopted.
(c) Upon the expiration of a plan, all bylaws and capital budgets and programs then in
effect shall remain in effect, but shall not be amended until a plan is in effect.
(d) The fact that a plan has not been approved shall not make it inapplicable, except
as specifically provided by this chapter. Bylaws, capital budgets, and programs shall
remain in effect, even if the plan has not been approved. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1975, No. 164 (Adj. Sess.), § 4; 1981, No. 132 (Adj. Sess.), § 11; 1987, No. 200 (Adj. Sess.), § 14, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 10; 2015, No. 90 (Adj. Sess.), § 3.)
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Subchapter 007: BYLAWS
§ 4410. Regulatory implementation of the municipal plan
A municipality that has adopted a plan through its bylaws may define and regulate
land development in any manner that the municipality establishes in its bylaws, provided
those bylaws are in conformance with the plan and are adopted for the purposes set
forth in section 4302 of this title. In its bylaws, a municipality may utilize any or all of the tools provided in this
subchapter and any other regulatory tools or methods not specifically listed. However,
no bylaws shall directly conflict with sections 4412 and 4413 of this title and subchapters 9, 10, and 11 of this title. (Added 2003, No. 115 (Adj. Sess.), § 95.)
§ 4411. Zoning bylaws
(a) A municipality may regulate land development in conformance with its adopted municipal
plan and for the purposes set forth in section 4302 of this title to govern the use of land and the placement, spacing, and size of structures and
other factors specified in the bylaws related to public health, safety, or welfare.
Zoning bylaws may permit, prohibit, restrict, regulate, and determine land development,
including the following:
(1) specific uses of land and shoreland facilities;
(2) dimensions, location, erection, construction, repair, maintenance, alteration, razing,
removal, and use of structures;
(3) areas and dimensions of land to be occupied by uses and structures, as well as areas,
courts, yards, and other open spaces and distances to be left unoccupied by uses and
structures;
(4) timing or sequence of growth, density of population, and intensity of use;
(5) uses within a river corridor and buffer, as those terms are defined in 10 V.S.A. §§ 1422 and 1427.
(b) All zoning bylaws shall apply to all lands within the municipality other than as specifically
limited or exempted in accordance with specific standards included within those bylaws
and in accordance with the provisions of this chapter. The provisions of those bylaws
may be classified so that different provisions may be applied to different classes
of situations, uses, and structures and to different and separate districts of the
municipality as may be described by a zoning map made part of the bylaws. The land
use map required pursuant to subdivision 4382(a)(2) of this title of any municipality may be designated as the zoning map except in cases in which
districts are not deemed by the planning commission to be described in sufficient
accuracy or detail by the municipal plan land use map. All provisions shall be uniform
for each class of use or structure within each district, except that additional classifications
may be made within any district for any or all of the following:
(1) To make transitional provisions at and near the boundaries of districts.
(2) To regulate the expansion, reduction, or elimination of certain nonconforming uses,
structures, lots, or parcels.
(3) To regulate, restrict, or prohibit uses or structures at or near any of the following:
(A) Major thoroughfares, their intersections and interchanges, and transportation arteries.
(B) Natural or artificial bodies of water.
(C) Places of relatively steep slope or grade.
(D) Public buildings and public grounds.
(E) Aircraft and helicopter facilities.
(F) Places having unique patriotic, ecological, historical, archaeological, or community
interest or value, or located within scenic or design control districts.
(G) Flood or other hazard areas and other places having a special character or use affecting
or affected by their surroundings.
(H) River corridors, river corridor protection areas, and buffers, as the term “buffer”
is defined in 10 V.S.A. § 1422.
(4) To regulate, restrict, or prohibit uses or structures in overlay districts, as set
forth in subdivision 4414(2) of this title. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2009, No. 110 (Adj. Sess.), § 6; 2011, No. 138 (Adj. Sess.), § 12, eff. May 14, 2012.)
§ 4412. Required provisions and prohibited effects
Notwithstanding any existing bylaw, the following land development provisions shall
apply in every municipality:
(1) Equal treatment of housing and required provisions for affordable housing.
(A) No bylaw nor its application by an appropriate municipal panel under this chapter
shall have the effect of excluding housing that meets the needs of the population
as determined in the housing element of its municipal plan as required under subdivision 4382(a)(10) of this title or the effect of discriminating in the permitting of housing as specified in 9 V.S.A. § 4503.
(B) Except as provided in subdivisions 4414(1)(E) and (F) of this title, no bylaw shall
have the effect of excluding mobile homes, modular housing, or prefabricated housing
from the municipality, except upon the same terms and conditions as conventional housing
is excluded. A municipality may establish specific site standards in the bylaws to
regulate individual sites within preexisting mobile home parks with regard to distances
between structures and other standards as necessary to ensure public health, safety,
and welfare, provided the standards do not have the effect of prohibiting the replacement
of mobile homes on existing lots.
(C) No bylaw shall have the effect of excluding mobile home parks, as defined in 10 V.S.A. chapter 153, from the municipality.
(D) Bylaws shall designate appropriate districts and reasonable regulations for multiunit
or multifamily dwellings. No bylaw shall have the effect of excluding these multiunit
or multifamily dwellings from the municipality. In any district that allows year-round
residential development, duplexes shall be an allowed use with dimensional standards
that are not more restrictive than is required for a single-unit dwelling, including
no additional land or lot area than would be required for a single-unit dwelling.
In any district that is served by municipal sewer and water infrastructure that allows
residential development, multiunit dwellings with four or fewer units shall be a permitted
use on the same size lot as single-unit dwelling, unless that district specifically
requires multiunit structures to have more than four dwelling units.
(E) Except for flood hazard and fluvial erosion area bylaws adopted pursuant to section 4424 of this title, no bylaw shall have the effect of excluding as a permitted use one accessory dwelling
unit that is located within or appurtenant to a single-family dwelling on an owner-occupied
lot. A bylaw shall require a single-family dwelling with an accessory dwelling unit
to be subject to the same review, dimensional, or other controls as required for a
single-family dwelling without an accessory dwelling unit. The criteria for conversion
of an existing detached nonresidential building to habitable space for an accessory
dwelling unit shall not be more restrictive than the criteria used for a single-family
dwelling without an accessory dwelling unit.
(F) Nothing in subdivision (1)(E) of this section shall be construed to prohibit:
(i) a bylaw that is less restrictive of accessory dwelling units; or
(ii) a bylaw that regulates short-term rental units distinctly from residential rental
units.
(G) A residential care home or group home to be operated under State licensing or registration,
serving not more than eight persons who have a disability as defined in 9 V.S.A. § 4501, or a recovery residence serving not more than eight persons, shall be considered
by right to constitute a permitted single-family residential use of property. This
subdivision (G) does not require a municipality to allow a greater number of residential
care homes or group homes on a lot than the number of single-family dwellings allowed
on the lot. As used in this subdivision, “recovery residence” means a shared living
residence supporting persons recovering from a substance use disorder that:
(i) Provides tenants with peer support and assistance accessing support services and community
resources available to persons recovering from substance use disorders.
(ii) Is certified by an organization approved by the Department of Health and that is either
a Vermont affiliate of the National Alliance for Recovery Residences or another approved
organization or is pending such certification. If certification is pending beyond
45 days, the municipality shall retain its right to consider the residence pursuant
to zoning bylaws adopted in compliance with 24 V.S.A. § 4411.
(H) No bylaw shall have the effect of prohibiting or penalizing a hotel from renting rooms
to provide housing assistance through the State of Vermont’s General Assistance program,
or to any person whose room is rented with public funds. In this subsection, the term
“hotel” has the same meaning as in 32 V.S.A. 9202(3).
(2) Existing small lots. Any lot that is legally subdivided, is in individual and separate and nonaffiliated
ownership from surrounding properties, and is in existence on the date of enactment
of any bylaw, including an interim bylaw, may be developed for the purposes permitted
in the district in which it is located, even though the small lot no longer conforms
to minimum lot size requirements of the new bylaw or interim bylaw.
(A) A municipality may prohibit development of a lot not served by and able to connect
to municipal sewer and water service if either of the following applies:
(i) the lot is less than one-eighth acre in area; or
(ii) the lot has a width or depth dimension of less than 40 feet.
(B) The bylaw may provide that if an existing small lot subsequently comes under common
ownership with one or more contiguous lots, the nonconforming lot shall be deemed
merged with the contiguous lot. However, a nonconforming lot shall not be deemed merged
and may be separately conveyed if all the following apply:
(i) The lots are conveyed in their preexisting, nonconforming configuration.
(ii) On the effective date of any bylaw, each lot was developed with a water supply and
wastewater disposal system.
(iii) At the time of transfer, each water supply and wastewater system is functioning in
an acceptable manner.
(iv) The deeds of conveyance create appropriate easements on both lots for replacement
of one or more wastewater systems, potable water systems, or both, in case there is
a failed system or failed supply as defined in 10 V.S.A. chapter 64.
(C) Nothing in this subdivision (2) shall be construed to prohibit a bylaw that is less
restrictive of development of existing small lots.
(3) Required frontage on, or access to, public roads, class 4 town highways, or public waters. Land development may be permitted on lots that do not have frontage either on a public
road, class 4 town highway, or public waters, provided that access through a permanent
easement or right-of-way has been approved in accordance with standards and process
specified in the bylaws. This approval shall be pursuant to subdivision bylaws adopted
in accordance with section 4418 of this title, or where subdivision bylaws have not been adopted or do not apply, through a process
and pursuant to standards defined in bylaws adopted for the purpose of assuring safe
and adequate access. Any permanent easement or right-of-way providing access to such
a road or waters shall be at least 20 feet in width.
(4) Protection of home occupations. No bylaw may infringe upon the right of any resident to use a minor portion of a dwelling
unit for an occupation that is customary in residential areas and that does not have
an undue adverse effect upon the character of the residential area in which the dwelling
is located.
(5) Child care. A “family child care home or facility” as used in this subdivision means a home or
facility where the owner or operator is to be licensed or registered by the State
for child care. A family child care home serving six or fewer children shall be considered
to constitute a permitted single-family residential use of property. A family child
care home serving no more than six full-time children and four part-time children,
as defined in 33 V.S.A. § 3511(7), shall be considered to constitute a permitted use of property but may require site
plan approval based on local zoning requirements. A family child care facility serving
more than six full-time and four part-time children may, at the discretion of the
municipality, be subject to all applicable municipal bylaws.
(6) Heights of renewable energy resource structures. The height of wind turbines with blades less than 20 feet in diameter, or rooftop
solar collectors less than 10 feet high on sloped roofs, any of which are mounted
on complying structures, shall not be regulated unless the bylaws provide specific
standards for regulation. For the purpose of this subdivision, a sloped roof means
a roof having a slope of more than five degrees. In addition, the regulation of antennae
that are part of a telecommunications facility, as defined in 30 V.S.A. § 248a, may be exempt from review under this chapter according to the provisions of that
section.
(7) Nonconformities. All bylaws shall define how nonconformities will be addressed, including standards
for nonconforming uses, nonconforming structures, and nonconforming lots.
(A) To achieve the purposes of this chapter set forth in section 4302 of this title, municipalities may regulate and prohibit expansion and undue perpetuation of nonconformities.
Specifically, a municipality, in its bylaws, may:
(i) Specify a time period that shall constitute abandonment or discontinuance of that
nonconforming use, provided the time period is not less than six months.
(ii) Specify the extent to which, and circumstances under which, a nonconformity may be
maintained or repaired.
(iii) Specify the extent to which, and circumstances under which, a nonconformity may change
or expand.
(iv) Regulate relocation or enlargement of a structure containing a nonconforming use.
(v) Specify the circumstances in which a nonconformity that is destroyed may be rebuilt.
(vi) Specify other appropriate circumstances in which a nonconformity must comply with
the bylaws.
(B) If a mobile home park, as defined in 10 V.S.A. chapter 153, is a nonconformity pursuant to a municipality’s bylaws, the entire mobile home park
shall be treated as a nonconformity under those bylaws, and individual lots within
the mobile home park shall in no event be considered nonconformities. Unless the bylaws
provide specific standards as described in subdivision (1)(B) of this section, where
a mobile home park is a nonconformity under bylaws, its status regarding conformance
or nonconformance shall apply to the parcel as a whole, and not to any individual
mobile home lot within the park. An individual mobile home lot that is vacated shall
not be considered a discontinuance or abandonment of a nonconformity.
(C) Nothing in this section shall be construed to restrict the authority of a municipality
to abate public nuisances or to abate or remove public health risks or hazards.
(8) Communications antennae and facilities.
(A) Except to the extent bylaws protect historic landmarks and structures listed on the
State or National Register of Historic Places, no permit shall be required for placement
of an antenna used to transmit, receive, or transmit and receive communications signals
on that property owner’s premises if the area of the largest face of the antenna is
not more than 15 square feet, and if the antenna and any mast support do not extend
more than 12 feet above the roof of that portion of the building to which the mast
is attached.
(B) If an antenna structure is less than 20 feet in height and its primary function is
to transmit or receive communication signals for commercial, industrial, institutional,
nonprofit, or public purposes, it shall not be regulated under this chapter if it
is located on a structure located within the boundaries of a downhill ski area and
permitted under this chapter. For the purposes of this subdivision, “downhill ski
area” means an area with trails for downhill skiing served by one or more ski lifts
and any other areas within the boundaries of the ski area and open to the public for
winter sports.
(C) The regulation of a telecommunications facility, as defined in 30 V.S.A. § 248a, shall be exempt from municipal approval under this chapter when and to the extent
jurisdiction is assumed by the Public Utility Commission according to the provisions
of that section. This exemption from obtaining approval under this chapter shall not
affect the substantial deference to be given to a plan or recommendation based on
a local land use bylaw under 30 V.S.A. § 248a(c)(2).
(D) A municipality may regulate communications towers, antennae, and related facilities
in its bylaws provided that such regulations do not have the purpose or effect of
being inconsistent with subdivisions (A) through (C) of this subdivision (8).
(9) De minimis telecommunications impacts. An officer or entity designated by the municipality shall review telecommunications
facilities applications, and upon determining that a particular application will impose
no impact or de minimis impact upon any criteria established in the bylaws, shall
approve the application.
(10) Planting projects; flood hazard and similar areas. A bylaw under this chapter shall not require the filing of an application or the issuance
of a permit by the municipality for a planting project considered to have a permit
by operation of subsection 4424(c) of this title.
(11) Accessory on-farm businesses. No bylaw shall have the effect of prohibiting an accessory on-farm business at the
same location as a farm.
(A) Definitions. As used in this subdivision (11):
(i) “Accessory on-farm business” means activity on a farm, the revenues of which may exceed
the revenues of the farming operation, and comprises one or both of the following:
(I) The storage, preparation, processing, and sale of qualifying products, provided that
the qualifying products are produced on a farm; the sale of products that name, describe,
or promote the farm or accessory on-farm business, including merchandise or apparel
that features the farm or accessory on-farm business; or the sale of bread or baked
goods.
(II) Educational, recreational, or social events that feature agricultural practices or
qualifying products, or both. Such events may include tours of the farm, farm stays,
tastings and meals featuring qualifying products, and classes or exhibits in the preparation,
processing, or harvesting of qualifying products. As used in this subdivision (II),
“farm stay” means a paid, overnight guest accommodation on a farm for the purpose
of participating in educational, recreational, or social activities on the farm that
feature agricultural practices or qualifying products, or both. A farm stay includes
the option for guests to participate in such activities.
(ii) “Farm” means a parcel or parcels owned, leased, or managed by a person, devoted primarily
to farming, and subject to the RAP rules. For leased lands to be part of a farm, the
lessee must exercise control over the lands to the extent they would be considered
as part of the lessee’s own farm. Indicators of such control include whether the lessee
makes day-to-day decisions concerning the cultivation or other farming-related use
of the leased lands and whether the lessee manages the land for farming during the
lease period.
(iii) “Farming” shall have the same meaning as in 10 V.S.A. § 6001.
(iv) “Qualifying product” means a product that is:
(I) an agricultural, horticultural, viticultural, or dairy commodity, or maple syrup;
(II) livestock or cultured fish or a product thereof;
(III) a product of poultry, bees, an orchard, or fiber crops;
(IV) a commodity otherwise grown or raised on a farm; or
(V) a product manufactured on one or more farms from commodities wholly grown or raised
on one or more farms.
(v) “RAP rules” means the rules on required agricultural practices adopted pursuant to
6 V.S.A. chapter 215, subchapter 2.
(B) Eligibility. For an accessory on-farm business to be eligible for the benefit of this subdivision
(11), the business shall comply with each of the following:
(i) The business is operated by the farm owner, one or more persons residing on the farm
parcel, or the lessee of a portion of the farm.
(ii) The farm meets the threshold criteria for the applicability of the RAP rules as set
forth in those rules.
(C) Use of structures or land. An accessory on-farm business may take place inside new or existing structures or
on the land.
(D) Review; permit. Activities of an accessory on-farm business that are not exempt under section 4413 of this title may be subject to site plan review pursuant to section 4416 of this title. A bylaw may require that such activities meet the same performance standards otherwise
adopted in the bylaw for similar commercial uses pursuant to subdivision 4414(5) of this title.
(E) Less restrictive. A municipality may adopt a bylaw concerning accessory on-farm businesses that is less
restrictive than the requirement of this subdivision (11).
(F) Notification; training. The Secretary of Agriculture, Food and Markets shall provide periodic written notification
and training sessions to farms subject to the RAP rules on the existence and requirements
of this subdivision (11) and the potential need for other permits for an accessory
on-farm business, including a potable water and wastewater system permit under 10 V.S.A. chapter 64.
(12) In any area served by municipal sewer and water infrastructure that allows residential
development, bylaws shall establish lot and building dimensional standards that allow
five or more dwelling units per acre for each allowed residential use. Density and
minimum lot size standards for multiunit dwellings shall not be more restrictive than
those required for single-family dwellings.
