The Vermont Statutes Online

Title 10 : Conservation and Development

Chapter 151 : State Land Use and Development Plans

Subchapter 001 : GENERAL PROVISIONS

• § 6001. Definitions

  As used in this chapter:

  (1) “Board” means the Land Use Review Board.

  (2) “Capability and Development Plan” means the Plan prepared pursuant to section 6042 of this title.

  (3)(A) “Development” means each of the following:

  (i) The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than 10 acres of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes in a municipality that has adopted permanent zoning and subdivision bylaws.

  (ii) The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than one acre of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes in a municipality that has not adopted permanent zoning and subdivision bylaws.

  (iii) The construction of improvements for commercial or industrial purposes on a tract or tracts of land, owned or controlled by a person, involving more than one acre of land within a municipality that has adopted permanent zoning and subdivision bylaws, if the municipality in which the proposed project is located has elected by ordinance, adopted under 24 V.S.A. chapter 59, to have this jurisdiction apply.

  (iv) The construction of housing projects such as cooperatives, condominiums, or dwellings, or construction or maintenance of mobile homes or mobile home parks, with 10 or more units, constructed or maintained on a tract or tracts of land, owned or controlled by a person, within a radius of five miles of any point on any involved land and within any continuous period of five years. However:

  (I) A priority housing project shall constitute a development under this subdivision (iv) only if the number of housing units in the project is:

  (aa) [Repealed.]

  (bb) [Repealed.]

  (cc) 75 or more, in a municipality with a population of 6,000 or more but less than 10,000.

  (dd) 50 or more, in a municipality with a population of less than 6,000.

  (ee) [Repealed.]

  (ff) Notwithstanding subdivisions (cc) through (ee) of this subdivision (3)(A)(iv)(I), 10 or more if the construction involves the demolition of one or more buildings that are listed on or eligible to be listed on the State or National Register of Historic Places. However, demolition shall not be considered to create jurisdiction under this subdivision (ff) if the Division for Historic Preservation has determined that the proposed demolition will have no adverse effect, will have no adverse effect if specified conditions are met, or will have an adverse effect that will be adequately mitigated. Any imposed conditions shall be enforceable through a grant condition, deed covenant, or other legally binding document.

  (II) The determination of jurisdiction over a priority housing project shall count only the housing units included in that discrete project.

  (III) Housing units in a priority housing project shall not count toward determining jurisdiction over any other project.

  (v) The construction of improvements on a tract of land involving more than 10 acres that is to be used for municipal, county, or State purposes. In computing the amount of land involved, land shall be included that is incident to the use, such as lawns, parking areas, roadways, leaching fields, and accessory buildings.

  [Subdivision (3)(A)(vi) effective until December 31, 2026; see also subdivision (3)(A)(vi) effective December 31, 2026 set out below.]

  (vi) The construction of improvements for commercial, industrial or residential use above the elevation of 2,500 feet.

  [Subdivision (3)(A)(vi) effective December 31, 2026; see also subdivision (3)(A)(vi) effective until December 31, 2026 set out above.]

  (vi) The construction of improvements for commercial, industrial, or residential use at or above the elevation of 2,500 feet.

  (vii) Exploration for fissionable source materials beyond the reconnaissance phase or the extraction or processing of fissionable source material.

  (viii) The drilling of an oil and gas well.

  (ix) Any support structure proposed for construction that is primarily for communication or broadcast purposes and that will extend vertically 20 feet or more above the highest point of an attached existing structure, or 50 feet or more above ground level in the case of a proposed new support structure, in order to transmit or receive communication signals for commercial, industrial, municipal, county, or State purposes, independently of the acreage involved.

  (I) Under this subdivision (ix):

  (aa) the word “development” shall also include the construction of improvements ancillary to the support structure, including buildings, broadcast or communication equipment, foundation pads, cables, wires, antennas or hardware, and all means of ingress and egress to the support structure; and

  (bb) the word “development” shall not include future improvements that are not ancillary to the support structure and do not involve an additional support structure, unless they would otherwise be considered a development under this subdivision (3).

