The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
001
:
CONSERVATION, DEVELOPMENT, AND USE OF NATURAL RESOURCES
(Cite as: 10 V.S.A. § 731)
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§ 731. Failure to observe land-use ordinance; conferences
(a) In the event that the supervisors of a district find that the provisions of a land-use
ordinance adopted according to the provisions of this chapter are not being observed
on particular lands, and that such nonobservance tends substantially to increase erosion
on such lands and substantially interferes with the prevention or control of erosion
or conservation of natural resources on other lands within the district, the supervisors
may summon the owner of the land to appear before them to discuss the failure of the
owner to observe the rules, and to perform particular work, operations, or avoidances
as required by ordinance of the district, when the nonobservance tends substantially
to increase erosion on the lands and substantially interferes with the prevention
or control of erosion or conservation of natural resources on other lands within the
district.
(b) By conference thus summoned, the supervisors and the owner of land not observing the
ordinance adopted by the district, shall together make and sign a finding as to the
issues that are involved in the failure of the owner to observe the ordinance of the
district.
(c)(1) On the basis of such findings and if, after conference, it appears to the supervisors
that there are great practical difficulties or unnecessary hardship involved in the
full observance of the ordinance of the district, the supervisors shall endeavor to
work out a program with the owner, as shall be acceptable to the owner and shall enable
the owner to comply with the ordinance.
(2)(A) Alternatively, upon the basis of their findings, the supervisors may authorize such
variance from the ordinances in their application to the lands of the owner who has
not complied with the ordinance of the district, when such variance will relieve practical
difficulties or unnecessary hardship to that owner and when such variance is not contrary
to public interest and is in accordance with the purpose of land use regulations.
(B) The supervisors may request the landowner not complying with an ordinance to sign
a stipulation setting forth the conditions agreed upon by the landowner and supervisors
so that the practical difficulties or unnecessary hardship may be overcome and the
work proceed by the consent of such landowner upon the land.
(d) Nothing in this chapter shall be construed so as to make ineffective any remedies
available under the laws of the State. (Amended 1995, No. 163 (Adj. Sess.), § 12, eff. May 15, 1996; 2019, No. 14, § 24, eff. April 30, 2019; 2019, No. 61, § 13.)