(13) In any area served by municipal sewer and water infrastructure that allows residential
development, bylaws shall permit any affordable housing development, as defined in
subdivision 4303(2) of this title, including mixed-use development, to exceed density limitations for residential developments
by an additional 40 percent, which shall include exceeding maximum height limitations
by one floor, provided that the structure complies with the Vermont Fire and Building
Safety Code.
(14) No zoning or subdivision bylaw shall have the effect of prohibiting unrelated occupants
from residing in the same dwelling unit. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2005, No. 172 (Adj. Sess.), § 5, eff. May 22, 2006; 2007, No. 79, § 15; 2007, No. 79, § 15, eff. June 9, 2007; 2009, No. 54, § 45, eff. June 1, 2009; 2011, No. 53, § 14e, eff. May 27, 2011; 2011, No. 137 (Adj. Sess.), § 7, eff. May 14, 2012; 2011, No. 155 (Adj. Sess.), § 14; 2011, No. 170 (Adj. Sess.), § 16e, eff. May 18, 2012; 2013, No. 16, § 5, eff. May 6, 2013; 2013, No. 96 (Adj. Sess.), § 162; 2013, No. 131 (Adj. Sess.), § 127, eff. May 20, 2014; 2015, No. 130 (Adj. Sess.), § 5b, eff. May 25, 2016; 2017, No. 4, § 2, eff. March 6, 2017; 2017, No. 130 (Adj. Sess.), § 17; 2017, No. 143 (Adj. Sess.), § 2; 2019, No. 179 (Adj. Sess.), § 1, eff. Oct. 12, 2020; 2021, No. 174 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 22, § 9, eff. May 25, 2023; 2023, No. 47, § 2, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 17, § 52, eff. June 17, 2024.)
§ 4413. Limitations on municipal bylaws
(a)(1) The following uses may be regulated only with respect to location, size, height, building
bulk, yards, courts, setbacks, density of buildings, off-street parking, loading facilities,
traffic, noise, lighting, landscaping, and screening requirements, and only to the
extent that regulations do not have the effect of interfering with the intended functional
use:
(A) State- or community-owned and -operated institutions and facilities;
(B) public and private schools and other educational institutions certified by the Agency
of Education;
(C) churches and other places of worship, convents, and parish houses;
(D) public and private hospitals;
(E) regional solid waste management facilities certified under 10 V.S.A. chapter 159;
(F) hazardous waste management facilities for which a notice of intent to construct has
been received under 10 V.S.A. § 6606a;
(G) emergency shelters; and
(H) hotels and motels converted to permanently affordable housing developments.
[Subdivision (a)(2) effective until January 1, 2028; see also subdivision (a)(2) effective
January 1, 2028 set out below.]
(2) Except for State-owned and -operated institutions and facilities, a municipality may
regulate each of the land uses listed in subdivision (1) of this subsection for compliance
with the National Flood Insurance Program and for compliance with a municipal ordinance
or bylaw regulating development in a flood hazard area or river corridor, consistent
with the requirements of subdivision 2291(25) and section 4424 of this title. These regulations shall not have the effect of interfering with the intended functional
use.
[Subdivision (a)(2) effective January 1, 2028; see also subdivision (a)(2) effective
until January 1, 2028 set out above.]
(2) Except for State-owned and -operated institutions and facilities, a municipality may
regulate each of the land uses listed in subdivision (1) of this subsection for compliance
with the National Flood Insurance Program and for compliance with a municipal ordinance
or bylaw regulating development in a flood hazard area, consistent with the requirements
of subdivision 2291(25) and section 4424 of this title. These regulations shall not have the effect of interfering with the intended functional
use.
(3) For purposes of this subsection, regulating the daily or seasonal hours of operation
of an emergency shelter shall constitute interfering with the intended functional
use.
(b) A bylaw under this chapter shall not regulate electric generation facilities, energy
storage facilities, and transmission facilities regulated under 30 V.S.A. § 248 or subject to regulation under 30 V.S.A. § 8011.
(c) Except as otherwise provided by this section and by 10 V.S.A. § 1976, if any bylaw is enacted with respect to any land development that is subject to
regulation under State statutes, the more stringent or restrictive regulation applicable
shall apply.
(d)(1) A bylaw under this chapter shall not regulate:
(A) required agricultural practices, including the construction of farm structures, as
those practices are defined by the Secretary of Agriculture, Food and Markets;
(B) accepted silvicultural practices, as defined by the Commissioner of Forests, Parks
and Recreation, including practices that are in compliance with the Acceptable Management
Practices for Maintaining Water Quality on Logging Jobs in Vermont, as adopted by
the Commissioner of Forests, Parks and Recreation; or
(C) forestry operations.
(2) As used in this section:
(A) “Farm structure” means a building, enclosure, or fence for housing livestock, raising
horticultural or agronomic plants, or carrying out other practices associated with
accepted agricultural or farming practices, including a silo, as “farming” is defined
in 10 V.S.A. § 6001(22), but excludes a dwelling for human habitation.
(B) “Forestry operations” has the same meaning as in 10 V.S.A. § 2602.
(3) A person shall notify a municipality of the intent to build a farm structure and shall
abide by setbacks approved by the Secretary of Agriculture, Food and Markets. No municipal
permit for a farm structure shall be required.
(4) This subsection does not prevent an appropriate municipal panel, when issuing a decision
on an application for land development over which the panel otherwise has jurisdiction
under this chapter, from imposing reasonable conditions under subsection 4464(b) of this title to protect wildlife habitat; threatened or endangered species; or other natural,
historic, or scenic resources and does not prevent the municipality from enforcing
such conditions, provided that the reasonable conditions do not restrict or regulate
forestry operations unrelated to land development.
(e) A bylaw enacted under this chapter shall be subject to the restrictions created under
section 2295 of this title, with respect to the limits on municipal power to regulate hunting, fishing, trapping,
and other activities specified under that section.
(f) This section shall apply in every municipality, notwithstanding any existing bylaw
to the contrary.
(g) Notwithstanding any provision of law to the contrary, a bylaw adopted under this chapter
shall not:
(1) Regulate the installation, operation, and maintenance, on a flat roof of an otherwise
complying structure, of a solar energy device that heats water or space or generates
electricity. For the purpose of this subdivision, “flat roof” means a roof having
a slope less than or equal to five degrees.
(2) Prohibit or have the effect of prohibiting the installation of solar collectors not
exempted from regulation under subdivision (1) of this subsection, clotheslines, or
other energy devices based on renewable resources.
(h)(1) Except as necessary to ensure compliance with the National Flood Insurance Program,
a bylaw under this chapter shall not regulate any of the following:
(A) an ancillary improvement that does not exceed a footprint of 300 square feet and a
height of 10 feet;
(B) the following improvements associated with the construction or installation of a communications
line:
(i) the attachment of a new or replacement cable or wire to an existing electrical distribution
or communications distribution pole;
(ii) the replacement of an existing electrical distribution or communications distribution
pole with a new pole, so long as the new pole is not more than 10 feet taller than
the pole it replaces.
(2) For purposes of this subsection:
(A) “Ancillary improvement” shall have the same definition as is established in 30 V.S.A. § 248a(b).
(B) “Communications line” means a wireline or fiber-optic cable communications facility
that transmits and receives signals to and from a local, State, national, or international
network used primarily for two-way communications for commercial, industrial, municipal,
county, or State purposes. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2009, No. 45, § 15c, eff. May 27, 2009; 2011, No. 53, § 14, eff. May 27, 2011; 2011, No. 170 (Adj. Sess.), § 16f, eff. May 18, 2012; 2013, No. 92 (Adj. Sess.), § 272, eff. Feb. 14, 2014; 2013, No. 107 (Adj. Sess.), § 2, eff. April 18, 2014; 2015, No. 64, § 52; 2015, No. 171 (Adj. Sess.), § 19; 2021, No. 54, § 4; 2023, No. 47, § 3, eff. September 1, 2023; 2023, No. 121 (Adj. Sess.), § 8a, eff. January 1, 2028; 2023, No. 181 (Adj. Sess.), § 53, eff. June 17, 2024.)
§ 4414. Zoning; permissible types of regulations
Any of the following types of regulations may be adopted by a municipality in its
bylaws in conformance with the plan and for the purposes established in section 4302 of this title.
(1) Zoning districts. A municipality may define different and separate zoning districts, and identify within
these districts which land uses are permitted as of right, and which are conditional
uses requiring review and approval, including the districts set forth in this subdivision
(1).
(A) Downtown, village center, new town center, and growth center districts. The definition or purpose stated for local downtown, village center, new town center,
or growth center zoning districts should conform with the applicable definitions in
section 2791 of this title. Municipalities may adopt downtown, village center, new town center, or growth center
districts without seeking State designation under chapter 76A of this title. A municipality
may adopt a manual of graphic or written design guidelines to assist applicants in
the preparation of development applications. The following objectives should guide
the establishment of boundaries, requirements, and review standards for these districts:
(i) To create a compact settlement oriented toward pedestrian activity and including an
identifiable neighborhood center, with consistently higher densities than those found
in surrounding districts.
(ii) To provide for a variety of housing types, jobs, shopping, services, and public facilities
with residences, shops, workplaces, and public buildings interwoven within the district,
all within close proximity.
(iii) To create a pattern of interconnecting streets and blocks, consistent with historic
settlement patterns, that encourages multiple routes from origins to destinations.
(iv) To provide for a coordinated transportation system with a hierarchy of appropriately
designed facilities for pedestrians, bicycles, public transit, and automotive vehicles.
(v) To provide for natural features and undisturbed areas that are incorporated into the
open space of the neighborhood as well as historically compatible squares, greens,
landscaped streets, and parks woven into the pattern of the neighborhood.
(vi) To provide for public buildings, open spaces, and other visual features that act as
landmarks, symbols, and focal points for community identity.
(vii) To ensure compatibility of buildings and other improvements as determined by their
arrangement, building bulk, form, design, character, and landscaping to establish
a livable, harmonious, and diverse environment.
(viii) To provide for public and private buildings that form a consistent, distinct edge,
are oriented toward streets, and define the border between the public street space
and the private block interior.
(B) Agricultural, rural residential, forest, and recreational districts. Where, for the purposes set forth in section 4302 of this title, it is deemed necessary to safeguard certain areas from urban or suburban development
and to encourage that development in other areas of the municipality or region, the
following districts may be created:
(i) Agricultural or rural residential districts, permitting all types of agricultural
uses and prohibiting all other land development except low density residential development.
(ii) Forest districts, permitting commercial forestry and related uses and prohibiting
all other land development.
(iii) Recreational districts, permitting camps, ski areas, and related recreational facilities,
including lodging for transients and seasonal residents, and prohibiting all other
land development except construction of residences for occupancy by caretakers and
their families.
(C) Airport hazard area. In accordance with 5 V.S.A. chapter 17, any municipality may adopt special bylaws governing the use of land, location, and
size of buildings and density of population within a distance of two miles from the
boundaries of an airport under an approach zone and for a distance of one mile from
the boundaries of the airport elsewhere. The designation of that area and the bylaws
applying within that area shall be in accord with applicable airport zoning guidelines,
if any, adopted by the Vermont Transportation Board.
(D) Shorelands.
(i) A municipality may adopt bylaws to regulate shorelands as defined in 10 V.S.A. § 1422 to prevent and control water pollution; preserve and protect wetlands and other terrestrial
and aquatic wildlife habitat; conserve the scenic beauty of shorelands; minimize shoreline
erosion; reserve public access to public waters; and achieve other municipal, regional,
or State shoreland conservation and development objectives.
(ii) Shoreland bylaws may regulate the design and maintenance of sanitary facilities; regulate
filling of and other adverse alterations to wetlands and other wildlife habitat areas;
control building location; require the provision and maintenance of vegetation; require
provisions for access to public waters for all residents and owners of the development;
and impose other requirements authorized by this chapter.
(E) Design review districts. Bylaws may contain provisions for the establishment of design review districts. Prior
to the establishment of such a district, the planning commission shall prepare a report
describing the particular planning and design problems of the proposed district and
setting forth a design plan for the areas which shall include recommended planning
and design criteria to guide future development. The planning commission shall hold
a public hearing, after public notice, on that report. After this hearing, the planning
commission may recommend to the legislative body a design review district as a bylaw
amendment. A design review district may be created for any area containing structures
of historical, architectural, or cultural merit, and other areas in which there is
a concentration of community interest and participation such as a central business
district, civic center, or a similar grouping or focus of activities. These areas
may include townscape areas that resemble in important aspects the earliest permanent
settlements, including a concentrated urban settlement with striking vistas, views
extending across open fields and up to the forest edge, a central focal point and
town green, and buildings of high architectural quality, including styles of the early
19th century. Within such a designated design review district, no structure may be
erected, reconstructed, substantially altered, restored, moved, demolished, or changed
in use or type of occupancy without approval of the plans by the appropriate municipal
panel. A design review board may be appointed by the legislative body of the municipality,
in accordance with section 4433 of this title, to advise any appropriate municipal panel.
(F) Local historic districts and landmarks.
(i) Bylaws may contain provisions for the establishment of historic districts and the
designation of historic landmarks. Historic districts shall include structures and
areas of historic or architectural significance and may include distinctive design
or landscape characteristics, areas, and structures with a particular relationship
to the historic and cultural values of the surrounding area, and structures whose
exterior architectural features bear a significant relationship to the remainder of
the structures or to the surrounding area. Bylaws may reference National and State
Registers of Historic Places, properties, and districts. A report prepared under section 4441 of this title with respect to the establishment of a local historic district or designation of
an historic landmark shall contain a map that clearly delineates the boundaries of
the local historic district or landmark, justification for the boundary, a description
of the elements of the resources that are integral to its historical, architectural,
and cultural significance, and a statement of the significance of the local historic
district or landmark.
(ii) With respect to external appearances and other than normal maintenance, no structure
within a designated historic district may be rehabilitated, substantially altered,
restored, moved, demolished, or changed, and no new structure within an historic district
may be erected without approval of the plans therefor by the appropriate municipal
panel. The panel shall consider the following in its review of plans submitted:
(I) The historic or architectural significance of the structure, its distinctive characteristics,
and its relationship to the historic significance of the surrounding area.
(II) The relationship of the proposed changes in the exterior architectural features of
the structure to the remainder of the structure and to the surrounding area.
(III) The general compatibility of the proposed exterior design, arrangement, texture, and
materials proposed to be used.
(IV) Any other factors, including the environmental setting and aesthetic factors that
the panel deems to be pertinent.
(iii) When an appropriate municipal panel is reviewing an application relating to an historic
district, the panel:
(I) Shall be strict in its judgment of plans for those structures deemed to be valuable
under subdivision (1)(F)(i) of this section, but is not required to limit new construction,
alteration, or repairs to the architectural style of any one period, but may encourage
compatible new design.
(II) If an application is submitted for the alteration of the exterior appearance of a
structure or for the moving or demolition of a structure deemed to be significant
under subdivision (1)(F)(i) of this section, shall meet with the owner of the structure
to devise an economically feasible plan for the preservation of the structure.
(III) Shall approve an application only when the panel is satisfied that the proposed plan
will not materially impair the historic or architectural significance of the structure
or surrounding area.
(IV) In the case of a structure deemed to be significant under subdivision (1)(F)(i) of
this section, may approve the proposed alteration despite subdivision (1)(F)(ii)(III)
of this section if the panel finds either or both of the following:
(aa) The structure is a deterrent to a major improvement program that will be of clear
and substantial benefit to the municipality.
(bb) Retention of the structure would cause undue financial hardship to the owner.
(iv) This subdivision (1)(F), and bylaws issued pursuant to it, shall apply to designation
of individual landmarks as well as to designation of local historic districts. A landmark
is any individual building, structure, or site that by itself has a special historic,
architectural, or cultural value.
(v) The provisions of this subdivision (1)(F) shall not in any way apply to or affect
buildings, structures, or land within the “Capitol complex,” as defined in 29 V.S.A. chapter 6.
(G) Buffers. In accordance with section 4424 of this title, a municipality may adopt bylaws to protect buffers, as that term is defined in 10 V.S.A. § 1422, in order to protect public safety; prevent and control water pollution; prevent
and control stormwater runoff; preserve and protect wetlands and waterways; maintain
and protect natural channel, streambank, and floodplain stability; minimize damage
to property and transportation infrastructure; preserve and protect the habitat of
terrestrial and aquatic wildlife; promote open space and aesthetics; and achieve other
municipal, regional, or State conservation and development objectives for buffers.
Buffer bylaws may regulate the design and location of development; control the location
of buildings; require the provision and maintenance or reestablishment of vegetation,
including no net loss of vegetation; require screening of development or use from
waters; reserve existing public access to public waters; and impose other requirements
authorized by this chapter.
(2) Overlay districts. Special districts may be created to supplement or modify the zoning requirements otherwise
applicable in underlying districts in order to provide supplementary provisions for
areas such as shorelands and floodplains, aquifer and source protection areas, ridgelines
and scenic features, highway intersection, bypass, and interchange areas, or other
features described in section 4411 of this title.
(3) Conditional uses.
(A) In any district, certain uses may be allowed only by approval of the appropriate municipal
panel, if general and specific standards to which each allowed use must conform are
prescribed in the appropriate bylaws and if the appropriate municipal panel, under
the procedures in subchapter 10 of this chapter, determines that the proposed use
will conform to those standards. These general standards shall require that the proposed
conditional use shall not result in an undue adverse effect on any of the following:
(i) The capacity of existing or planned community facilities.
(ii) The character of the area affected, as defined by the purpose or purposes of the zoning
district within which the project is located, and specifically stated policies and
standards of the municipal plan.
(iii) Traffic on roads and highways in the vicinity.
(iv) Bylaws and ordinances then in effect.
(v) Utilization of renewable energy resources.
(B) The general standards set forth in subdivision (3)(A) of this section may be supplemented
by more specific criteria, including requirements with respect to any of the following:
(i) Minimum lot size.
(ii) Distance from adjacent or nearby uses.
(iii) Performance standards, as under subdivision (5) of this section.