  (II) The criteria and procedures for obtaining a permit for a development under this subdivision (ix) shall be the same as for any other development;

  (x) Any withdrawal of more than 340,000 gallons of groundwater per day from any well or spring on a single tract of land or at a place of business, independently of the acreage of the tract of land or place of business, if the withdrawal requires a permit under section 1418 of this title or is by a bottled water facility regulated under chapter 56 of this title.

  (xi) [Repealed.]

  [Subdivision (3)(A)(xii) effective until July 1, 2026.]

  (xii) The construction of a road or roads and any associated driveways to provide access to or within a tract of land owned or controlled by a person. For the purposes of determining jurisdiction under this subdivision, any new development or subdivision on a parcel of land that will be provided access by the road and associated driveways is land involved in the construction of the road.

  (I) Jurisdiction under this subdivision shall not apply unless the length of any single road is greater than 800 feet, or the length of all roads and any associated driveways in combination is greater than 2,000 feet.

  (II) As used in this subdivision (xii), “roads” include any new road or improvement to a class 4 town highway by a person other than a municipality, including roads that will be transferred to or maintained by a municipality after their construction or improvement. Routine maintenance and minor repairs of a Class 4 highway shall not constitute an “improvement.” Routine maintenance shall include replacing a culvert or ditch, applying new stone, grading, or making repairs after adverse weather. Routine maintenance shall not include changing the size of the road, changing the location or layout of the road, or adding pavement.

  (III) For the purpose of determining the length of any road and associated driveways, the length of all other roads and driveways within the tract of land constructed after July 1, 2026 shall be included.

  (IV) This subdivision (xii) shall not apply to:

  (aa) a State or municipal road, a utility corridor of an electric transmission or distribution company, or a road used primarily for farming or forestry purposes;

  (bb) development within a Tier 1A area established in accordance with section 6034 of this title or a Tier 1B area established in accordance with section 6033 of this title; and

  (cc) improvements underway when this section takes effect to a Class 4 highway that will be transferred to the municipality.

  (V) The conversion of a road used for farming or forestry purposes that also meets the requirements of this subdivision (xii) shall constitute development.

  (VI) The intent of this subdivision (xii) is to encourage the design of clustered subdivisions and development that does not fragment Tier 2 areas or Tier 3 areas.

  [Subdivision (3)(A)(xiii) effective December 31, 2026.]

  (xiii) The construction of improvements for commercial, industrial, or residential purposes in a Tier 3 area as determined by rules adopted by the Board.

  (B) [Repealed.]

  (C) For the purposes of determining jurisdiction under subdivision (3)(A) of this section, the following shall apply:

  (i)-(iii) [Repealed.]

  (iv) In the case of a project undertaken by a railroad, no portion of a railroad line or railroad right-of-way that will not be physically altered as part of the project shall be included in computing the amount of land involved. In the case of a project undertaken by a person to construct a rail line or rail siding to connect to a railroad’s line or right-of-way, only the land used for the rail line or rail siding that will be physically altered as part of the project shall be included in computing the amount of land involved.

  (v) Notwithstanding subdivisions (3)(A)(iv) and (19) of this section, jurisdiction shall be determined exclusively by counting affordable housing units, as defined by this section, that are subject to housing subsidy covenants as defined in 27 V.S.A. § 610 that preserve their affordability for a period of 99 years or longer, provided the affordable housing units are located in a discrete project on a single tract or multiple contiguous tracts of land, regardless of whether located within an area designated under 24 V.S.A. chapter 76A.

  (D) The word “development” does not include:

  (i) The construction of improvements for farming, logging, or forestry purposes below the elevation of 2,500 feet.

  (ii) The construction of improvements for an electric generation, energy storage, or transmission facility that requires a certificate of public good under 30 V.S.A. § 248 or is subject to regulation under 30 V.S.A. § 8011; a natural gas facility as defined in 30 V.S.A. § 248(a)(3); or a telecommunications facility issued a certificate of public good under 30 V.S.A. § 248a.

  (iii) [Repealed.]

  (iv) The construction of improvements for agricultural fairs that are registered with the Agency of Agriculture, Food and Markets and that are open to the public for 60 days per year or fewer, provided that, if the improvement is a building, the building was constructed prior to January 1, 2011 and is used solely for the purposes of the agricultural fair.

  (v) The construction of improvements for the exhibition or showing of equines at events that are open to the public for 60 days per year or fewer, provided that any improvements constructed do not include one or more buildings.

  (vi) The construction of improvements for any one of the actions or abatements authorized in subdivision (I) of this subdivision (vi):

  (I)(aa) a remedial or removal action for which the Secretary of Natural Resources has authorized disbursement under section 1283 of this title;

  (bb) abating a release or threatened release, as directed by the Secretary of Natural Resources under section 6615 of this title;

  (cc) a remedial or removal action directed by the Secretary of Natural Resources under section 6615 of this title;

  (dd) a corrective action authorized in a corrective action plan approved by the Secretary of Natural Resources under section 6615b of this title;

  (ee) a corrective action authorized in a corrective action plan approved by the Secretary of Natural Resources under chapter 159, subchapter 3 of this title;

  (ff) the management of “development soils,” as that term is defined in 10 V.S.A. § 6602(39), under a plan approved by the Secretary of Natural Resources under section 6604c of this title.

  (II) The exemption provided by this subdivision (3)(D)(vi) shall not apply to subsequent development.

  (vii) The construction of improvements below the elevation of 2,500 feet for the on-site storage, preparation, and sale of compost, provided that one of the following applies:

  (I) The compost is produced from no more than 100 cubic yards of material per year.

  (II) The compost is principally produced from inputs grown or produced on the farm.

  (III) The compost is principally used on the farm where it was produced.

  (IV) The compost is produced on a farm primarily used for the raising, feeding, or management of livestock, only from:

  (aa) manure produced on the farm; and

  (bb) unlimited clean, dry, high-carbon bulking agents from any source.

  (V) The compost is produced on a farm primarily used for the raising, feeding, or management of livestock, only from:

  (aa) manure produced on the farm;

  (bb) up to 2,000 cubic yards per year of organic inputs allowed under the Agency of Natural Resources’ acceptable management practices, including food residuals or manure from off the farm, or both; and

  (cc) unlimited clean, dry, high-carbon bulking agents from any source.

  (VI) The compost is produced on a farm primarily used for the cultivation or growing of food, fiber, horticultural, or orchard crops, that complies with the Agency of Natural Resources’ solid waste management rules, only from up to 5,000 cubic yards per year of total organic inputs allowed under the Agency of Natural Resources’ acceptable management practices, including up to 2,000 cubic yards per year of food residuals.

  (viii)(I) The construction of a priority housing project in a municipality with a population of 10,000 or more.

  (II) If the construction of a priority housing project in this subdivision (3)(D)(viii) involves demolition of one or more buildings that are listed or eligible to be listed on the State or National Register of Historic Places, this exemption shall not apply unless the Division for Historic Preservation has made the determination described in subdivision (A)(iv)(I)(ff) of this subdivision (3) and any imposed conditions are enforceable in the manner set forth in that subdivision.

  (III) Notwithstanding any other provision of law to the contrary, until January 1, 2027, the construction of a priority housing project located entirely within areas of a designated downtown development district, designated neighborhood development area, or a designated growth center or within one-half mile around such designated center with permanent zoning and subdivision bylaws served by public sewer or water services or soils that are adequate for wastewater disposal. For purposes of this subdivision (III), in order for a parcel to qualify for the exemption, at least 51 percent of the parcel shall be located within one-half mile of the designated center boundary. If the one-half mile around the designated center extends into an adjacent municipality, the legislative body of the adjacent municipal may inform the Board that it does not want the exemption to extend into that area.