(iv) Criteria adopted relating to site plan review pursuant to section 4416 of this title.
(v) Any other standards and factors that the bylaws may include.
(C) One or more of the review criteria found in 10 V.S.A. § 6086 may be adopted as standards for use in conditional use review.
(D) A multiunit dwelling project consisting of four or fewer units located in a district
allowing multiunit dwellings may not be denied solely due to an undue adverse effect
on the character of the area affected.
(4) Parking and loading facilities. A municipality may adopt provisions setting forth standards for permitted and required
facilities for off-street parking and loading, which may vary by district and by uses
within each district. In any district that is served by municipal sewer and water
infrastructure that allows residential uses, a municipality shall not require more
than one parking space per dwelling unit. However, a municipality may require 1.5
parking spaces for duplexes and multiunit dwellings in areas not served by sewer and
water, and in areas that are located more than one-quarter mile away from public parking.
The number of parking spaces shall be rounded up to the nearest whole number when
calculating the total number of spaces. These bylaws may also include provisions covering
the location, size, design, access, landscaping, and screening of those facilities.
In determining the number of parking spaces for nonresidential uses and size of parking
spaces required under these regulations, the appropriate municipal panel may take
into account the existence or availability of employer “transit pass” and rideshare
programs, public transit routes, and public parking spaces in the vicinity of the
development.
(5) Performance standards. As an alternative or supplement to the listing of specific uses permitted in districts,
including those in manufacturing or industrial districts, bylaws may specify acceptable
standards or levels of performance that will be required in connection with any use.
These bylaws shall specifically describe the levels of operation that are acceptable
and not likely to affect adversely the use of the surrounding area by the emission
of such dangerous or objectionable elements as noise, vibration, smoke, dust, odor,
or other form of air pollution, heat, cold, dampness, electromagnetic, or other disturbance,
glare, liquid, or solid refuse or wastes; or create any dangerous, injurious, noxious,
fire, explosive, or other hazard. The land planning policies and development bylaws
manual prepared pursuant to section 4304 of this title shall contain recommended forms of alternative performance standards, and the assistance
of the Agency of Commerce and Community Development shall be available to any municipality
that requests aid in the application or enforcement of these bylaws.
(6) Access to renewable energy resources. Any municipality may adopt zoning and subdivision bylaws to encourage energy conservation
and to protect and provide access to, among others, the collection or conversion of
direct sunlight, wind, running water, organically derived fuels, including wood and
agricultural sources, waste heat, and geothermal sources, including those recommendations
contained in the adopted municipal plan, regional plan, or both. The bylaw shall establish
a standard of review in conformance with the municipal plan provisions required pursuant
to subdivision 4382(a)(9) of this title.
(7) Inclusionary zoning. In order to provide for affordable housing, bylaws may require that a certain percentage
of housing units in a proposed subdivision, planned unit development, or multi-unit
development meets defined affordability standards, which may include lower income
limits than contained in the definition of “affordable housing” in subdivision 4303(1) of this title and may contain different affordability percentages than contained in the definition
of “affordable housing development” in subdivision 4303(2) of this title. These provisions, at a minimum, shall comply with all the following:
(A) Be in conformance with specific policies of the housing element of the municipal plan.
(B) Be determined from an analysis of the need for affordable rental and sale housing
units in the community.
(C) Include development incentives that contribute to the economic feasibility of providing
affordable housing units, such as density bonuses, reductions or waivers of minimum
lot, dimensional or parking requirements, reductions or waivers of applicable fees,
or reductions or waivers of required public or nonpublic improvements.
(D) Require, through conditions of approval, that once affordable housing is built, its
availability will be maintained through measures that establish income qualifications
for renters or purchasers, promote affirmative marketing, and regulate the price,
rent, and resale price of affordable units for a time period specified in the bylaws.
(8) Waivers.
(A) A bylaw may allow a municipality to grant waivers to reduce dimensional requirements,
in accordance with specific standards that shall be in conformance with the plan and
the goals set forth in section 4302 of this title. These standards may:
(i) allow mitigation through design, screening, or other remedy;
(ii) allow waivers for structures providing for disability accessibility, fire safety,
and other requirements of law; and
(iii) provide for energy conservation and renewable energy structures.
(B) If waivers from dimensional requirements are provided, the bylaws shall specify the
process by which these waivers may be granted and appealed.
(9) Stormwater management and control. Any municipality may adopt bylaws to implement stormwater management and control
consistent with the program developed by the Secretary of Natural Resources pursuant
to 10 V.S.A. § 1264. Municipalities shall not charge an impervious surface fee or other stormwater fee
under this subdivision or under other provisions of this title on property regulated
under the Required Agricultural Practices for discharges of agricultural waste or
agricultural nonpoint source pollution.
(10) Time-share projects. The bylaws may require that time-share projects consisting of five or more time-share
estates or licenses be subject to development review.
(11) Archaeological resources. A municipality may adopt bylaws for the purpose of regulating archaeological sites
and areas that may contain significant archaeological sites to make progress toward
attaining the goals in the municipal plan concerning the protection of archaeological
sites.
(12) Wireless telecommunications facilities and ancillary improvements. A municipality may adopt bylaws to regulate wireless telecommunications facilities
and ancillary improvements in a manner consistent with State or federal law. These
bylaws may include requiring the decommissioning or dismantling of wireless telecommunications
facilities and ancillary improvements, and may establish requirements that a bond
be posted, or other security acceptable to the legislative body, in order to finance
facility decommissioning or dismantling activities.
(13)(A) Wastewater and potable water supply systems. A municipality may adopt bylaws that:
(i) prohibit the initiation of construction under a zoning permit unless and until a wastewater
and potable water supply permit is issued under 10 V.S.A. chapter 64; or
(ii) establish an application process for a zoning or subdivision permit, under which an
applicant may submit a permit application for municipal review, and the municipality
may condition the issuance of a final permit upon issuance of a wastewater and potable
water supply permit under 10 V.S.A. chapter 64.
(B) For purposes of an appeal of a permit issued under a bylaw adopted under this subdivision
(13), the appealable decision of the municipality shall be the issuance or denial
of a final zoning or subdivision permit and not the requirement to condition issuance
of a permit on issuance of a wastewater and potable water supply permit under 10 V.S.A. chapter 64.
(14) Green development incentives. A municipality may encourage the use of low-embodied energy in construction materials,
planned neighborhood developments that allow for reduced use of fuel for transportation,
and increased use of renewable technology by providing for regulatory incentives,
including increased densities and expedited review.
(15) Solar plants; screening. Notwithstanding any contrary provision of sections 2291a and 4413 of this title or 30 V.S.A. chapter 5 or 89, a municipality may adopt a freestanding bylaw to establish screening requirements
that shall apply to a ground-mounted plant that generates electricity from solar energy.
In a proceeding under 30 V.S.A. § 248, the municipality may make recommendations to the Public Utility Commission applying
the bylaw to such a plant. The bylaw may designate the municipal body to make this
recommendation. Screening requirements and recommendations adopted under this subdivision
shall be a condition of a certificate of public good issued for the plant under 30 V.S.A. § 248, provided that they do not prohibit or have the effect of prohibiting the installation
of such a plant and do not have the effect of interfering with its intended functional
use.
(A) Screening requirements under this subdivision shall not be more restrictive than screening
requirements applied to commercial development in the municipality under this chapter
or, if the municipality does not have other bylaws except flood hazard, 10 V.S.A. chapter 151.
(B) In this section, “plant” shall have the same meaning as in 30 V.S.A. § 8002 and “screening” means reasonable aesthetic mitigation measures to harmonize a facility
with its surroundings and includes landscaping, vegetation, fencing, and topographic
features.
(C) This subdivision (15) shall not authorize requiring a municipal land use permit for
a solar electric generation plant, and a municipal action under this subdivision shall
not be subject to the provisions of subchapter 11 (appeals) of this chapter. Notwithstanding
any contrary provision of this title, enforcement of a bylaw adopted under this subdivision
shall be pursuant to the provisions of 30 V.S.A. § 30 applicable to violations of 30 V.S.A. § 248. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2005, No. 183 (Adj. Sess.), § 5; 2007, No. 32, § 4; 2007, No. 79, § 15; 2007, No. 32, § 4a, eff. May 18, 2007; 2007, No. 79, § 15a, eff. June 9, 2007; 2007, No. 209 (Adj. Sess.), § 11; 2009, No. 110 (Adj. Sess.), § 7; 2009, No. 145 (Adj. Sess.), § 2, eff. June 1, 2010; 2013, No. 147 (Adj. Sess.), § 14, eff. June 1, 2014; 2015, No. 56, § 26d, eff. June 11, 2015; 2019, No. 179 (Adj. Sess.), § 2, eff. Oct. 12, 2020; 2021, No. 182 (Adj. Sess.), § 29, eff. July 1, 2022; 2023, No. 42, § 8, eff. July 1, 2023; 2023, No. 47, § 1, eff. July 1, 2024; 2023, No. 121 (Adj. Sess.), § 8b, eff. July 1, 2024; 2023, No. 181 (Adj. Sess.), § 55, eff. June 17, 2024.)
§ 4414a. Cannabis cultivation district
A municipality, after consultation with the municipal cannabis control commission,
if one exists, may adopt a bylaw identifying cannabis cultivation districts where
the outdoor cultivation of cannabis is preferred within the municipality. Cultivation
of cannabis within a cannabis cultivation district shall be presumed not to result
in an undue effect on the character of the area affected. The adoption of a cannabis
cultivation district shall not have the effect of prohibiting cultivation of outdoor
cannabis in the municipality. (Added 2023, No. 166 (Adj. Sess.), § 17, eff. June 10, 2024.)
§ 4415. Interim bylaws
(a) If a municipality is conducting or has taken action to conduct studies, or has held
or is holding a hearing for the purpose of considering a bylaw, a comprehensive plan,
or an amendment, extension, or addition to a bylaw or plan, the legislative body may
adopt interim bylaws regulating land development in all or a part of the municipality
in order to protect the public health, safety, and general welfare and provide for
orderly physical and economic growth. These interim bylaws shall be adopted, reenacted,
extended, or amended by the legislative body of the municipality after public hearing
upon public notice as an emergency measure. They shall be limited in duration to two
years from the date they become effective and may be extended or reenacted only in
accordance with subsections (f) and (g) of this section. An interim bylaw adopted
under this section may be repealed after public hearing, upon public notice by the
legislative body. The legislative body, upon petition of five percent of the legal
voters filed with the clerk of the municipality, shall hold a public hearing for consideration
of amendment or repeal of the interim bylaws.
(b) An interim bylaw adopted, extended, or reenacted under this section may contain any
provision authorized under this chapter.
(c) Interim bylaws shall be administered and enforced in accordance with the provisions
of this title applicable to the administration and enforcement of permanent bylaws,
except that uses other than those permitted by an interim bylaw may be authorized
as provided for in subsection (d) of this section.
(d) Under interim bylaws, the legislative body may, upon application, authorize the issuance
of permits for any type of land development as a conditional use not otherwise permitted
by the bylaw after public hearing preceded by notice in accordance with section 4464 of this title. The authorization by the legislative body shall be granted only upon a finding by
the body that the proposed use is consistent with the health, safety, and welfare
of the municipality and the standards contained in subsection (e) of this section.
The applicant and all abutting property owners shall be notified in writing of the
date of the hearing and of the legislative body’s final determination.
(e) In making a determination, the legislative body shall consider the proposed use with
respect to all the following:
(1) The capacity of existing or planned community facilities, services, or lands.
(2) The existing patterns and uses of development in the area.
(3) Environmental limitations of the site or area and significant natural resource areas
and sites.
(4) Municipal plans and other municipal bylaws, ordinances, or regulations in effect.
(f) The legislative body of the municipality may extend or reenact interim bylaws for
a one-year period beyond the initial two-year period authorized by subsection (a)
of this section in accordance with the procedures for adoption in that subsection.
(g) A copy of the adopted, amended, reenacted, or extended interim bylaw shall be sent
to adjoining towns, to the regional planning commission of the region in which the
municipality is located, and to the Agency of Commerce and Community Development. (Added 2003, No. 115 (Adj. Sess.), § 95.)
§ 4416. Site plan review
(a) As prerequisite to the approval of any use other than one- and two-family dwellings,
the approval of site plans by the appropriate municipal panel may be required, under
procedures set forth in subchapter 10 of this chapter. In reviewing site plans, the
appropriate municipal panel may impose, in accordance with the bylaws, appropriate
conditions and safeguards with respect to the adequacy of parking, traffic access,
and circulation for pedestrians and vehicles; landscaping and screening; the protection
of the utilization of renewable energy resources; exterior lighting; the size, location,
and design of signs; and other matters specified in the bylaws. The bylaws shall specify
the maps, data, and other information to be presented with applications for site plan
approval and a review process pursuant to section 4464 of this title.
(b) Whenever a proposed site plan involves access to a State highway or other work in
the State highway right-of-way such as excavation, grading, paving, or utility installation,
the application for site plan approval shall include a letter from the Agency of Transportation
confirming that the Agency has reviewed the proposed site plan and determined whether
a permit is required under 19 V.S.A. § 1111. If the Agency determines that a permit for the proposed site plan is required under
19 V.S.A. § 1111, then the letter from the Agency may set out conditions that the Agency proposes
to attach to the permit required under 19 V.S.A. § 1111. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2013, No. 167 (Adj. Sess.), § 29; 2021, No. 55, § 36; 2021, No. 184 (Adj. Sess.), § 39, eff. July 1, 2022.)
§ 4417. Planned unit development
(a) Any municipality adopting a bylaw should provide for planned unit developments to
permit flexibility in the application of land development regulations for the purposes
of section 4302 of this title and in conformance with the municipal plan. The following may be purposes for planned
unit development bylaws:
(1) To encourage compact, pedestrian-oriented development and redevelopment, and to promote
a mix of residential uses or nonresidential uses, or both, especially in downtowns,
village centers, new town centers, and associated neighborhoods.
(2) To implement the policies of the municipal plan, such as the provision of affordable
housing.
(3) To encourage any development in the countryside to be compatible with the use and
character of surrounding rural lands.
(4) To provide for flexibility in site and lot layout, building design, placement and
clustering of buildings, use of open areas, provision of circulation facilities, including
pedestrian facilities and parking, and related site and design considerations that
will best achieve the goals for the area as articulated in the municipal plan and
bylaws within the particular character of the site and its surroundings.
(5) To provide for the conservation of open space features recognized as worthy of conservation
in the municipal plan and bylaws, such as the preservation of agricultural land, forest
land, trails, and other recreational resources, critical and sensitive natural areas,
scenic resources, and protection from natural hazards.
(6) To provide for efficient use of public facilities and infrastructure.
(7) To encourage and preserve opportunities for energy-efficient development and redevelopment.
(b) The application of planned unit development bylaws to a proposed development may:
(1) Involve single or multiple properties and one owner or multiple owners. Procedures
for application and review of multiple owners or properties under a common application,
if allowed, shall be specified in the bylaws.
(2) Be limited to parcels that have a minimum area specified in the bylaws or a minimum
size or number of units.
(3) Be mandatory for land located in specified zoning districts or for projects of a specified
type or magnitude as provided in the bylaws.
(c) Planned unit development bylaws adopted pursuant to this section at a minimum shall
include the following provisions:
(1) A statement of purpose in conformance with the purposes of the municipal plan and
bylaws.
(2) The development review process to be used for review of planned unit developments
to include conditional use or subdivision review procedures, or both, as specified
in the bylaws.
(3) Specifications, or reference to specifications, for all application documents and
plan drawings.
(4) Standards for the review of proposed planned unit developments, which may vary the
density or intensity of land use otherwise applicable under the provisions of the
bylaws in consideration of and with respect to any of the following:
(A) The location and physical characteristics of the proposed planned unit development.
(B) The location, design, type, and use of the lots and structures proposed.
(C) The amount, location, and proposed use of open space.
(5) Standards requiring related public improvements or nonpublic improvements, or both;
and the payment of impact fees, incorporating by reference any development impact
fee ordinance adopted pursuant to chapter 131 of this title.
(6) Provisions for the proposed planned unit development to be completed in reasonable
phases, in accordance with the municipal plan and any capital budget and program.
(7) Provisions for coordinating the planned unit development review with other applicable
zoning or subdivision review processes, specifying the sequence in which the various
review standards will be considered.
(8) Reviews that are conducted in accordance with the procedures in subchapter 10 of this
chapter.
(d) Planned unit development bylaws may provide for, as part of the standards described
in subdivisions (c)(4) and (c)(5) of this section, the authorization of uses, densities,
and intensities that do not correspond with or are not otherwise expressly permitted
by the bylaws for the area in which a planned unit development is located, provided
that the municipal plan contains a policy that encourages mixed use development, development
at higher overall densities or intensities, or both.
(e) Standards for the reservation or dedication of common land or other open space for
the use or benefit of the residents of the proposed planned unit development shall
include provisions for determining the amount and location of that common land or
open space, and for ensuring its improvement and maintenance.
(1) The bylaws may provide that the municipality may, at any time, accept the dedication
of land or any interest in land for public use and maintenance.
(2) The bylaws may require that the applicant or landowner provide for and establish an
organization or trust for the ownership and maintenance of any common facilities or
open space, and that this organization or trust shall not be dissolved or revoked
nor shall it dispose of any common open space, by sale or otherwise, except to an
organization or trust conceived and established to own and maintain the common open
space, without first offering to dedicate the same to the municipality or other governmental
agency to maintain those common facilities or that open space.
(f) The approval of a proposed planned unit development shall be based on findings by
the appropriate municipal panel that the proposed planned unit development is in conformance
with the municipal plan and satisfies other requirements of the bylaws.
(g) The appropriate municipal panel may prescribe, from time to time, rules and regulations
to supplement the standards and conditions set forth in the zoning bylaws, provided
the rules and regulations are not inconsistent with any municipal bylaw. The panel
shall hold a public hearing after public notice, as required by section 4464 of this title, prior to the enactment of any supplementary rules and regulations. (Added 2003, No. 115 (Adj. Sess.), § 95.)
§ 4418. Subdivision bylaws
In order to guide community settlement patterns and to ensure the efficient extension
of services, utilities, and facilities as land is developed, a municipality may regulate
the division of a lot or parcel of land into two or more lots or other division of
land for sale, development, or lease. Subdivision bylaws shall establish standards
and procedures for approval, modification, or disapproval of plats of land and approval
or modification of plats previously filed in the office of the municipal clerk or
land records.
(1) Subdivision bylaws shall be administered in accordance with the requirements of subchapter
10 of this chapter and shall contain:
(A) Procedures and requirements for the design, submission, and processing of plats, any
drawing and plans, and any other documentation required for review of subdivisions.
(B) Standards for the design and layout of streets, sidewalks, curbs, gutters, streetlights,
fire hydrants, landscaping, water, sewage and stormwater management facilities, public
and private utilities, and other necessary improvements as may be specified in a municipal
plan. Standards in accordance with subdivision 4412(3) of this title shall be required for lots without frontage on or access to public roads or public
waters.
(C) Standards for the design and configuration of parcel boundaries and location of associated
improvements necessary to implement the municipal plan and achieve the desired settlement
pattern for the neighborhood, area, or district in which the subdivision is located.
(D) Standards for the protection of natural resources and cultural features and the preservation
of open space, as appropriate in the municipality.
(2) Subdivision bylaws may include:
(A) provisions allowing the appropriate municipal panel to waive or modify, subject to
appropriate conditions, the provision of any or all improvements and requirements
as in its judgment of the special circumstances of a particular plat or plats are
not requisite in the interest of the public health, safety, and general welfare, or
are inappropriate because of inadequacy or lack of connecting facilities adjacent
or in proximity to the subdivision;
(B) procedures for conceptual, preliminary, partial, and other reviews preceding submission
of a subdivision plat, including any administrative reviews;
(C) specific development standards to promote the conservation of energy or to permit
the utilization of renewable energy resources, or both;
(D) State standards and criteria under 10 V.S.A. § 6086(a); and
(E) provisions to allow the administrative officer to approve minor subdivisions. (Added 2003, No. 115 (Adj. Sess.), § 95; amended 2023, No. 47, § 8, eff. July 1, 2023.)
§ 4419. Unified development bylaws
(a) Any bylaws authorized under this chapter may be integrated into a unified land development
bylaw that combines the separate requirements into a consolidated review and permitting
process. At a minimum, unified development bylaws shall consolidate zoning and subdivision
bylaws. Unified development bylaws should incorporate other bylaws in conformance
with this chapter and should cross reference all ordinances adopted by a municipality
pursuant to authority outside this chapter that affect land development. Unified development
bylaws shall provide for an orderly permitting process for all applicable regulations,
in accordance with subchapters 10 and 11 of this chapter.
(b) Any municipality that has adopted unified development bylaws in conformance with the
requirements of sections 4410, 4411, 4412, 4413, and 4417 of this title shall be deemed to have adopted permanent zoning and subdivision regulations in accordance
with 10 V.S.A. § 6001(3). (Added 2003, No. 115 (Adj. Sess.), § 95.)
§ 4420. Local Act 250 review of municipal impacts
(a) This section shall apply to any municipality in which all of the following have taken
place, either at the direction of the legislative body or pursuant to a vote of the
municipality’s voters at a duly warned municipal meeting considering the question:
(1) The criteria specified in this section have been adopted in the appropriate bylaws
authorized under this chapter.
(2) The municipality’s plan has been duly adopted under the provisions of this chapter.
(3) The municipality has adopted zoning bylaws and subdivision bylaws, either separately
or incorporated into one unified development bylaw.
(4) The municipality has adopted, for purposes of this section, the Municipal Administrative
Procedure Act established in chapter 36 of this title.
(5) A development review board has been created and has been authorized to undertake local
Act 250 review of municipal impacts caused by a development or subdivision, or both,
as the terms “development” and “subdivision” are defined in 10 V.S.A. chapter 151.
(b)(1) With respect to developments or subdivisions to which this section applies, the development
review board, pursuant to the procedures established in chapter 36 of this title,
shall hear such applications as meet the criteria set forth in the bylaws with respect
to size or impact, or both, for local Act 250 review of municipal impacts. Once a
municipality has determined to conduct reviews under this section, all applicants
meeting such criteria for Act 250 permits for developments or subdivisions located
within the municipality shall go through this process, unless all the following apply:
(A) The applicant can establish to the satisfaction of the development review board that
the applicant relied on a determination by the Land Use Review Board’s local district
coordinator that Act 250 jurisdiction did not apply to the development or subdivision
in question, and based upon that reliance, the applicant obtained local permits without
complying with this section.
(B) The Land Use Review Board’s local district coordinator’s jurisdictional ruling was
later reconsidered or overturned on appeal, with the result that Act 250 jurisdiction
does apply to the development or subdivision in question.
(C) The development review board waives its jurisdiction under this section in the interest
of fairness to the applicant.
(2) Determinations by the development review board regarding whether to waive jurisdiction
under this subsection shall not be subject to review.
(c) In proceedings under this section, the applicant shall demonstrate that the proposed
development or subdivision:
(1) Will not cause an unreasonable burden on the ability of the municipality to provide
educational services.
(2) Will not cause an unreasonable burden on the ability of the municipality to provide
municipal or governmental services.
(3) Is in conformance with the plan of the municipality adopted in accordance with this
chapter.
(d) A violation of the provisions of this section shall be subject to enforcement as a
violation of this chapter. (Added 2003, No. 115 (Adj. Sess.), § 95.)
§ 4421. Official map
A municipality may adopt an official map that identifies future municipal utility
and facility improvements, such as road or recreational path rights-of-way, parkland,
utility rights-of-way, and other public improvements, in order to provide the opportunity
for the community to acquire land identified for public improvements prior to development
for other use and to identify the locations of required public facilities for new
subdivisions and other development under review by the municipality.
(1) Preparation of an official map. For the purposes of this chapter, the official map shall be based upon the most accurate
data available as to the location and width of existing and proposed streets and drainageways
and the location of all existing and proposed parks, schools, and other public facilities.
Where questions arise in the administration of this section that require more precise
determinations of the location of any street right-of-way line on all drainageways
or the location of any park, school, or any other public facility, the legislative
body shall have a survey prepared of the street or section, park, school, or other
public facility in question, that may by resolution of the legislative body become
a part of the official map.
(2) Changes to the official map. After adoption of the official map, the recordation of plats that have been approved
as provided by this chapter, or the adoption of any urban renewal plan under chapter
85 of this title, shall, without further action, modify the official map accordingly.
Minor changes in the location of proposed public facilities may also be made to particular
sections of the official map if the change is recommended by a majority of the planning
commission and approved by resolution of the legislative body. This process may take
place concurrently with review of development or subdivision of a parcel that is proposed
to be subject to a map change.
(3) Status of mapped public facilities. The adoption, as part of an official map, of any existing or proposed street or street
line or drainageway, or any proposed park, school, or other public facility, shall
not constitute a taking or acceptance of land by the municipality, nor shall the adoption
of any street in an official map constitute the opening or establishment of the street
for public use or obligate the municipality in any way for the maintenance of the
street.
(4) Building on properties with mapped public facilities. No zoning permit may be issued for any land development within the lines of any street,
drainageway, park, school, or other public facility shown on the official map, except
as specifically provided in this section. No person shall recover any damages for
the taking for public use of any land development constructed within the lines of
any proposed street, drainageway, park, school, or other public facility after it
has been included in the official map, and any such land development shall be removed
at the expense of the owner.
(A) If a permit for any land development within the lines of any proposed street, drainageway,
park, school, or other public facility shown on an official map is denied pursuant
to subdivision (5) of this section, the legislative body shall have 120 days from
the date of the denial of the permit to institute proceedings to acquire that land
or interest in that land, and if no such proceedings are started within that time,
the administrative officer shall issue the permit if the application otherwise conforms
to all the applicable bylaws.
(B) A municipality may specify in its bylaws that conditional use review is required for
any structure within the line of any public facility shown on the official map or
within a specified area adjacent to the lines on the map. If conditional use review
is required for these structures, the purpose of the review shall be to ensure that
the structure is compatible with the location and function of existing and planned
public facilities. If the conditional use is denied, the procedure provided in subdivision
(4)(A) of this section shall be instituted.
(5) Development review for properties with mapped public facilities. Any application for subdivision or other development review that involves property
on which the official map shows a public facility shall demonstrate that the mapped
public facility will be accommodated by the proposed subdivision or development in
accordance with the municipality’s bylaws. Failure to accommodate the mapped public
facility or obtain a minor change in the official map shall result in the denial of
the development or subdivision. The legislative body shall have 120 days from the
date of the denial of the permit to institute proceedings to acquire that land or
interest in land, and if these proceedings are not started within that time, the appropriate
municipal panel shall review the application without regard to the proposed public
facilities. (Added 2003, No. 115 (Adj. Sess.), § 95.)
§ 4422. Adequate public facilities; phasing
Development may be phased or limited under a bylaw to avoid or mitigate any undue
adverse impact on existing or planned community facilities or services. Where a capital
budget and program has been adopted, the bylaw may limit or phase development based
on the timing of construction or implementation of related necessary public facilities
and services, in conformance with an adopted capital budget and program. A municipality
also may levy impact fees in accordance with chapter 131 of this title. (Added 2003, No. 115 (Adj. Sess.), § 95.)
§ 4423. Transfer of development rights
(a) In order to accomplish the purposes of 10 V.S.A. § 6301, bylaws may contain provisions for the transfer of development rights. The bylaws
shall do all the following:
(1) Specify one or more sending areas for which development rights may be acquired.
(2) Specify one or more receiving areas in which those development rights may be used.
(3) Define the amount of the density increase allowable in receiving areas, and the quantity
of development rights necessary to obtain those increases.
(4) Define “density increase” in terms of an allowable percentage decrease in lot size
or increase in building bulk, lot coverage, or ratio of floor area to lot size, or
any combination.
(5) Define “development rights,” which at minimum shall include a conservation easement,
created by deed for a specified period of not less than 30 years, granted to the municipality
under 10 V.S.A. chapter 155, limiting land uses in the sending area solely to specified
purposes, but including, at a minimum, agriculture and forestry.
(b) Upon approval by the appropriate municipal panel, a zoning permit may be granted for
land development based in part upon a density increase, provided there is compliance
with all the following:
(1) The area subject to the application is a receiving area, and the density increase
is allowed by the provisions relating to transfer of development rights.
(2) The applicant has obtained development rights from a sending area that are sufficient
under the regulations for the density increase sought.
(3) The development rights are evidenced by a deed that recites that it is a conveyance
under this subdivision and recites the number of acres affected in the sending area.
(4) The sending area from which development rights have been severed has been surveyed
and suitably monumented.
(c) The municipality shall maintain a map of areas from which development rights have
been severed. Following issuance of a zoning permit under this section, the municipality
shall effect all the following:
(1) Ensure that the instruments transferring the conservation easements and the development
rights are recorded.
(2) Mark the development rights map showing the area from which development rights have
been severed and indicating the book and page in the land records where the easement
is recorded.
(d) Failure to record an instrument or mark a map does not invalidate a transfer of development
rights. Development rights transferred under this section shall be valid notwithstanding
any subsequent failure to file a notice of claim under the Marketable Record Title
Act. (Added 2003, No. 115 (Adj. Sess.), § 95.)
§ 4424. Shorelands; flood or hazard area; special or freestanding bylaws [Effective until
January 1, 2028 except as otherwise noted preceding subdivision (a)(2)(B); see also
version effective January 1, 2028 set out below]
(a) Bylaws; flood and other hazard areas. Any municipality may adopt freestanding bylaws under this chapter to address particular
hazard areas in conformance with the municipal plan, the State Flood Hazard Area Standards
or, for the purpose of adoption of a flood hazard area bylaw, a local hazard mitigation
plan approved under 44 C.F.R. § 201.6. Such freestanding bylaws may include the following, which may also be part of zoning
or unified development bylaws:
(1) Bylaws to regulate development and use along shorelands.
(2) Bylaws to regulate development and use in flood hazard areas or other hazard areas.
The following shall apply if flood hazard or other hazard area bylaws are enacted:
(A) Purposes.
(i) To minimize and prevent the loss of life and property, the disruption of commerce,
the impairment of the tax base, and the extraordinary public expenditures and demands
on public service that result from flooding, landslides, erosion hazards, earthquakes,
and other natural or human-made hazards.
(ii) To ensure that the design and construction of development in flood hazard and other
hazard areas are accomplished in a manner that minimizes or eliminates the potential
for flood and loss or damage to life and property and ensures new development will
not adversely affect existing development in a flood hazard area.
(iii) To manage all flood hazard areas designated pursuant to 10 V.S.A. § 753.
(iv) To make the State and municipalities eligible for federal flood insurance and other
federal disaster recovery and hazard mitigation funds as may be available.
[Subdivision (a)(2)(B) effective until January 1, 2026; see also subdivision (a)(2)(B)
effective January 1, 2026 set out below.]
(B) Contents of bylaws. Except as provided in subsection (c) of this section, flood, river corridor protection
area, and other hazard area bylaws may:
(i) Contain standards and criteria that prohibit the placement of damaging obstructions
or structures, the use and storage of hazardous or radioactive materials, and practices
that are known to further exacerbate hazardous or unstable natural conditions.
(ii) Require flood, fluvial erosion, and hazard protection through elevation, floodproofing,
disaster preparedness, hazard mitigation, relocation, or other techniques.
(iii) Require adequate provisions for flood drainage and other emergency measures.
(iv) Require provision of adequate and disaster-resistant water and wastewater facilities.
(v) Establish other restrictions to promote the sound management and use of designated
flood, river corridor protection, and other hazard areas.
(vi) Regulate all land development in a flood hazard area, river corridor protection area,
or other hazard area, except for development that is regulated under 10 V.S.A. § 754.
[Subdivision (a)(2)(B) effective January 1, 2026; see also subdivision (a)(2)(B) effective
until January 1, 2026 set out above.]
(B) Contents of bylaws. Except as provided in subsection (c) of this section, flood hazard, and other hazard
area bylaws shall:
(i) Require compliance with the State Flood Hazard Area Standards established by rule
pursuant to 10 V.S.A. § 755(c) and meet all additional requirements under the National Flood Insurance Program as
set forth in 44 C.F.R. § 60.3.
(ii) Regulate all land development in a flood hazard area or other hazard area, except
for development that is regulated under 10 V.S.A. § 754.
(C) Effect on zoning bylaws. hazard or other hazard area bylaws may alter the uses otherwise permitted, prohibited,
or conditional in a flood hazard area or other hazard area under a bylaw, as well
as the applicability of other provisions of that bylaw. Where a flood hazard bylaw,
a hazard area bylaw, or both apply along with any other bylaw, compliance with the
flood or other hazard area bylaw shall be prerequisite to the granting of a zoning
permit. Where a flood hazard area bylaw or a hazard area bylaw but not a zoning bylaw
applies, the flood hazard and other hazard area bylaw shall be administered in the
same manner as are zoning bylaws, and a flood hazard area or hazard area permit shall
be required for land development covered under the bylaw.
(D) Mandatory provisions.
(i) Except as provided in subsection (c) of this section, all flood hazard and other hazard
area bylaws shall provide that no permit for new construction or substantial improvement
shall be granted for a flood hazard or other hazard area until after both the following:
(I) a copy of the application is mailed or delivered by the administrative officer or
by the appropriate municipal panel to the Agency of Natural Resources or its designee,
which may be done electronically, provided the sender has proof of receipt; and
(II) either 30 days have elapsed following the mailing or the Agency or its designee delivers
comments on the application.
(ii) The Agency of Natural Resources may delegate to a qualified representative of a municipality
with a flood hazard area bylaw or ordinance or to a qualified representative for a
regional planning commission the Agency’s authority under this subdivision (a)(2)(D)
to review and provide technical comments on a proposed permit for new construction
or substantial improvement in a flood hazard area. Comments provided by a representative
delegated under this subdivision (a)(2)(D) shall not be binding on a municipality.
(b) Ordinances. A municipality may adopt a flood hazard area or other hazard area regulation that
meets the requirements of this section by ordinance under subdivision 2291(25) of this title.
(c) Permit; planting projects.
(1) As used in this subsection, “planting project” means planting vegetation to restore
natural and beneficial floodplain functions, as defined in 42 U.S.C. § 4121(a), that include floodwater storage, water quality improvement, and supporting riparian
and aquatic habitat.
(2) By operation of this subsection, a planting project in a flood or other hazard area
or river corridor protection area is considered to have a permit under this chapter
unless the project is:
(A) part of a larger undertaking that includes the construction or installation of structures,
the creation of earthen berms or banks, or physical disturbance of land or water other
than necessary for planting vegetation; or
(B) a forestry operation or part of a forestry operation as defined in 10 V.S.A. § 2602 and exempt from municipal regulation under subsection 4413(d) of this title.
(3) Notwithstanding any contrary provision of this chapter or municipal bylaw or ordinance,
a planting project considered to have a permit by operation of this subsection shall
not be required to file an application to obtain a permit under this chapter or approval
under a municipal ordinance or to obtain the issuance of such a permit or approval
by the municipality. (Added 2003, No. 115 (Adj. Sess.), § 95; amended by 2011, No. 138 (Adj. Sess.), § 13, eff. May 14, 2012; 2013, No. 34, § 15; 2017, No. 4, § 1, eff. March 6, 2017; 2017, No. 197 (Adj. Sess.), § 16; 2023, No. 121 (Adj. Sess.), § 9, eff. January 1, 2026.)
§ 4424. Shorelands; flood or hazard area; special or freestanding bylaws [Effective January
1, 2028; see also version effective until January 1, 2028 set out above]
(a) Bylaws; flood and other hazard areas. Any municipality may adopt freestanding bylaws under this chapter to address particular
hazard areas in conformance with the municipal plan, the State Flood Hazard Area Standards
or, for the purpose of adoption of a flood hazard area bylaw, a local hazard mitigation
plan approved under 44 C.F.R. § 201.6. Such freestanding bylaws may include the following, which may also be part of zoning
or unified development bylaws:
(1) Bylaws to regulate development and use along shorelands.