  (E) When development is proposed to occur on a parcel or tract of land that is devoted to farming activity as defined in subdivision (22) of this section, only those portions of the parcel or the tract that support the development shall be subject to regulation under this chapter. Permits issued under this chapter shall not impose conditions on other portions of the parcel or tract of land that do not support the development and that restrict or conflict with required agricultural practices adopted by the Secretary of Agriculture, Food and Markets. Any portion of the tract that is used to produce compost ingredients for a composting facility located elsewhere on the tract shall not constitute land that supports the development unless it is also used for some other purpose that supports the development.

  (4) “District Commission” means the District Environmental Commission.

  (5) “Endangered species” means those species the taking of which is prohibited under rules adopted under chapter 123 of this title.

  (6) “Flood hazard area” has the same meaning as under section 752 of this title.

  (7) “River corridor” has the same meaning as under section 752 of this title.

  (8) “Productive forest soils” means those soils that are not primary agricultural soils but that have a reasonable potential for commercial forestry and that have not been developed. In order to qualify as productive forest soils, the land containing such soils shall be of a size and location, relative to adjoining land uses, natural condition, and ownership patterns, so that those soils will be capable of supporting or contributing to a commercial forestry operation. Land use on those soils may include commercial timber harvesting and specialized forest uses, such as maple sugar or Christmas tree production.

  (9) “Historic site” means any site, structure, district, or archeological landmark that has been officially included in the National Register of Historic Places or the State Register of Historic Places, or both, or that is established by testimony of the Vermont Advisory Council on Historic Preservation as being historically significant.

  (10) “Land use plan” means the plan prepared pursuant to section 6043 of this title.

  (11) “Lot” means any undivided interest in land, whether freehold or leasehold, including interests created by trusts, partnerships, corporations, cotenancies, and contracts.

  (12) “Necessary wildlife habitat” means concentrated habitat that is identifiable and is demonstrated as being decisive to the survival of a species of wildlife at any period in its life, including breeding and migratory periods.

  (13) “Plat” means a map or chart of a subdivision with surveyed lot lines and dimensions.

  (14)(A) “Person”:

  (i) shall mean an individual, partnership, corporation, association, unincorporated organization, trust, or other legal or commercial entity, including a joint venture or affiliated ownership;

  (ii) means a municipality or State agency;

  (iii) includes individuals and entities affiliated with each other for profit, consideration, or any other beneficial interest derived from the partition or division of land;

  (iv) includes an individual’s parents and children, natural and adoptive, and spouse, unless the individual establishes that he or she will derive no profit or consideration, or acquire any other beneficial interest from the partition or division of land by the parent, child, or spouse.

  (B) The following individuals and entities shall be presumed not to be affiliated for the purpose of profit, consideration, or other beneficial interest within the meaning of this chapter, unless there is substantial evidence of an intent to evade the purposes of this chapter:

  (i) a stockholder in a corporation shall be presumed not to be affiliated with others, solely on the basis of being a stockholder, if the stockholder and the stockholder’s spouse, and natural or adoptive parents, children, and siblings own, control, or have a beneficial interest in less than five percent of the outstanding shares in the corporation;

  (ii) an individual shall be presumed not to be affiliated with others, solely for actions taken as an agent of another within the normal scope of duties of a court-appointed guardian, a 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;

  (iii) a seller or chartered lending institution shall be presumed not to be affiliated with others, solely for financing all or a portion of the purchase price at rates not substantially higher than prevailing lending rates in the community, and subsequently granting a partial release of the security when the buyer partitions or divides the land.

  (15) “Primary agricultural soils” means each of the following:

  (A) An important farmland soils map unit that the Natural Resources Conservation Service of the U.S. Department of Agriculture (NRCS) has identified and determined to have a rating of prime, statewide, or local importance, unless the District Commission determines that the soils within the unit have lost their agricultural potential. In determining that soils within an important farmland soils map unit have lost their agricultural potential, the Commission shall consider:

  (i) impacts to the soils relevant to the agricultural potential of the soil from previously constructed improvements;

  (ii) the presence on the soils of a Class I or Class II wetland under chapter 37 of this title;

  (iii) the existence of topographic or physical barriers that reduce the accessibility of the rated soils so as to cause their isolation and that cannot reasonably be overcome; and

  (iv) other factors relevant to the agricultural potential of the soils, on a site-specific basis, as found by the Commission after considering the recommendation, if any, of the Secretary of Agriculture, Food and Markets.