(2) Bylaws to regulate development and use in flood hazard areas or other hazard areas.
The following shall apply if flood hazard or other hazard area bylaws are enacted:
(A) Purposes.
(i) To minimize and prevent the loss of life and property, the disruption of commerce,
the impairment of the tax base, and the extraordinary public expenditures and demands
on public service that result from flooding, landslides, erosion hazards, earthquakes,
and other natural or human-made hazards.
(ii) To ensure that the design and construction of development in flood hazard and other
hazard areas are accomplished in a manner that minimizes or eliminates the potential
for flood and loss or damage to life and property and ensures new development will
not adversely affect existing development in a flood hazard area.
(iii) To manage all flood hazard areas designated pursuant to 10 V.S.A. § 753.
(iv) To make the State and municipalities eligible for federal flood insurance and other
federal disaster recovery and hazard mitigation funds as may be available.
(B) Contents of bylaws. Except as provided in subsection (c) of this section, flood hazard and other hazard
area bylaws shall:
(i) Require compliance with the State Flood Hazard Area Standards established by rule
pursuant to 10 V.S.A. § 755(c) and meet all additional requirements under the National Flood Insurance Program as
set forth in 44 C.F.R. § 60.3.
(ii) Regulate all land development in a flood hazard area or other hazard area, except
for development that is regulated under 10 V.S.A. § 754.
(C) Effect on zoning bylaws. hazard or other hazard area bylaws may alter the uses otherwise permitted, prohibited,
or conditional in a flood hazard area or other hazard area under a bylaw, as well
as the applicability of other provisions of that bylaw. Where a flood hazard bylaw,
a hazard area bylaw, or both apply along with any other bylaw, compliance with the
flood or other hazard area bylaw shall be prerequisite to the granting of a zoning
permit. Where a flood hazard area bylaw or a hazard area bylaw but not a zoning bylaw
applies, the flood hazard and other hazard area bylaw shall be administered in the
same manner as are zoning bylaws, and a flood hazard area or hazard area permit shall
be required for land development covered under the bylaw.
(D)(i) Mandatory provisions. Except as provided in subsection (c) of this section, all flood hazard and other hazard
area bylaws shall provide that no permit for new construction or substantial improvement
shall be granted for a flood hazard or other hazard area until after both the following:
(I) a copy of the application is mailed or delivered by the administrative officer or
by the appropriate municipal panel to the Agency of Natural Resources or its designee,
which may be done electronically, provided the sender has proof of receipt; and
(II) either 30 days have elapsed following the mailing or the Agency or its designee delivers
comments on the application.
(ii) The Agency of Natural Resources may delegate to a qualified representative of a municipality
with a flood hazard area bylaw or ordinance or to a qualified representative for a
regional planning commission the Agency’s authority under this subdivision (a)(2)(D)
to review and provide technical comments on a proposed permit for new construction
or substantial improvement in a flood hazard area. Comments provided by a representative
delegated under this subdivision (a)(2)(D) shall not be binding on a municipality.
(b) Ordinances. A municipality may adopt a flood hazard area or other hazard area regulation that
meets the requirements of this section by ordinance under subdivision 2291(25) of this title.
(c) Permit; planting projects.
(1) As used in this subsection, “planting project” means planting vegetation to restore
natural and beneficial floodplain functions, as defined in 42 U.S.C. § 4121(a), that include floodwater storage, water quality improvement, and supporting riparian
and aquatic habitat.
(2) By operation of this subsection, a planting project in a flood or other hazard area
or river corridor protection area is considered to have a permit under this chapter
unless the project is:
(A) part of a larger undertaking that includes the construction or installation of structures,
the creation of earthen berms or banks, or physical disturbance of land or water other
than necessary for planting vegetation; or
(B) a forestry operation or part of a forestry operation as defined in 10 V.S.A. § 2602 and exempt from municipal regulation under subsection 4413(d) of this title.
(3) Notwithstanding any contrary provision of this chapter or municipal bylaw or ordinance,
a planting project considered to have a permit by operation of this subsection shall
not be required to file an application to obtain a permit under this chapter or approval
under a municipal ordinance or to obtain the issuance of such a permit or approval
by the municipality. (Added 2003, No. 115 (Adj. Sess.), § 95; amended by 2011, No. 138 (Adj. Sess.), § 13, eff. May 14, 2012; 2013, No. 34, § 15; 2017, No. 4, § 1, eff. March 6, 2017; 2017, No. 197 (Adj. Sess.), § 16; 2023, No. 121 (Adj. Sess.), § 9, eff. January 1, 2026; 2023, No. 121 (Adj. Sess.), § 9, eff. January 1, 2028.)
§§ 4425, 4426. Repealed. 2003, No. 115 (Adj. Sess.), § 119(c).
§ 4427. Persons eligible to apply for permits
Municipalities and solid waste management districts empowered to condemn property
or an interest in property may apply for any permit required by any zoning regulation
adopted under this chapter. (Added 1991, No. 109, § 5, eff. June 28, 1991.)
§ 4428. Parking bylaws
(a) Parking regulation. Consistent with section 4414 of this title and with this section, a municipality may regulate parking.
(b) Parking space size standards. For the purpose of residential parking, a municipality shall define a standard parking
space as not larger than nine feet by 18 feet, however a municipality may allow a
portion of parking spaces to be smaller for compact cars or similar use. A municipality
may require a larger space wherever American with Disabilities Act-compliant spaces
are required.
(c) Existing nonconforming parking. A municipality shall allow an existing nonconforming parking space to count toward
the parking requirement of an existing residential building if new residential units
are added to the building.
(d) Adjacent lots. A municipality may allow a person with a valid legal agreement for use of parking
spaces in an adjacent or nearby lot to count toward the parking requirement of a residential
building. (Added 2023, No. 181 (Adj. Sess.), § 54, eff. June 17, 2024.)
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Subchapter 009: ADOPTION, ADMINISTRATION, AND ENFORCEMENT
§ 4440. Administration; finance
(a) Appropriations may be made by any municipality to finance the work of planning commissions,
regional planning commissions, administrative officers, appropriate municipal panels,
and other officials in the preparation, adoption, administration, and enforcement
of development plans and supporting plans, bylaws, capital budgets and programs, and
other regulatory and nonregulatory efforts to implement the municipal plan, and to
support or oppose, upon appeal to the courts, decisions of an appropriate municipal
panel. For these same purposes, any municipality may accept gifts and grants of money
and services from private sources and from the State and federal governments.
(b) The legislative body may prescribe reasonable fees to be charged with respect to the
administration of bylaws and for the administration of development review. These fees
may include the cost of posting and publishing notices and holding public hearings
and the cost of conducting periodic inspections during the installation of public
improvements. These fees may be required to be payable by the applicant upon submission
of the application or prior to issuance of permits or certificates of occupancy.
(c) The legislative body may set reasonable fees for filing of notices of appeal and for
other acts as it deems proper, the payment of which shall be a condition to the validity
of the filing or act under this chapter.
(d) The legislative body may establish procedures and standards for requiring an applicant
to pay for reasonable costs of an independent technical review of the application. (Added 2003, No. 115 (Adj. Sess.), § 99.)
§ 4441. Preparation of bylaws and regulatory tools; amendment or repeal
(a) A municipality may have one or more bylaws. Any bylaw for a municipality shall be
prepared by or at the direction of the planning commission of the municipality and
shall have the purpose of implementing the plan. An amendment or repeal of a bylaw
may be prepared by the planning commission or by any other person or body.
(b) A proposed amendment or repeal prepared by a person or body other than the planning
commission shall be submitted in writing along with any supporting documents to the
planning commission. The planning commission may then proceed under this subchapter
as if the amendment or repeal had been prepared by the commission. However, if the
proposed amendment or repeal of a bylaw is supported by a petition signed by not less
than five percent of the voters of the municipality, the commission shall correct
any technical deficiency and shall, without otherwise changing the amendment or repeal,
promptly proceed in accordance with subsections (c) through (g) of this section, as
if it had been prepared by the commission.
(c) When considering an amendment to a bylaw, the planning commission shall prepare and
approve a written report on the proposal. A single report may be prepared so as to
satisfy the requirements of this subsection concerning bylaw amendments and subsection 4384(c) of this title concerning plan amendments. The report shall provide a brief explanation of the proposed
bylaw, amendment, or repeal and shall include a statement of purpose as required for
notice under section 4444 of this title and shall include findings regarding how the proposal:
(1) conforms with or furthers the goals and policies contained in the municipal plan,
including the effect of the proposal on the availability of safe and affordable housing,
and sections 4412, 4413, and 4414 of this title;
(2) is compatible with the proposed future land uses and densities of the municipal plan;
and
(3) carries out, as applicable, any specific proposals for any planned community facilities.
(d) The planning commission shall hold at least one public hearing within the municipality
after public notice on any proposed bylaw, amendment, or repeal.
(e) At least 15 days prior to the first hearing, a copy of the proposed bylaw, amendment,
or repeal and the written report shall be delivered physically or electronically with
proof of receipt or mailed by certified mail, return receipt requested, to each of
the following:
(1) The chair of the planning commission of each abutting municipality, or in the absence
of any planning commission in a municipality, the clerk of that abutting municipality.
(2) The executive director of the regional planning commission of the area in which the
municipality is located.
(3) The Department of Housing and Community Development within the Agency of Commerce
and Community Development.
(f) Any of the bodies identified in subsection (e) of this section, or their representatives,
may submit comments on the proposed bylaw, amendment, or repeal to the planning commission,
or may appear and be heard in any proceeding with respect to the adoption of the proposed
bylaw, amendment, or repeal.
(g) The planning commission may make revisions to a proposed bylaw, amendment, or repeal
and to the written report, and shall then submit the proposed bylaw, amendment, or
repeal and the written report to the legislative body of the municipality. However,
if requested by the legislative body or if a proposed amendment was supported by a
petition signed by not less than five percent of the voters of the municipality, the
planning commission shall promptly submit the amendment, with changes only to correct
technical deficiencies, to the legislative body of the municipality, together with
any recommendation or opinion it considers appropriate. Simultaneously with the submission,
the planning commission shall file with the clerk of the municipality a copy of the
proposed bylaw, amendment, or repeal, and the written report for public review.
(h) Upon adoption or amendment of a bylaw, the planning commission shall prepare an adoption
report in form and content provided by the Department of Housing and Community Development
that:
(1) confirms that zoning districts’ GIS data has been submitted to the Department and
that the data complies with the Vermont Zoning GIS Data Standard adopted pursuant
to 10 V.S.A. § 123;
(2) confirms that the complete bylaw has been uploaded to the Municipal Plan and Bylaw
Database;
(3) demonstrates conformity with sections 4412, 4413, and 4414 of this title; and
(4) provides information on the municipal application of subchapters 7 (bylaws), 9 (administration),
and 10 (panels) of this chapter for the Municipal Planning Data Center and the prospective
development of a statewide zoning atlas. (Added 2003, No. 115 (Adj. Sess.), § 100; amended 2017, No. 197 (Adj. Sess.), § 17; 2023, No. 47, § 5, eff. July 1, 2023.)
§ 4442. Adoption of bylaws and related regulatory tools; amendment or repeal
(a) Public hearings. Not less than 15 nor more than 120 days after a proposed bylaw, amendment, or repeal
is submitted to the legislative body of a municipality under section 4441 of this title, the legislative body shall hold the first of one or more public hearings, after
public notice, on the proposed bylaw, amendment, or repeal, and shall make copies
of the proposal and the written report of the planning commission available to the
public upon request. Failure to hold a hearing within the 120 days shall not invalidate
the adoption of the bylaw or amendment or the validity of any repeal.
(b) Amendment of proposal. The legislative body may make minor changes to the proposed bylaw, amendment, or repeal,
but shall not do so less than 14 days prior to the final public hearing. If the legislative
body at any time makes substantial changes in the concept, meaning, or extent of the
proposed bylaw, amendment, or repeal, it shall warn a new public hearing or hearings
under subsection (a) of this section. If any part of the proposal is changed, the
legislative body at least 10 days prior to the hearing shall file a copy of the changed
proposal with the clerk of the municipality and with the planning commission. The
planning commission shall amend the report prepared pursuant to subsection 4441(c) of this title to reflect the changes made by the legislative body and shall submit that amended
report to the legislative body at or prior to the public hearing.
(c) Routine adoption. A bylaw, bylaw amendment, or bylaw repeal shall be adopted by a majority of the members
of the legislative body at a meeting that is held after the final public hearing,
and shall be effective 21 days after adoption unless, by action of the legislative
body, the bylaw, bylaw amendment, or bylaw repeal is warned for adoption by the municipality
by Australian ballot at a special or regular meeting of the municipality.
(d) Petition for popular vote. Notwithstanding subsection (c) of this section, a vote by the legislative body on
a bylaw, amendment, or repeal shall not take effect if five percent of the voters
of the municipality petition for a meeting of the municipality to consider the bylaw,
amendment, or repeal, and the petition is filed within 20 days of the vote. In that
case, a meeting of the municipality shall be duly warned for the purpose of acting
by Australian ballot upon the bylaw, amendment, or repeal.
(e) Multipurpose hearings. Nothing contained in this chapter shall be construed to prohibit any public hearing
held under this chapter to be held for more than one purpose under this chapter. A
municipality may prepare and adopt a plan, one or more bylaws, and a capital budget
and program in the same proceedings. However, all the provisions of this chapter applicable
to each purpose of the hearing shall be complied with.
(f) Unorganized towns and gores. A bylaw, amendment, or repeal of a bylaw of an unorganized town or gore shall be adopted
by a majority of votes cast at a meeting of the regional planning commission in which
the unorganized town or gore is located at which a quorum is present. However, a bylaw,
amendment, or repeal of a bylaw of the unified towns and gores of Essex County, namely
Averill, Avery’s Gore, Ferdinand, Lewis, Warner’s Grant, and Warren’s Gore, shall
be adopted by the board of governors.
(g) Time for action. If the proposed bylaw, amendment, or repeal is not approved or rejected under subsection
(c) of this section within one year of the date of the final hearing of the planning
commission, it shall be considered disapproved unless five percent of the voters of
the municipality petition for a meeting of the municipality to consider the bylaw,
amendment, or repeal, and the petition is filed within 60 days of the end of that
year. In that case, a meeting of the municipality shall be duly warned for the purpose
of acting upon the bylaw, amendment, or repeal by Australian ballot. (Added 2003, No. 115 (Adj. Sess.), § 100; amended 2005, No. 30, § 2; 2005, No. 105 (Adj. Sess.), § 1, eff. April 5, 2006; 2007, No. 121 (Adj. Sess.), § 20; 2011, No. 155 (Adj. Sess.), § 15; 2023, No. 47, § 13, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 329, eff. July 1, 2024.)
§ 4443. Adoption, amendment, or repeal of capital budget and program
(a) Notwithstanding any other provision of this chapter, a capital budget and program
may be adopted, amended, or repealed by the legislative body of a municipality following
one or more public hearings, upon public notice, if a utility and facilities plan
as described in subdivision 4382(a)(4) of this title has been adopted by the legislative body in accordance with sections 4384 and 4385 of this title. A copy of the proposed capital budget and program shall be filed at least 15 days
prior to the final public hearing with the clerk of the municipality and the secretary
of the planning commission. The planning commission may submit a report on the proposal
to the legislative body prior to the public hearing.
(b) The capital budget and program, or its amendment or repeal, shall be adopted or rejected
by an act of the legislative body of a municipality promptly after the final public
hearing held under subsection (a) of this section. (Added 2003, No. 115 (Adj. Sess.), § 100.)
§ 4444. Public hearing notice for adoption, amendment, or repeal of bylaw and other regulatory
tools
(a) Any public notice required for public hearing under this subchapter shall be given
not less than 15 days prior to the date of the public hearing by:
(1) the publication of the date, place, and purpose of the hearing in a newspaper of general
circulation in the municipality affected;
(2) the posting of the same information in three or more public places within the municipality
in conformance with location requirements of 1 V.S.A. § 312(c)(2); and
(3) compliance with subsection (b) or (c) of this section.
(b) A municipality may complete public notice commenced under subsection (a) of this section
by publishing and posting the full text of the proposed material or by publishing
and posting the following:
(1) A statement of purpose.
(2) A map or description of the geographic areas affected.
(3) A table of contents or list of section headings.
(4) A description of a place within the municipality where the full text may be examined.
(c) As an alternative to the publication and posting provisions established under subsection
(b) of this section, a municipality may make reasonable effort to mail or deliver
copies of the full text or the material specified in subdivisions (b)(1) through (4)
of this section, together with the public hearing notice of the proposed material
and the public hearing notice to each voter, as evidenced by the voter checklist of
the municipality, and to each owner of land within the municipality, as evidenced
by the grand list of the municipality.
(d) No defect in the form or substance of any public hearing notice under this chapter
shall invalidate the adoption, amendment, or repeal of any plan, bylaw, or capital
budget and program. However, the action shall be invalidated if the notice is materially
misleading in content or fails to include one of the elements required by subsection
(b) of this section or if the defect was the result of a deliberate or intentional
act. (Added 2003, No. 115 (Adj. Sess.), § 100.)
§ 4445. Availability and distribution of documents
Current copies of plans, bylaws, and capital budgets and programs shall be available
to the public during normal business hours in the office of the clerk of any municipality
in which those plans, bylaws, or capital budgets or programs have been adopted. The
municipality shall provide all final adopted bylaws, amendments, or repeals to the
regional planning commission of the area in which the municipality is located and
to the Department of Commerce and Community Development, which may be done electronically,
provided the sender has proof of receipt. (Added 2003, No. 115 (Adj. Sess.), § 100; amended 2017, No. 197 (Adj. Sess.), § 18.)
§ 4445a. Repealed. 2003, No. 115 (Adj. Sess.), § 119(c).
§ 4446. Bylaws; effect of adoption
Within the jurisdiction of any municipality that has adopted any of the bylaws authorized
by this chapter, no land development may be undertaken or effected except in conformance
with those bylaws. Bylaws authorized by this chapter may specify for exclusion from
review any land development determined to impose no impact or merely a de minimus
impact on the surrounding area and the overall pattern of land development. (Added 2003, No. 115 (Adj. Sess.), § 100.)
§ 4447. Clerk’s certificate
A certificate of the clerk of a municipality showing the publication, posting, consideration,
and adoption or amendment of a plan, bylaw, or capital budget or program shall be
presumptive evidence of the facts as they relate to the lawful adoption or amendment
of that plan, bylaw, or capital budget or program, so stated in any action or proceeding
in court or before any board, commission, or other tribunal. (Added 2003, No. 115 (Adj. Sess.), § 100.)
§ 4448. Appointment and powers of administrative officer
(a) An administrative officer, who may hold any other office in the municipality other
than membership in the board of adjustment or development review board, shall be nominated
by the planning commission and appointed by the legislative body for a term of three
years promptly after the adoption of the first bylaws or when a vacancy exists. The
compensation of the administrative officer shall be fixed under sections 932 and 933 of this title, and the officer shall be subject to the personnel rules of the municipality adopted
under sections 1121 and 1122 of this title. The administrative officer shall administer the bylaws literally and shall not have
the power to permit any land development that is not in conformance with those bylaws.
An administrative officer may be removed for cause at any time by the legislative
body after consultation with the planning commission.
(b) The planning commission may nominate and the legislative body may appoint an acting
administrative officer who shall have the same duties and responsibilities as the
administrative officer in the administrative officer’s absence. If an acting administrative
officer position is established, or, for municipalities that establish the position
of assistant administrative officer, there shall be clear policies regarding the authority
of the administrative officer in relation to the acting or assistant officer.
(c) The administrative officer should provide an applicant with forms required to obtain
any municipal permit or other municipal authorization required under this chapter,
or under other laws or ordinances that relate to the regulation by municipalities
of land development. If other municipal permits or authorizations are required, the
administrative officer should coordinate a unified effort on behalf of the municipality
in administering its development review programs. The administrative officer should
inform any person applying for municipal permits or authorizations that the person
should contact the regional permit specialist employed by the Agency of Natural Resources
in order to assure timely action on any related State permits; nevertheless, the applicant
retains the obligation to identify, apply for, and obtain relevant State permits.
(d) If the administrative officer fails to act with regard to a complete application for
a permit within 30 days, whether by issuing a decision or by making a referral to
the appropriate municipal panel, a permit shall be deemed issued on the 31st day. (Added 2003, No. 115 (Adj. Sess.), § 100.)
§ 4449. Zoning permit, certificate of occupancy, and municipal land use permit
(a) Within any municipality in which any bylaws have been adopted:
(1) No land development may be commenced within the area affected by the bylaws without
a permit issued by the administrative officer. No permit may be issued by the administrative
officer except in conformance with the bylaws. When an application for a municipal
land use permit seeks approval of a structure, the administrative officer shall provide
the applicant with a copy of the applicable building energy standards under 30 V.S.A. §§ 51 (residential building energy standards) and 53 (commercial building energy standards).
However, the administrative officer need not provide a copy of the standards if the
structure is a sign or a fence or the application certifies that the structure will
not be heated or cooled. In addition, the administrative officer may provide a copy
of the Vermont Residential Building Energy Code Book published by the Department of
Public Service in lieu of the full text of the residential building energy standards.
(2) If the bylaws so adopted so provide, it shall be unlawful to use or occupy or permit
the use or occupancy of any land or structure, or part thereof, created, erected,
changed, converted, or wholly or partly altered or enlarged in its use or structure
after the effective date of this chapter, within the area affected by those bylaws,
until a certificate of occupancy is issued therefor by the administrative officer,
stating that the proposed use of the structure or land conforms to the requirements
of those bylaws. Provision of a certificate as required by 30 V.S.A. § 51 (residential building energy standards) or 53 (commercial building energy standards)
shall be a condition precedent to the issuance of any such certificate of occupancy.
(3) No permit issued pursuant to this section shall take effect until the time for appeal
in section 4465 of this title has passed, or in the event that a notice of appeal is properly filed, no such permit
shall take effect until adjudication of that appeal by the appropriate municipal panel
is complete and the time for taking an appeal to the Environmental Division has passed
without an appeal being taken. If an appeal is taken to the Environmental Division,
the permit shall not take effect until the Environmental Division rules in accordance
with 10 V.S.A. § 8504 on whether to issue a stay, or until the expiration of 15 days, whichever comes first.
(4) No municipal land use permit issued by an appropriate municipal panel or administrative
officer, as applicable, for a site plan or conditional use shall be considered abandoned
or expired unless more than two years have passed since the permit approval was issued.
(b) Each permit issued under this section shall contain a statement of the period of time
within which an appeal may be taken and shall require posting of a notice of permit
on a form prescribed by the municipality within view from the public right-of-way
most nearly adjacent to the subject property until the time for appeal in section 4465 of this title has passed. Within three days following the issuance of a permit, the administrative
officer shall:
(1) deliver a copy of the permit to the listers of the municipality; and
(2) post a copy of the permit in at least one public place in the municipality until the
expiration of 15 days from the date of issuance of the permit.
(c)(1) Within 30 days after a municipal land use permit has been issued or within 30 days
of the issuance of any notice of violation, the appropriate municipal official shall:
(A) deliver the original or a legible copy of the municipal land use permit or notice
of violation or a notice of municipal land use permit generally in the form set forth
in subsection 1154(c) of this title to the town clerk for recording as provided in subsection 1154(a) of this title; and
(B) file a copy of that municipal land use permit in the offices of the municipality in
a location where all municipal land use permits shall be kept.
(2) The municipal officer may charge the applicant for the cost of the recording fees
as required by law.
(d) If a public notice for a first public hearing pursuant to subsection 4442(a) of this title is issued under this chapter by the local legislative body with respect to the adoption
or amendment of a bylaw, or an amendment to an ordinance adopted under prior enabling
laws, the administrative officer, for a period of 150 days following that notice,
shall review any new application filed after the date of the notice under the proposed
bylaw or amendment and applicable existing bylaws and ordinances. If the new bylaw
or amendment has not been adopted by the conclusion of the 150-day period or if the
proposed bylaw or amendment is rejected, the permit shall be reviewed under existing
bylaws and ordinances. An application that has been denied under a proposed bylaw
or amendment that has been rejected or that has not been adopted within the 150-day
period shall be reviewed again, at no cost, under the existing bylaws and ordinances,
upon request of the applicant. Any determination by the administrative officer under
this section shall be subject to appeal as provided in section 4465 of this title.
(e) Beginning October 1, 2010, any application for an approval or permit and any approval
or permit issued under this section shall include a statement, in content and form
approved by the Secretary of Natural Resources, that State permits may be required
and that the permittee should contact State agencies to determine what permits must
be obtained before any construction may commence. (Added 2003, No. 115 (Adj. Sess.), § 100; amended 2009, No. 146 (Adj. Sess.), § F27; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 89, §§ 9, 11; 2021, No. 182 (Adj. Sess.), § 25, eff. July 1, 2022.)
§ 4450. Eligibility to apply for permits
Municipalities and solid waste management districts empowered to condemn property
or an interest in property may apply for any permit or approval required by any bylaws
adopted under this chapter. (Added 2003, No. 115 (Adj. Sess.), § 101.)
§ 4451. Enforcement; penalties
(a) Any person who violates any bylaw after it has been adopted under this chapter or
who violates a comparable ordinance or regulation adopted under prior enabling laws
shall be fined not more than $200.00 for each offense. No action may be brought under
this section unless the alleged offender has had at least seven days’ warning notice
by certified mail. An action may be brought without the seven-day notice and opportunity
to cure if the alleged offender repeats the violation of the bylaw or ordinance after
the seven-day notice period and within the next succeeding 12 months.
(1) The seven-day warning notice shall state that a violation exists, that the alleged
offender has an opportunity to cure the violation within the seven days, and that
the alleged offender will not be entitled to an additional warning notice for a violation
occurring after the seven days.
(2) A notice of violation issued under this chapter also shall state:
(A) the bylaw or municipal land use permit condition alleged to have been violated;
(B) the facts giving rise to the alleged violation;
(C) to whom appeal may be taken and the period of time for taking an appeal; and
(D) that failure to file an appeal within that period will render the notice of violation
the final decision on the violation addressed in the notice.
(3) In default of payment of the fine, the person, the members of any partnership, or
the principal officers of the corporation shall each pay double the amount of the
fine. Each day that a violation is continued shall constitute a separate offense.
All fines collected for the violation of bylaws shall be paid over to the municipality
whose bylaw has been violated.
(b) Any person who, being the owner or agent of the owner of any lot, tract, or parcel
of land, lays out, constructs, opens, or dedicates any street, sanitary sewer, storm
sewer, water main, or other improvements for public use, travel, or other purposes
or for the common use of occupants of buildings abutting thereon, or sells, transfers,
or agrees or enters into an agreement to sell any land in a subdivision or land development
whether by reference to or by other use of a plat of that subdivision or land development
or otherwise, or erects any structure on that land, unless a final plat has been prepared
in full compliance with this chapter and the bylaws adopted under this chapter and
has been recorded as provided in this chapter, shall be fined not more than $200.00,
and each lot or parcel so transferred or sold or agreed or included in a contract
to be sold shall be deemed a separate violation. All fines collected for these violations
shall be paid over to the municipality whose bylaw has been violated. The description
by metes and bounds in the instrument of transfer or other document used in the process
of selling or transferring shall not exempt the seller or transferor from these penalties
or from the remedies provided in this chapter. (Added 2003, No. 115 (Adj. Sess.), § 101; amended 2011, No. 155 (Adj. Sess.), § 3; 2013, No. 146 (Adj. Sess.), § 10, eff. May 27, 2014.)
§ 4452. Enforcement; remedies
If any street, building, structure, or land is or is proposed to be erected, constructed,
reconstructed, altered, converted, maintained, or used in violation of any bylaw adopted
under this chapter, the administrative officer shall institute in the name of the
municipality any appropriate action, injunction, or other proceeding to prevent, restrain,
correct, or abate that construction or use, or to prevent, in or about those premises,
any act, conduct, business, or use constituting a violation. A court action under
this section may be initiated in the Environmental Division, or as appropriate, before
the Judicial Bureau, as provided under section 1974a of this title. (Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 154 (Adj. Sess.), § 236.)
§ 4453. Challenges to housing provisions in bylaws
The Attorney General or a designee shall investigate when there is a complaint that
a bylaw or its manner of administration violates subdivision 4412(1) of this title, relating to equal treatment of housing and adequate provision of affordable housing.
Upon determining that a violation has occurred, the Attorney General may file an action
in the Environmental Division to challenge the validity of the bylaw or its manner
of administration. In this action, the municipality shall have the burden of proof
to establish by a preponderance of the evidence that the challenged bylaw or its manner
of administration does not violate the provisions of subdivision 4412(1) of this title. If the Division finds the bylaw or its administration to be in violation, it shall
grant the municipality a reasonable period of time to correct the violation and may
extend that time. If the violation continues after that time, the Division shall order
the municipality to grant all requested permits and certificates of occupancy for
housing relating to the area of continuing violation. (Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 154 (Adj. Sess.), § 236.)
§ 4454. Enforcement; limitations
(a) An action, injunction, or other enforcement proceeding relating to the failure to
obtain or comply with the terms and conditions of any required municipal land use
permit may be instituted under section 1974a, 4451, or 4452 of this title against the alleged offender if the action, injunction, or other enforcement proceeding
is instituted within 15 years from the date the alleged violation first occurred and
not thereafter, except that the 15-year limitation for instituting an action, injunction,
or enforcement proceeding shall not apply to any action, injunction, or enforcement
proceeding instituted for a violation of chapter 61, subchapter 10. The burden of
proving the date the alleged violation first occurred shall be on the person against
whom the enforcement action is instituted.
(b) No action, injunction, or other enforcement proceeding may be instituted to enforce
an alleged violation of a municipal land use permit that received final approval from
the applicable board, commissioner, or officer of the municipality after July 1, 1998,
unless the municipal land use permit or a notice of the permit generally in the form
provided for in subsection 1154(c) of this title was recorded in the land records of the municipality as required by subsection 4449(c) of this title.
(c) Nothing in this section shall prevent any action, injunction, or other enforcement
proceeding by a municipality under any other authority it may have, including a municipality’s
authority under Title 18, relating to the authority to abate or remove public health
risks or hazards.
(d)(1) As used in this section, “person” means any of the following:
(A) An individual, partnership, corporation, association, unincorporated organization,
trust, or other legal or commercial entity, including a joint venture or affiliated
ownership.
(B) A municipality or State agency.
(C) Individuals and entities affiliated with each other for profit, consideration, or
any other beneficial interest derived from real estate.
(2) The following individuals and entities shall be presumed not to be affiliated with
a person for the purpose of profit, consideration, or other beneficial interest within
the meaning of this section, unless there is substantial evidence of an intent to
evade the purposes of this section:
(A) A stockholder in a corporation shall be presumed not to be affiliated with a person
solely on the basis of being a stockholder if the stockholder owns, controls, or has
a beneficial interest in less than five percent of the outstanding shares in the corporation.
(B) An individual shall be presumed not to be affiliated with a person solely for actions
taken as an agent of another within the normal scope of duties of a court-appointed
guardian, licensed attorney, real estate broker or salesperson, engineer, or land
surveyor, unless the compensation received or beneficial interest obtained as a result
of these duties indicates more than an agency relationship.
(C) A seller or chartered lending institution shall be presumed not to be affiliated with
a person solely for financing all or a portion of the purchase price at rates not
substantially higher than prevailing lending rates in the community. (Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 93 (Adj. Sess.), § 3a.)
§ 4455. Revocation
On petition by the municipality and after notice and opportunity for hearing, the
Environmental Division may revoke a municipal land use permit issued under this chapter,
including a permit for a telecommunications facility, on a determination that the
permittee violated the terms of the permit or obtained the permit based on misrepresentation
of material fact. (Added 2009, No. 54, § 47, eff. June 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 236.)
-
Subchapter 010: APPROPRIATE MUNICIPAL PANELS
§ 4460. Appropriate municipal panels
(a) If a municipality establishes a development review board and appoints members to that
board, the development review board in that municipality, until its existence is terminated
by act of the legislative body, shall exercise all of the functions otherwise exercised
under this chapter by the board of adjustment. It also shall exercise the specified
development review functions otherwise exercised under this chapter by the planning
commission. In municipalities that have created development review boards, the planning
commission shall continue to exercise its planning and bylaw development functions
and other duties established under this chapter. In situations where this chapter
refers to functions that may be performed by a development review board or a planning
commission or functions that may be performed by a development review board or a board
of adjustment, it is intended that the function in question shall be performed by
the development review board if one exists and by the other specified body if a development
review board does not exist.
(b) The board of adjustment or the development review board for a rural town or an urban
municipality may consist of the members of the planning commission of that town or
may include one or more members of the planning commission. The board of adjustment
for a rural town or an urban municipality shall consist of not fewer than three nor
more than nine persons, as the legislative body of the municipality determines, appointed
by the legislative body of the municipality promptly after the first adoption of a
bylaw by the municipality. If the legislative body of a municipality creates a development
review board to perform all development review functions under this chapter, that
board shall consist of not fewer than five nor more than nine persons, as the legislative
body of the municipality determines, appointed by the legislative body of the municipality.
A municipality may not have a board of adjustment and a development review board at
the same time. Upon creation of a development review board, the existence of any board
of adjustment shall terminate.
(c) In the case of an urban municipality or of a rural town where the planning commission
does not serve as the board of adjustment or the development review board, members
of the board of adjustment or the development review board shall be appointed by the
legislative body, the number and terms of office of which shall be determined by the
legislative body subject to the provisions of subsection (b) of this section. The
municipal legislative body may appoint alternates to a planning commission, a board
of adjustment, or a development review board for a term to be determined by the legislative
body. Alternates may be assigned by the legislative body to serve on the planning
commission, the board of adjustment, or the development review board in situations
when one or more members of the board are disqualified or are otherwise unable to
serve. Vacancies shall be filled by the legislative body for the unexpired terms and
upon the expiration of such terms. Each member of a board of adjustment or a development
review board may be removed for cause by the legislative body upon written charges
and after public hearing. If a development review board is created, provisions of
this subsection regarding removal of members of the board of adjustment shall not
apply.
(d) A joint board of adjustment or development review board may be created upon the act
of each legislative body of those municipalities having joint planning commissions
as provided in section 4327 of this title. The joint board of adjustment or development review board for these participating
municipalities shall consist of persons who would have been the members of the board
of adjustment or development review board of each of those municipalities. Joint entities
created under this subsection may include a board of adjustment and a development
review board, if those different entities exist in the participating municipalities.
(e) The following review functions shall be performed by the appropriate municipal panel
authorized by a municipality as specified in the municipal bylaws and in accordance
with this chapter, whether a zoning board of adjustment, planning commission, or development
review board. Unless the matter is an appeal from the decision of the administrative
officer, the matter shall come before the panel by referral from the administrative
officer. Any such referral decision shall be appealable as a decision of the administrative
officer.
(1) review of right-of-way or easement for land development without frontage as authorized
in subdivision 4412(3) of this title;
(2) review of land development or use within an historic district or with respect to historic
landmarks as authorized in subdivision 4414(1)(F) of this title;
(3) review of land development or use within a design control district as authorized in
subdivision 4414(1)(E) of this title;
(4) review of proposed conditional uses as authorized in subdivision 4414(3) of this title;
(5) review of planned unit developments as authorized in section 4417 of this title;
(6) review of requests for waivers as authorized in subdivision 4414(9) of this title;
(7) site plan review as authorized in section 4416 of this title;
(8) review of proposed subdivisions as authorized in section 4418 of this title;
(9) review of wireless telecommunications facilities as authorized in subdivision 4414(12) of this title;
(10) appeals from a decision of the administrative officer pursuant to section 4465 of this title;
(11) review of requests for variances pursuant to section 4469 of this title;
(12) any other reviews required by the bylaws.