  (B) Soils on the project tract that the District Commission finds to be of agricultural importance, due to their present or recent use for agricultural activities and that have not been identified by the NRCS as important farmland soil map units.

  (16)(A) “Existing settlement” means an area that constitutes one of the following:

  (i) a designated center; or

  (ii) an existing center that is compact in form and size; that contains a mixture of uses that include a substantial residential component and that are within walking distance of each other; that has significantly higher densities than densities that occur outside the center; and that is typically served by municipal infrastructure such as water, wastewater, sidewalks, paths, transit, parking areas, and public parks or greens.

  (B) Strip development outside an area described in subdivision (A)(i) or (ii) of this subdivision (16) shall not constitute an existing settlement.

  (17) “Shoreline” means the land adjacent to the waters of lakes, ponds, reservoirs, and rivers. Shorelines shall include the land between the mean high water mark and the mean low water mark of such surface waters.

  (18) “Stream” means a current of water that is above an elevation of 1,500 feet above sea level or that flows at any time at a rate of less than 1.5 cubic feet per second.

  (19)(A) “Subdivision” means each of the following:

  (i) A tract or tracts of land, owned or controlled by a person, that the person has partitioned or divided for the purpose of resale into 10 or more lots within a radius of five miles of any point on any lot, or within the jurisdictional area of the same District Commission, within any continuous period of five years. In determining the number of lots, a lot shall be counted if any portion is within five miles or within the jurisdictional area of the same District Commission.

  (ii) A tract or tracts of land, owned or controlled by a person, that the person has partitioned or divided for the purpose of resale into six or more lots, within a continuous period of five years, in a municipality that does not have duly adopted permanent zoning and subdivision bylaws.

  (iii) A tract or tracts of land, owned or controlled by a person, that have been partitioned or divided for the purpose of resale into five or more separate parcels of any size within a radius of five miles of any point on any such parcel, and within any period of ten years, by public auction.

  (I) In this subdivision (iii), “public auction” means any auction advertised or publicized in any manner or to which more than ten persons have been invited.

  (II) If sales described under this subdivision (iii) are of interests that, when sold by means other than public auction, are exempt from the provisions of this chapter under the provisions of subsection 6081(b) of this title, the fact that these interests are sold by means of a public auction shall not, in itself, create a requirement for a permit under this chapter.

  (B) The word “subdivision” shall not include each of the following:

  (i) a lot or lots created for the purpose of conveyance to the State or to a qualified organization, as defined under section 6301a of this title, if the land to be transferred includes and will preserve a segment of the Long Trail;

  (ii) a lot or lots created for the purpose of conveyance to the State or to a “qualified holder” of “conservation rights and interest,” as defined in section 821 of this title.

  (20) “Fissionable source material” means mineral ore that:

  (A) is extracted or processed with the intention of permitting the product to become or to be further processed into fuel for nuclear fission reactors or weapons; or

  (B) contains uranium or thorium in concentrations that might reasonably be expected to permit economically profitable conversion or processing into fuel for nuclear reactors or weapons.

  (21) “Reconnaissance” means:

  (A) a geologic and mineral resource appraisal of a region by searching and analyzing published literature, aerial photography, and geologic maps; or

  (B) use of geophysical, geochemical, and remote sensing techniques that do not involve road building, land clearing, the use of explosives, or the introduction of chemicals to a land or water area; or

  (C) surface geologic, topographic, or other mapping and property surveying; or

  (D) sample collections that do not involve excavation or drilling equipment, the use of explosives, or the introduction of chemicals to the land or water area.