(f) Notwithstanding subsections (b) and (c) of this section, a municipality may vote at
an annual or special meeting to change the number of members that may be appointed
to a board of adjustment or development review board.
(1) The proposal to change the number of members serving on a board may be brought by
the legislative body or by petition of five percent of the voters of the municipality.
(2) If the number of members on a board is reduced, the members with the nearest expiration
of their term of office shall serve until the expiration of that term and then the
office shall terminate.
(g)(1) This subsection shall apply to a subdivision or development that:
(A) was previously permitted pursuant to 10 V.S.A. chapter 151;
(B) is located in a Tier 1A area pursuant to 10 V.S.A. § 6034; and
(C) has applied for a permit or permit amendment required by zoning regulations or bylaws
adopted pursuant to this subchapter.
(2) The appropriate municipal panel reviewing a municipal permit or permit amendment pursuant
to this subsection shall include conditions contained within a permit previously issued
pursuant to 10 V.S.A. chapter 151 unless the panel determines that the permit condition pertains to any of the following:
(A) the construction phase of the project that has already been constructed;
(B) compliance with another State permit that has independent jurisdiction;
(C) federal or State law that is no longer in effect or applicable;
(D) an issue that is addressed by municipal regulation and the project will meet the municipal
standards; or
(E) a physical or use condition that is no longer in effect or applicable or that will
no longer be in effect or applicable once the new project is approved.
(3) After issuing or amending a permit containing conditions pursuant to this subsection,
the appropriate municipal panel shall provide notice and a copy of the permit to the
Land Use Review Board.
(4) The appropriate municipal panel shall comply with the notice and hearing requirements
provided in subdivision 4464(a)(1) of this title. In addition, notice shall be provided to those persons requiring notice under 10 V.S.A. § 6084(b) and shall explicitly reference the existing Act 250 permit.
(5) The appropriate municipal panel’s decision shall be issued in accordance with subsection 4464(b) of this title and shall include specific findings with respect to its determinations pursuant to
subdivision (2) of this subsection.
(6) Any final action by the appropriate municipal panel affecting a condition of a permit
previously issued pursuant to 10 V.S.A. chapter 151 shall be recorded in the municipal land records.
(h) Within a Tier 1A area, the appropriate municipal panel shall enforce any existing
permits issued under 10 V.S.A. chapter 151 that has not had its permit conditions transferred to a municipal permit pursuant
to subsection (g) of this section. (Added 2003, No. 115 (Adj. Sess.), § 103; amended 2013, No. 162 (Adj. Sess.), § 9; 2021, No. 157 (Adj. Sess.), § 5, eff. July 1, 2022; 2023, No. 181 (Adj. Sess.), § 33, eff. June 17, 2024.)
§ 4461. Development review procedures
(a) Meetings. An appropriate municipal panel shall elect its own officers and adopt rules of procedure,
subject to this section and other applicable State statutes, and shall adopt rules
of ethics with respect to conflicts of interest. Meetings of any appropriate municipal
panel shall be held at the call of the chairperson and at such times as the panel
may determine. The officers of the panel may administer oaths and compel the attendance
of witnesses and the production of material germane to any issue under review. All
meetings of the panel, except for deliberative and executive sessions, shall be open
to the public. The panel shall keep minutes of its proceedings, showing the vote of
each member upon each question, or, if absent or failing to vote, indicating this,
and shall keep records of its examinations and other official actions, all of which
shall be filed immediately in the office of the clerk of the municipality as a public
record. For the conduct of any hearing and the taking of any action, a quorum shall
be not less than a majority of the members of the panel, and any action of the panel
shall be taken by the concurrence of a majority of the panel.
(b) Information gathering and record of participation by interested persons. An appropriate municipal panel in connection with any proceeding under this chapter
may examine or cause to be examined any property, maps, books, or records bearing
upon the matters concerned in that proceeding, may require the attendance of any person
having knowledge in the premises, may take testimony and require proof material for
its information, and may administer oaths or take acknowledgment in respect of those
matters. Any of the powers granted to an appropriate municipal panel by this subsection
may be delegated by it to a specifically authorized agent or representative, except
in situations where the Municipal Administrative Procedure Act applies. In any hearing,
there shall be an opportunity for each person wishing to achieve status as an interested
person under subsection 4465(b) of this title to demonstrate that the criteria set forth in that subsection are met, and the panel
shall keep a written record of the name, address, and participation of each of these
persons.
(c) Expenditures for service. An appropriate municipal panel may employ or contract for secretaries, clerks, legal
counsel, consultants, and other technical and clerical services. All members of an
appropriate municipal panel may be compensated for the performance of their duties
and may be reimbursed by their municipality for necessary and reasonable expenses. (Added 2003, No. 115 (Adj. Sess.), § 104.)
§ 4462. Combined review
If more than one type of review is required for a project, the reviews, to the extent
feasible, shall be conducted concurrently. A process defining the sequence of review
and issuance of decisions shall be defined in the bylaw. (Added 2003, No. 115 (Adj. Sess.), § 104.)
§ 4463. Subdivision review
(a) Approval of plats. Before a plat for a major subdivision is approved, a public hearing on the plat shall
be held by the appropriate municipal panel after public notice. A bylaw may provide
for the administrative officer to approve minor subdivisions. A copy of the notice
shall be sent to the clerk of an adjacent municipality, in the case of a plat located
within 500 feet of a municipal boundary, at least 15 days prior to the public hearing.
(b) Plat; record. The approval of the appropriate municipal panel or administrative officer, if the
bylaws provide for their approval of minor subdivisions, shall expire 180 days from
that approval or certification unless, within that 180-day period, that plat shall
have been duly filed or recorded in the office of the clerk of the municipality. After
an approved plat or certification by the clerk is filed, no expiration of that approval
or certification shall be applicable.
(1) The bylaw may allow the administrative officer to extend the date for filing the plat
by an additional 90 days if final local or State permits or approvals are still pending.
(2) No plat showing a new street or highway may be filed or recorded in the office of
the clerk of the municipality until it has been approved by the appropriate municipal
panel, or administrative officer if allowed under the bylaws, pursuant to subsection
(a) of this section, and that approval is endorsed in writing on the plat, or the
certificate of the clerk of the municipality showing the failure of the appropriate
municipal panel to take action within the 45-day period is attached to the plat and
filed or recorded with the plat. After that filing or recording, the plat shall be
a part of the official map of the municipality.
(c) Acceptance of streets; improvements. Every street or highway shown on a plat filed or recorded as provided in this chapter
shall be deemed to be a private street or highway until it has been formally accepted
by the municipality as a public street or highway by ordinance or resolution of the
legislative body of the municipality. No public municipal street, utility, or improvement
may be constructed by the municipality in or on any street or highway until it has
become a public street or highway as provided in this section. The legislative body
shall have authority after a public hearing on the subject to name and rename all
public streets and to number and renumber lots so as to provide for existing as well
as future structures.
(d) Beginning October 1, 2010, any application for an approval and any approval issued
under this section shall include a statement, in content and form approved by the
Secretary of Natural Resources, that State permits may be required and that the permittee
should contact State agencies to determine what permits must be obtained before any
construction may commence.
(e) Whenever a proposed subdivision is adjacent to a State highway, the application for
subdivision approval shall include a letter from the Agency of Transportation confirming
that the Agency has reviewed the proposed subdivision and determined whether a permit
is required under 19 V.S.A. § 1111. If the Agency determines that a permit for the proposed subdivision is required
under 19 V.S.A. § 1111, then the letter from the Agency shall set out any conditions that the Agency proposes
to attach to the permit required under 19 V.S.A. § 1111. (Added 2003, No. 115 (Adj. Sess.), § 104; amended 2009, No. 146 (Adj. Sess.), § F28; 2021, No. 55, § 37; 2023, No. 47, § 7, eff. July 1, 2023.)
§ 4464. Hearing and notice requirements; decisions and conditions; administrative review;
role of advisory commissions in development review
(a) Notice procedures. All development review applications before an appropriate municipal panel under procedures
set forth in this chapter shall require notice as follows.
(1) A warned public hearing shall be required for conditional use review, variances, administrative
officer appeals, and final plat review for subdivisions. Any public notice for a warned
public hearing shall be given not less than 15 days prior to the date of the public
hearing by all the following:
(A) Publication of the date, place, and purpose of the hearing in a newspaper of general
circulation in the municipality affected.
(B) Posting of the same information in three or more public places within the municipality
in conformance with location requirements of 1 V.S.A. § 312(c)(2), including posting within view from the public right-of-way most nearly adjacent
to the property for which an application is made.
(C) Written notification to the applicant and to owners of all properties adjoining the
property subject to development, including the owners of properties which would be
contiguous to the property subject to development but for the interposition of a highway
or other public right-of-way and, in any situation in which a variance is sought regarding
setbacks from a State highway, also including written notification to the Secretary
of Transportation. The notification shall include a description of the proposed project
and shall be accompanied by information that clearly informs the recipient where additional
information may be obtained, and that participation in the local proceeding is a prerequisite
to the right to take any subsequent appeal.
(2) Public notice for hearings on all other types of development review, including site
plan review, shall be given not less than seven days prior to the date of the public
hearing, and shall include at a minimum all the following:
(A) Posting of the date, place, and purpose of the hearing in three or more public places
within the municipality in conformance with the time and location requirements of
1 V.S.A. § 312(c)(2).
(B) Written notification to the applicant and to the owners of all properties adjoining
the property subject to development, including the owners of properties which would
be contiguous to the property subject to development but for the interposition of
a highway or other public right-of-way and, in any situation in which a variance is
sought regarding setbacks from a State highway, also including written notification
to the Secretary of Transportation. The notification shall include a description of
the proposed project and shall be accompanied by information that clearly informs
the recipient where additional information may be obtained, and that participation
in the local proceeding is a prerequisite to the right to take any subsequent appeal.
(3) The applicant may be required to bear the cost of the public warning and the cost
and responsibility of notification of adjoining landowners. The applicant may be required
to demonstrate proof of delivery to adjoining landowners either by certified mail,
return receipt requested, or by written notice hand delivered or mailed to the last
known address supported by a sworn certificate of service.
(4) The bylaw may also require public notice through other effective means such as a notice
board on a municipal website.
(5) No defect in the form or substance of any requirements in subdivision (1) or (2) of
this subsection shall invalidate the action of the appropriate municipal panel where
reasonable efforts are made to provide adequate posting and notice. However, the action
shall be invalid when the defective posting or notice was materially misleading in
content. If an action is ruled to be invalid by the Environmental Division or by the
applicable municipal panel itself, the action shall be remanded to the applicable
municipal panel to provide new posting and notice, hold a new hearing, and take a
new action.
(b) Decisions.
(1) Within 120 days of an application being deemed complete, the appropriate municipal
panel shall notice and warn a hearing on the application. The appropriate municipal
panel may recess the proceedings on any application pending submission of additional
information. The panel should close the evidence promptly after all parties have submitted
the requested information. The panel shall adjourn the hearing and issue a decision
within 45 days after the adjournment of the hearing, and failure of the panel to issue
a decision within this period shall be deemed approval and shall be effective on the
46th day. Decisions shall be issued in writing and shall include a statement of the
factual bases on which the appropriate municipal panel has made its conclusions and
a statement of the conclusions. The minutes of the meeting may suffice, provided the
factual bases and conclusions relating to the review standards are provided in conformance
with this subsection.
(2) In rendering a decision in favor of the applicant, the panel may attach additional
reasonable conditions and safeguards as it deems necessary to implement the purposes
of this chapter and the pertinent bylaws and the municipal plan then in effect. A
bylaw may provide for the conditioning of permit issuance on the submission of a bond,
escrow account, or other surety in a form acceptable to the legislative body of the
municipality to assure one or more of the following: the completion of the project,
adequate stabilization, or protection of public facilities that may be affected by
a project.
(3) Any decision shall be sent by certified mail within the period set forth in subdivision
(1) of this subsection to the applicant and the appellant in matters on appeal. Copies
of the decision shall also be mailed to every person or body appearing and having
been heard at the hearing and a copy of the decision shall be filed with the administrative
officer and the clerk of the municipality as a part of the public records of the municipality.
(4) Conditions may require that no zoning permit, except for any permits that may be required
for infrastructure construction, may be issued for an approved development unless
the streets and other required public improvements have been satisfactorily installed
in accordance with the approval decision and pertinent bylaws. In lieu of the completion
of the required public improvements, the appropriate municipal panel may require from
the owner for the benefit of the municipality a performance bond issued either by
a bonding or surety company approved by the legislative body or by the owner with
security acceptable to the legislative body in an amount sufficient to cover the full
cost of those new streets and required improvements on or in those streets or highways
and their maintenance for a period of two years after completion as is estimated by
the appropriate municipal panel or such municipal departments or officials as the
panel may designate. This bond or other security shall provide for, and secure to
the public, the completion of any improvements that may be required within the period
fixed in the subdivision bylaws for that completion and for the maintenance of those
improvements for a period of two years after completion.
(5) The legislative body may enter into an agreement governing any combination of the
timing, financing, and coordination of private or public facilities and improvements
in accordance with the terms and conditions of a municipal land use permit, provided
that agreement is in compliance with all applicable bylaws in effect.
(6) The performance bond required by this subsection shall run for a term to be fixed
by the appropriate municipal panel, but in no case for a longer term than three years.
However, with the consent of the owner, the term of that bond may be extended for
an additional period not to exceed three years. If any required improvements have
not been installed or maintained as provided within the term of the performance bond,
the bond shall be forfeited to the municipality and upon receipt of the proceeds of
the bond, the municipality shall install or maintain such improvements as are covered
by the performance bond.
(7)(A) A decision rendered by the appropriate municipal panel for a housing development or
the housing portion of a mixed-use development shall not:
(i) require a larger lot size than the minimum as determined in the municipal bylaws;
(ii) require more parking spaces than the minimum as determined in the municipal bylaws
and in section 4414 of this title;
(iii) limit the building size to less than that allowed in the municipal bylaws, including
reducing the building footprint or height;
(iv) limit the density of dwelling units to below that allowed in the municipal bylaws;
and
(v) otherwise disallow a development to abide by the minimum or maximum applicable municipal
standards.
(B) However, a decision may require adjustments to the applicable municipal standards
listed in subdivision (A) of this subdivision (7) if the panel or officer issues a
written finding stating:
(i) why the modification is necessary to comply with a prerequisite State or federal permit,
municipal permit, or a nondiscretionary standard in a bylaw or ordinance, including
requirements related to wetlands, setbacks, and flood hazard areas and river corridors;
and
(ii) how the identified restrictions do not result in an unequal treatment of housing or
an unreasonable exclusion of housing development otherwise allowed by the bylaws.
(c) Administrative review. In addition to the delegation of powers authorized under this chapter, any bylaws
adopted under this chapter may establish procedures under which the administrative
officer may review and approve new development and amendments to previously approved
development that would otherwise require review by an appropriate municipal panel.
If administrative review is authorized, the bylaws shall clearly specify the thresholds
and conditions under which the administrative officer classifies an application as
eligible for administrative review. The thresholds and conditions shall be structured
such that no new development shall be approved that results in a substantial impact
under any of the standards set forth in the bylaws. No amendment issued as an administrative
review shall have the effect of substantively altering any of the findings of fact
of the most recent approval. Any decision by an administrative officer under this
subsection may be appealed as provided in section 4465 of this title.
(d) Role of advisory commissions in development review. An advisory commission that has been established through section 4433 or chapter 118
of this title and that has been granted authority under the bylaws, by ordinance,
or by resolution of the legislative body to advise the appropriate municipal panel
or panels, applicants, and interested parties should perform the advisory function
in the following manner:
(1) The administrative officer shall provide a copy or copies of applications subject
to review by the advisory commission and all supporting information to the advisory
commission upon determination that the application is complete.
(2) The advisory commission may review the application and prepare recommendations on
each of the review standards within the commission’s purview for consideration by
the appropriate municipal panel at the public hearing on the application. The commission
or individual members of the commission may meet with the applicant, interested parties,
or both, conduct site visits, and perform other fact-finding that will enable the
preparation of recommendations.
(3) Meetings by the advisory commission on the application shall comply with the Open
Meeting Law, 1 V.S.A. chapter 5, subchapter 2, and the requirements of the commission’s rules of procedure, but shall
not be conducted as public hearings before a quasi-judicial body.
(4) The advisory commission’s recommendations may be presented in writing at or before
the public hearing of the appropriate municipal panel on the application, or may be
presented orally at the public hearing.
(5) If the advisory commission finds that an application fails to comply with one or more
of the review standards, it shall make every effort to inform the applicant of the
negative recommendations before the public hearing, giving the applicant an opportunity
to withdraw the application or otherwise prepare a response to the advisory committee’s
recommendations at the public hearing. Advisory commissions may also suggest remedies
to correct the deficiencies that resulted in the negative recommendations. (Added 2003, No. 115 (Adj. Sess.), § 104; amended 2007, No. 75, § 29; 2009, No. 154 (Adj. Sess.), § 236; 2023, No. 47, § 10, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 58, eff. June 17, 2024.)
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Subchapter 011: APPEALS
§ 4465. Appeals of decisions of the administrative officer
(a) An interested person may appeal any decision or act taken by the administrative officer
in any municipality by filing a notice of appeal with the secretary of the board of
adjustment or development review board of that municipality or with the clerk of that
municipality if no such secretary has been elected. This notice of appeal must be
filed within 15 days following the date of that decision or act, and a copy of the
notice of appeal shall be filed with the administrative officer.
(b) As used in this chapter, an “interested person” means any one of the following:
(1) A person owning title to property, or a municipality or solid waste management district
empowered to condemn it or an interest in it, affected by a bylaw, who alleges that
the bylaw imposes on the property unreasonable or inappropriate restrictions of present
or potential use under the particular circumstances of the case.
(2) The municipality that has a plan or a bylaw at issue in an appeal brought under this
chapter or any municipality that adjoins that municipality.
(3) A person owning or occupying property in the immediate neighborhood of a property
that is the subject of any decision or act taken under this chapter, who can demonstrate
a physical or environmental impact on the person’s interest under the criteria reviewed,
and who alleges that the decision or act, if confirmed, will not be in accord with
the policies, purposes, or terms of the plan or bylaw of that municipality.
(4) Any 20 persons who may be any combination of voters, residents, or real property owners
within a municipality listed in subdivision (2) of this subsection who, by signed
petition to the appropriate municipal panel of a municipality, the plan or a bylaw
of which is at issue in any appeal brought under this title, allege that any relief
requested by a person under this title, if granted, will not be in accord with the
policies, purposes, or terms of the plan or bylaw of that municipality. This petition
to the appropriate municipal panel must designate one person to serve as the representative
of the petitioners regarding all matters related to the appeal. For purposes of this
subdivision, an appeal shall not include the character of the area affected if the
project has a residential component that includes affordable housing.
(5) Any department and administrative subdivision of this State owning property or any
interest in property within a municipality listed in subdivision (2) of this subsection,
and the Agency of Commerce and Community Development of this State.
(c) In the exercise of its functions under this section, a board of adjustment or development
review board shall have the following powers, in addition to those specifically provided
for elsewhere in this chapter:
(1) To hear and decide appeals taken under this section, including where it is alleged
that an error has been committed in any order, requirement, decision, or determination
made by an administrative officer under this chapter in connection with the administration
or enforcement of a bylaw.
(2) To hear and grant or deny a request for a variance under section 4469 of this title. (Added 2003, No. 115 (Adj. Sess.), § 106; amended 2023, No. 47, § 6, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 59, eff. June 17, 2024.)
§ 4466. Notice of appeal
A notice of appeal shall be in writing and shall include the name and address of the
appellant, a brief description of the property with respect to which the appeal is
taken, a reference to the regulatory provisions applicable to that appeal, the relief
requested by the appellant, and the alleged grounds why the requested relief is believed
proper under the circumstances. (Added 2003, No. 115 (Adj. Sess.), § 106.)
§ 4467. [Reserved for future use.]
§ 4468. Hearing on appeal
The appropriate municipal panel shall set a date and place for a public hearing of
an appeal under this chapter that shall be within 60 days of the filing of the notice
of appeal under section 4465 of this title. The appropriate municipal panel shall give public notice of the hearing and shall
mail to the appellant a copy of that notice at least 15 days prior to the hearing
date. Any person or body empowered by section 4465 of this title to take an appeal with respect to that property at issue may appear and be heard
in person or be represented by an agent or attorney at the hearing. Any hearing held
under this section may be adjourned by the appropriate municipal panel from time to
time; provided, however, that the date and place of the adjourned hearing shall be
announced at the hearing. All hearings under this section shall be open to the public
and the rules of evidence applicable at these hearings shall be the same as the rules
of evidence applicable in contested cases in hearings before administrative agencies
as set forth in 3 V.S.A. § 810. (Added 2003, No. 115 (Adj. Sess.), § 106.)
§ 4469. Appeal; variances
(a) On an appeal under section 4465 or 4471 of this title or on a referral under subsection 4460(e) of this title in which a variance from the provisions of a bylaw or interim bylaw is requested
for a structure that is not primarily a renewable energy resource structure, the board
of adjustment or the development review board or the Environmental Division created
under 4 V.S.A. chapter 27 shall grant variances and render a decision in favor of the appellant, if all the
following facts are found, and the finding is specified in its decision:
(1) There are unique physical circumstances or conditions, including irregularity, narrowness,
or shallowness of lot size or shape, or exceptional topographical or other physical
conditions peculiar to the particular property, and that unnecessary hardship is due
to these conditions, and not the circumstances or conditions generally created by
the provisions of the bylaw in the neighborhood or district in which the property
is located.
(2) Because of these physical circumstances or conditions, there is no possibility that
the property can be developed in strict conformity with the provisions of the bylaw,
and that the authorization of a variance is therefore necessary to enable the reasonable
use of the property.
(3) Unnecessary hardship has not been created by the appellant.
(4) The variance, if authorized, will not alter the essential character of the neighborhood
or district in which the property is located, substantially or permanently impair
the appropriate use or development of adjacent property, reduce access to renewable
energy resources, or be detrimental to the public welfare.
(5) The variance, if authorized, will represent the minimum variance that will afford
relief and will represent the least deviation possible from the bylaw and from the
plan.
(b) On an appeal under section 4465 or 4471 of this title in which a variance from the provisions of a bylaw or interim bylaw is requested
for a structure that is primarily a renewable energy resource structure, the board
of adjustment or development review board or the Environmental Division may grant
that variance and render a decision in favor of the appellant if all the following
facts are found, and the finding is specified in its decision:
(1) It is unusually difficult or unduly expensive for the appellant to build a suitable
renewable energy resource structure in conformance with the bylaws.
(2) The hardship was not created by the appellant.
(3) The variance, if authorized, will not alter the essential character of the neighborhood
or district in which the property is located, substantially or permanently impair
the appropriate use or development of adjacent property, reduce access to renewable
energy resources, or be detrimental to the public welfare.
(4) The variance, if authorized, will represent the minimum variance that will afford
relief and will represent the least deviation possible from the bylaws and from the
plan.
(c) In rendering a decision in favor of an appellant under this section, a board of adjustment
or development review board or the Environmental Division may attach such conditions
to variances as it may consider necessary and appropriate under the circumstances
to implement the purposes of this chapter and the plan of the municipality then in
effect.
(d) A variance authorized in a flood hazard area shall meet applicable federal and State
rules for compliance with the National Flood Insurance Program. (Added 2003, No. 115 (Adj. Sess.), § 106; amended 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 138 (Adj. Sess.), § 14, eff. May 14, 2012.)
§ 4470. Successive appeals; requests for reconsideration to an appropriate municipal panel
(a) An appropriate municipal panel may reject an appeal or request for reconsideration
without hearing and render a decision, which shall include findings of fact, within
10 days of the date of filing of the notice of appeal, if the appropriate municipal
panel considers the issues raised by the appellant in the appeal have been decided
in an earlier appeal or involve substantially or materially the same facts by or on
behalf of that appellant. The decision shall be rendered, on notice given, as in the
case of a decision under subdivision 4464(b)(3) of this title, and shall constitute a decision of the appropriate municipal panel for the purpose
of section 4471 of this title.
(b) A municipality shall enforce all decisions of its appropriate municipal panels, and
further, the Superior Court’s Civil or Environmental Division shall enforce such decisions
upon petition, complaint, or appeal or other means in accordance with the laws of
this State by such municipality or any interested person by means of mandamus, injunction,
process of contempt, or otherwise. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1993, No. 232 (Adj. Sess.), § 20, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 107; 2009, No. 154 (Adj. Sess.), § 236.)
§ 4470a. Misrepresentation; material fact
An administrative officer or appropriate municipal panel may reject an application
under this chapter, including an application for a telecommunications facility, that
misrepresents any material fact. After notice and opportunity for hearing in compliance
with 3 V.S.A. § 809, an appropriate municipal panel may award reasonable attorney’s fees and costs to
any party or person who may have become a party but for the false or misleading information
or who has incurred attorney’s fees or costs in connection with the application. (Added 2009, No. 54, § 48, eff. June 1, 2009.)
§ 4471. Appeal to Environmental Division
(a) Participation required. An interested person who has participated in a municipal regulatory proceeding authorized
under this title may appeal a decision rendered in that proceeding by an appropriate
municipal panel to the Environmental Division. Participation in a local regulatory
proceeding shall consist of offering, through oral or written testimony, evidence
or a statement of concern related to the subject of the proceeding. An appeal from
a decision of the appropriate municipal panel, or from a decision of the municipal
legislative body under subsection 4415(d) of this title, shall be taken in such manner as the Supreme Court may by rule provide for appeals
from State agencies governed by 3 V.S.A. §§ 801-816, unless the decision is an appropriate municipal panel decision which the municipality
has elected to be subject to review on the record.
(b) Appeal on the record. If the municipal legislative body has determined (or been instructed by the voters)
to provide that appeals of certain appropriate municipal panel determinations shall
be on the record, has defined what magnitude or nature of development proposal shall
be subject to the production of an adequate record by the panel, and has provided
that the Municipal Administrative Procedure Act shall apply in these instances, then
an appeal from such a decision of an appropriate municipal panel shall be taken on
the record in accordance with the Vermont Rules of Civil Procedure.
(c) Notice. Notice of the appeal shall be filed by certified mailing, with fees, to the Environmental
Division and by mailing a copy to the municipal clerk or the administrative officer,
if so designated, who shall supply a list of interested persons to the appellant within
five working days. Upon receipt of the list of interested persons, the appellant shall,
by certified mail, provide a copy of the notice of appeal to every interested person,
and, if any one or more of those persons are not then parties to the appeal, upon
motion they shall be granted leave by the Division to intervene.
(d) Local Act 250 review. Notwithstanding the provisions of subsection (a) of this section, decisions of a development
review board under section 4420 of this title, with respect to local Act 250 review of municipal impacts, are not subject to appeal,
but shall serve as presumptions under the provisions of 10 V.S.A. chapter 151.
(e) Designated areas. Notwithstanding subsection (a) of this section, a determination by an appropriate
municipal panel that a residential development will not result in an undue adverse
effect on the character of the area affected shall not be subject to appeal if the
a proposed residential development seeking conditional use approval under subdivision 4414(3) of this title is within a designated downtown development district, designated growth center, or
designated neighborhood development area. Other elements of the determination made
by the appropriate municipal panel may be appealed. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 185 (Adj. Sess.), § 205, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 232 (Adj. Sess.), § 48, eff. March 15, 1995; 1999, No. 112 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 107; 2007, No. 176 (Adj. Sess.), § 9, eff. May 28, 2008; 2009, No. 154 (Adj. Sess.), § 236; 2015, No. 51, § F.6; 2023, No. 47, § 9, eff. July 1, 2023.)
§ 4472. Exclusivity of remedy; finality
(a) Except as provided in subsections (b) and (c) of this section, the exclusive remedy
of an interested person with respect to any decision or act taken, or any failure
to act, under this chapter or with respect to any one or more of the provisions of
any plan or bylaw shall be the appeal to the appropriate panel under section 4465 of this title, and the appeal to the Environmental Division from an adverse decision upon such
appeal under section 4471 of this title. The appeal to the Environmental Division, if not on the record, as allowed under
section 4471 of this title, shall be governed by the Vermont Rules of Civil Procedure and such interested person
shall be entitled to a de novo trial in the Environmental Division. If the appeal
to the Environmental Division is on the record, according to the provisions of section 4471 of this title, it shall be governed by the Vermont Rules of Civil Procedure. Whether proceeding
on the record or de novo, the court shall have and may exercise all powers and authorities
of a Superior Court.
(b) The remedy of an interested person with respect to the constitutionality of any one
or more of the provisions of any bylaw or municipal plan shall be governed by the
Vermont Rules of Civil Procedure with a de novo trial in the Superior Court, unless
the issue arises in the context of another case under this chapter, in which instance
it may be raised in the Environmental Division. In such cases, hearings before the
appropriate municipal panel shall not be required. This section shall not limit the
authority of the Attorney General to bring an action before the Environmental Division
under section 4453 of this title, with respect to challenges to housing provisions in bylaws.
(c) The provisions of this section shall not be construed as preventing appeals to the
Supreme Court in accordance with the Vermont Rules of Civil Procedure and the Vermont
Rules of Appellate Procedure.
(d) Upon the failure of any interested person to appeal to an appropriate municipal panel
under section 4465 of this title, or to appeal to the Environmental Division under section 4471 of this title, all interested persons affected shall be bound by that decision or act of that officer,
the provisions, or the decisions of the panel, as the case may be, and shall not thereafter
contest, either directly or indirectly, the decision or act, provision, or decision
of the panel in any proceeding, including any proceeding brought to enforce this chapter. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 255 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 261, (Adj. Sess.), § 8, 1993, No. 232 (Adj. Sess.), § 49, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 107; 2009, No. 154 (Adj. Sess.), § 236.)
§ 4473. Purpose; limitation
It is the purpose of this chapter to provide for review of all questions arising out
of or with respect to the implementation by a municipality of this chapter. Except
as specifically provided herein, no board of adjustment or development review board
may amend, alter, invalidate, or affect any development plan or bylaw of any municipality
or the implementation or enforcement thereof, or allow any use not permitted by any
zoning regulations or other bylaw. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 255, § 4, eff. April 11, 1974; 1993, No. 232 (Adj. Sess.), § 21, eff. March 15, 1995.)
§ 4474. Clerk’s certificate
A certificate of the clerk of a municipality showing the publication, posting, consideration,
and adoption of a plan, bylaw, capital budget, or program or amendment thereof shall
be presumptive evidence of the facts as they relate to the lawful adoption of said
plan, bylaw, capital budget, or program or amendment thereof, so stated in any action
or proceeding in court or before any board, commission, or other tribunal. (Added 1973, No. 261 (Adj. Sess.), § 9; amended 1975, No. 164 (Adj. Sess.), § 10.)
§ 4475. Repealed. 2003, No. 115 (Adj. Sess.), § 119(c).
§ 4476. Formal review of regional planning commission decisions
(a) Formal review. A request for formal review of the sufficiency of an adopted regional plan or amendment,
or for formal review of the decision of a regional planning commission with respect
to the confirmation of a municipal planning effort, or the decision relating to approval
of a municipal plan, shall be to the regional review panel created under section 4305 of this title. A request for formal review shall be filed within 21 days of adoption of the plan
or amendment or the decision.
(b) Standing. The following have standing to request formal review or become parties to formal review
conducted under this section:
(1) a person owning title to property affected by a decision of the regional planning
commission who alleges that that decision imposes on that property unreasonable or
inappropriate restrictions that significantly impair present or potential use under
the particular circumstances of the case;
(2) a municipality whose planning effort is the subject of a decision by the regional
planning commission, any other municipality within the region, any municipality which
adjoins the region, or a regional planning commission which adjoins the region;
(3) any agency, department, or other governmental subdivision of the State owning property
or an interest therein within a municipality listed in subdivision (2) of this subsection,
and the Agency of Commerce and Community Development;
(4) any 20 persons who by signed petition allege that the decision, if confirmed, will
not be in accord with the requirements of this chapter, and who own or occupy real
property located within any combination of the following:
(A) any municipality whose planning effort is the subject of the decision by the regional
planning commission; or
(B) any municipality which adjoins a municipality whose planning effort is subject of
the decision by the regional planning commission;
(5) with respect to the sufficiency of an adopted or amended regional plan, any 20 persons
who by signed petition allege that the plan or amendment is not in accord with the
requirements of this chapter, and who own or occupy real property located within the
area that includes the region and the municipalities that adjoin the region;
(6) the regional planning commission whose plan, amendment, or decision is the subject
of the request for formal review.
(c) Procedure; regional review panel. Notice of formal review shall be sent by mail to the municipalities within the region,
to the regional planning commission, and to the Agency of Commerce and Community Development
and shall be accompanied by a statement of all reasons why the appellant believes
the plan or opinion to be in error and all issues which the appellant believes to
be relevant. Within 30 days of receipt of the notice of formal review, the date for
a hearing shall be set and the council shall publish notice of the hearing in a newspaper
of general circulation in the applicable region, and shall provide notice in writing
of the hearing to individuals and organizations that had requested notice from the
regional planning commission under section 4348 relating to the adoption of a regional
plan. The appellant shall pay the costs of publication. The hearing shall be held
within 45 days of receipt of the notice of formal review. Upon motion, for good cause
shown, the panel may extend the date of the hearing. Within 20 days of adjournment
of the hearing, the regional review panel shall issue a decision approving, conditionally
approving, or disapproving the regional plan or amendment or the opinion with respect
to confirmation of the municipal planning effort or approval of the municipal plan.
The regional review panel shall be governed by the provisions for contested cases
in 3 V.S.A. chapter 25.
(d) Issues on formal review.
(1) With respect to formal review of the sufficiency of an adopted or amended regional
plan, the regional review panel shall determine:
(A) whether the plan contains the elements required by law;
(B) whether the plan is compatible with the plans of adjoining regions; and
(C) whether the plan is consistent with the goals established in section 4302 of this title.
(2) With respect to formal review of a regional planning commission decision on the confirmation
of a municipal planning effort, the regional review panel shall determine:
(A) whether the municipality is engaged in a continuing planning process that, within
a reasonable time, will attain consistency with the goals established in section 4302 of this title; and
(B) whether the municipality is maintaining its efforts to provide local funds for municipal
and regional planning purposes.
(3) With respect to formal review of a regional planning commission decision on the approval
or disapproval of a municipal plan, the regional review panel shall determine:
(A) whether the plan is consistent with the goals established in section 4302 of this title;
(B) whether the plan is compatible with its regional plan; and
(C) whether the plan is compatible with approved plans of other municipalities in the
region.
(e) Stays.
(1) The filing of a notice of formal review shall not stay the effect of the plan or the
decision of the regional planning commission, unless so ordered by the regional review
panel.
(2) If notice of formal review of the decision of a regional planning commission to approve
or disapprove a municipal plan is filed prior to final adoption of the plan, the regional
review panel shall stay formal review proceedings pending final adoption. The panel,
however, may proceed with formal review upon the request of the municipality whose
plan is the subject of the review.
(f) Appeal to Supreme Court. An appeal from a decision of the regional review panel shall be to the Supreme Court. (Added 1987, No. 200 (Adj. Sess.), § 33, eff. July 1, 1989; amended 1989, No. 280 (Adj. Sess.),§§ 11, 11a; 1995, No. 190 (Adj. Sess.), § 1(a).)