  (22) “Farming” means:

  (A) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; or

  (B) the raising, feeding, or management of livestock, poultry, fish, or bees; or

  (C) the operation of greenhouses; or

  (D) the production of maple syrup; or

  (E) the on-site storage, preparation, and sale of agricultural products principally produced on the farm; or

  (F) the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or

  (G) the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines; or

  (H) the importation of 2,000 cubic yards per year or less of food residuals or food processing residuals onto a farm for the production of compost, provided that:

  (i) the compost is principally used on the farm where it is produced; or

  (ii) the compost is produced on a small farm that raises or manages poultry.

  (23) “Adjoining property owner” means a person who owns land in fee simple, if that land:

  (A) shares a property boundary with a tract of land where a proposed or actual development or subdivision is located; or

  (B) is adjacent to a tract of land where a proposed or actual development or subdivision is located and the two properties are separated only by a river, stream, or public highway.

  (24) “Solid waste management district” means a solid waste management district formed pursuant to 24 V.S.A. § 2202a and chapter 121, or by charter adopted by the General Assembly.

  (25) “Slate quarry” means a quarry pit or hole from which slate has been extracted or removed for the purpose of commercial production of building material, roofing, tile, or other dimensional stone products. “Dimensional stone” refers to slate that is processed into regularly shaped blocks, according to specifications. The words “slate quarry” shall not include pits or holes from which slate is extracted primarily for purposes of crushed stone products, unless, as of June 1, 1970, slate had been extracted from those pits or holes primarily for those purposes.

  (26) “Telecommunications facility” means a support structure that is primarily for communication or broadcast purposes and that will extend vertically 20 feet or more above the highest point of an attached existing structure, or 50 feet or more above ground level in the case of a proposed new support structure, in order to transmit or receive communication signals for commercial, industrial, municipal, county, or State purposes.

  (27) “Mixed income housing” means a housing project in which the following apply:

  (A) At least 20 percent of the housing units meet the requirements of affordable owner-occupied housing under subdivision (29)(A) of this section, adjusted for the number of bedrooms, as established and published annually by the Vermont Housing Finance Agency.

  (B) For not less than 15 years following the date that rental housing is initially placed in service, at least 20 percent of the housing units meet the requirements of affordable rental housing under subdivision (29)(B) of this section, adjusted for the number of bedrooms, as established and published annually by the Vermont Housing Finance Agency.

  (28) “Mixed use” means construction of both mixed income housing and construction of space for any combination of retail, office, services, artisan, and recreational and community facilities, provided at least 40 percent of the gross floor area of the buildings involved is mixed income housing. “Mixed use” does not include industrial use.

  (29) “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.

  (30) “Designated center” means a downtown development district, village center, new town center, growth center, Vermont neighborhood, or neighborhood development area designated under 24 V.S.A. chapter 76A.

  (31) “Farm,” for purposes of subdivisions (3)(D)(vii)(V) and (VI) of this section, means a parcel of land devoted primarily to farming, as farming is defined in subdivision (22)(A) or (B) of this section, and:

  (A) from which parcel, annual gross income from farming, as defined in subdivision (22) of this section, exceeds the annual gross income from a composting operation on that parcel. For purposes of this subdivision, a federal, State, or municipal highway or road shall not be determined to divide tracts of land that are otherwise physically contiguous;

  (B) for purposes of subdivision (3)(D)(vii)(V) of this section, uses no more than 10 acres or 10 percent of the parcel, whichever is smaller, for commercial compost management, not including land used for liquid nutrients management;

  (C) for purposes of subdivision (3)(D)(vii)(VI) of this section, uses no more than four acres or 10 percent of the parcel, whichever is smaller, for commercial compost management, not including land used for liquid nutrients management.

  (32) “Livestock” means cattle, sheep, goats, equines, fallow deer, red deer, American bison, swine, water buffalo, poultry, pheasant, chukar partridge, courtnix quail, camelids, ratites (ostriches, rheas, and emus), llamas, alpacas, yaks, rabbits, cultured trout propagated by commercial trout farmers, or other animal types designated by the Secretary of Agriculture, Food and Markets by procedure.

  (33) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management, but shall not mean sewage, septage, or materials derived from sewage or septage.

  (34) “Agricultural fair” means an event or activity that is intended to promote farming by:

  (A) exhibiting a variety of livestock and agricultural products;

  (B) exhibiting arts, equipment, and implements related to farming; or

  (C) conducting contests, displays, and demonstrations designed to advance farming, advance the local food economy, or train or educate farmers, youth, or the public regarding agriculture.

  (35) “Priority housing project” means a discrete project located on a single tract or multiple contiguous tracts of land that consists exclusively of mixed income housing or mixed use, or any combination thereof, and is located entirely within a designated downtown development district, designated new town center, designated growth center, or designated neighborhood development area under 24 V.S.A. chapter 76A.

  (36) “Strip development” means linear commercial development along a public highway that includes three or more of the following characteristics: broad road frontage, predominance of single-story buildings, limited reliance on shared highway access, lack of connection to any existing settlement except by highway, lack of connection to surrounding land uses except by highway, lack of coordination with surrounding land uses, and limited accessibility for pedestrians. In determining whether a proposed development or subdivision constitutes strip development, the District Commission shall consider the topographic constraints in the area in which the development or subdivision is to be located.

  (37) “Industrial park” means an area of land permitted under this chapter that is planned, designed, and zoned as a location for one or more industrial buildings; that includes adequate access roads, utilities, water, sewer, and other services necessary for the uses of the industrial buildings; and includes no retail use except that which is incidental to an industrial use and no office use except that which is incidental or secondary to an industrial use.

  (38) “Farm” means, for the purposes of subdivision (22)(H) of this section, a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria as established under the Required Agricultural Practices.

  (39) “Food processing residuals” means the remaining organic material from a food processing plant and may include whey and other dairy, cheese making, and ice cream residuals or residuals from any food manufacturing process excluding livestock or poultry slaughtering and rendering operations. “Food processing residuals” does not include food residuals from markets, groceries, or restaurants.

  (40) “Food residuals” has the same meaning as in section 6602 of this title.

  (41) “Principally used” means, for the purposes of subdivisions (3)(D)(vii)(III) and (22)(H) of this section, that more than 50 percent, either by volume or weight, of the compost produced on the farm is physically and permanently incorporated into the native soils on the farm as a soil enhancement and is not removed or sold at any time thereafter.

  (42) “Small farm” has the same meaning as in 6 V.S.A. § 4871 and also means a small farm that is subject to the Required Agricultural Practices Rule (RAPs) and is not required to certify as a small farm under Section 4 of the RAPs, is not required to operate as a Medium Farm Operation under 6 V.S.A. § 4858, and is not required to operate as a Large Farm Operation under 6 V.S.A. § 4851.

  (43) “Wood product” means logs, pulpwood, veneer wood, bolt wood, wood chips, stud wood, poles, pilings, biomass, fuel wood, maple sap, and bark.

  (44) “Wood products manufacturer” means a manufacturer that aggregates wood products from forestry operations and adds value through processing or marketing in the wood products supply chain or directly to consumers through retail sales. “Wood products manufacturer” includes sawmills; veneer mills; pulp mills; pellet mills; producers of firewood, woodchips, mulch, and fuel wood; and log and pulp concentration yards. “Wood products manufacturer” does not include facilities that purchase, market, and resell finished goods, such as wood furniture, wood pellets, and milled lumber, without first receiving wood products from forestry operations.

  [Subdivisions (45) through (49)effective December 31, 2026.]

  (45) “Tier 2” means an area that is not a Tier 1 area or a Tier 3 area.

  (46) “Tier 3” means an area consisting of critical natural resources defined by the rules of the Board. The Board’s rules shall at a minimum determine whether and how to protect river corridors, headwater streams, habitat connectors of statewide significance, riparian areas, class A waters, natural communities, and other critical natural resources.

  (47) “Habitat connector” means land or water, or both, that links patches of habitat within a landscape, allowing the movement, migration, and dispersal of wildlife and plants and the functioning of ecological processes. A habitat connector may include features including recreational trails and improvements constructed for farming, logging, or forestry purposes.

  (48) “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 features including recreational trails, wetlands, or other natural features that do not themselves possess tree cover and improvements constructed for farming, logging, or forestry purposes.

  (49) “Habitat” means the physical and biological environment in which a particular species of plant or wildlife lives.

  (50) “Accessory dwelling unit” means a distinct unit that is clearly subordinate to a single-family dwelling, located on an owner-occupied lot and has facilities and provisions for independent living, including sleeping, food preparation and sanitation, provided there is compliance with all of the following:

  (A) the unit does not exceed 30 percent of the habitable floor area of the single-family dwelling or 900 square feet, whichever is greater; and

  (B) the unit is located within or appurtenant to a single-family dwelling, whether the dwelling is existing or new construction.

  (51) “Transit route” means a set route or network of routes on which a public transit service as defined in 24 V.S.A. § 5088 operates a regular schedule. (Added 1969, No. 250 (Adj. Sess.), § 2, eff. April 4, 1970; amended 1973, No. 85, § 8; 1979, No. 123 (Adj. Sess.), §§ 1-3, eff. April 14, 1980; 1981, No. 240 (Adj. Sess.), § 6, eff. April 28, 1982; 1983, No. 114 (Adj. Sess.), § 1; 1985, No. 64; 1987, No. 64, § 2; 1987, No. 273 (Adj. Sess.), § 2, eff. June 21, 1988; 1989, No. 154 (Adj. Sess.); 1989, No. 231 (Adj. Sess.), § 1, eff. July 1, 1991; 1989, No. 234 (Adj. Sess.), § 4; 1993, No. 200 (Adj. Sess.), § 1; 1993, No. 232 (Adj. Sess.), § 24, eff. March 15, 1995; 1995, No. 10, § 1; 1995, No. 30, § 1, eff. April 13, 1995; 1997, No. 48, § 1; 1997, No. 94 (Adj. Sess.), § 5, eff. April 15, 1998; 2001, No. 40, § 1; 2001, No. 114 (Adj. Sess.), §§ 6, 7, eff. May 28, 2002; 2003, No. 66, § 217c; 2003, No. 115 (Adj. Sess.), § 46, eff. Jan. 31, 2005; 2003, No. 121 (Adj. Sess.), §§ 75, 76, eff. June 8, 2004; 2005, No. 183 (Adj. Sess.), § 6; 2007, No. 79, § 13, eff. June 9, 2007; 2007, No. 92 (Adj. Sess.), § 4; 2007, No. 176 (Adj. Sess.), §§ 6, 7; 2009, No. 54, § 52, eff. June 1, 2009; 2009, No. 141 (Adj. Sess.), §§ 1a-3, eff. June 1, 2010; 2011, No. 18, §§ 1, 2, eff. May 11, 2011; 2013, No. 11, § 1; 2013, No. 59, § 11; 2013, No. 147 (Adj. Sess.), § 1, eff. June 1, 2014; 2013, No. 159 (Adj. Sess.), § 16b; 2013, No. 199 (Adj. Sess.), § 37; 2015, No. 52, § 4, eff. June 5, 2015; 2015, No. 64, § 13; 2017, No. 69, § H.3, eff. June 28, 2017; 2021, No. 41, § 1, eff. May 20, 2021; 2021, No. 54, § 3; 2021, No. 174 (Adj. Sess.), § 11, eff. July 1, 2022; 2021, No. 182 (Adj. Sess.), §§ 30, 35, 38, eff. July 1, 2022; 2023, No. 47, § 16, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 12, § 21, eff. December 31, 2026; 2023, No. 181 (Adj. Sess.), § 19, eff. July 1, 2026; 2023, No. 181 (Adj. Sess.), § 23, § 24, § 32, eff. June 17, 2024.)