§ 6007. Act 250 Disclosure Statement; jurisdictional determination
(a) Prior to the division or partition of land, the seller or other person dividing or
partitioning the land shall prepare an “Act 250 Disclosure Statement.” A person who
is dividing or partitioning land, but is not selling it, shall file a copy of the
statement with the town clerk, who shall record it in the land records. The seller
who is dividing or partitioning land as part of the sale shall provide the buyer with
the statement within 14 days of entering into a purchase and sale agreement for the
sale or exchange of land, or at the time of transfer of title if no purchase and sales
agreement was executed, and shall file a copy of the statement with the town clerk,
who shall record it in the land records. Failure to provide the statement as required
shall, at the buyer’s option, render the purchase and sales agreement unenforceable.
If the disclosure statement establishes that the transfer is or may be subject to
chapter 151 of this title, and that information had not been disclosed previously,
then at the buyer’s option the contract may be rendered unenforceable. The statement
shall include the following, on forms determined jointly by the Board and the Commissioner
of Taxes:
(1) The name and tax identification number of the seller’s or divider’s or partitioner’s
spouse, and parents and children, natural or adoptive, and whether or not any of the
individuals named will derive profit or consideration, or acquire any other beneficial
interest from the partition or division of the land in question. However, this information
will be required only to the extent that:
(A) the individuals in question have been sellers or buyers of record with respect to
the partition or division of other land within the previous five years; and
(B) that other land is located within five miles of any part of the land currently being
divided or partitioned or is located within the jurisdictional area of the same District
Environmental Commission.
(2) The name and tax identification number of all individuals and entities affiliated
with the seller or divider or partitioner for the purpose of deriving profit or consideration,
or acquiring any other beneficial interest from the partition or division of the land,
as that affiliation is conditioned and limited according to the definition of “person”
in subdivision 6001(14) of this title.
(3) A statement identifying any partition or division of land that has been completed:
(A) within the preceding five years;
(B) by any of the entities or individuals identified under subdivision (1) or (2) of this
subsection (a) as deriving profit or consideration or acquiring any other beneficial
interest from the partition or division of the land; and
(C) within five miles of any part of the land being divided or partitioned, or within
the jurisdictional area of the district environmental commission in which the land
is located.
(4) Notice that a permit may be required under this chapter.
(b) If, before the transfer of title, facts contained in the disclosure statement change,
the seller shall provide the buyer with an amended statement in a timely manner.
(c) With respect to the partition or division of land, or with respect to an activity
that might or might not constitute development, any person may submit to the district
coordinator an “Act 250 Disclosure Statement” and other information required by the
rules of the Board and may request a jurisdictional opinion from the district coordinator
concerning the applicability of this chapter. If a requestor wishes a final determination
to be rendered on the question, the district coordinator, at the expense of the requestor
and in accordance with rules of the Board, shall publish notice of the issuance of
the opinion in a local newspaper generally circulating in the area where the land
that is the subject of the opinion is located and shall serve the opinion on all persons
listed in subdivisions 6085(c)(1)(A) through (D) of this title. In addition, the requestor
who is seeking a final determination shall consult with the district coordinator and
obtain approval of a subdivision 6085(c)(1)(E) list of persons who shall be notified
by the district coordinator because they are adjoining property owners or other persons
who would be likely to be able to demonstrate a particularized interest protected
by this chapter that may be affected by an act or decision by a District Commission.
(d) [Repealed.] (Added 1987, No. 64, § 3; amended 1991, No. 111, § 3, eff. June 28, 1991; 1991, No. 111, § 7, eff. Oct. 1, 1991; 1993, No. 232 (Adj. Sess.), § 25, eff. March 15, 1995; 1999, No. 49, § 155; 2003, No. 115 (Adj. Sess.), § 47, eff. Jan. 31, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2013, No. 11, § 8; 2015, No. 150 (Adj. Sess.), § 33, eff. May 31, 2016; 2021, No. 170 (Adj. Sess.), § 18, eff. July 1, 2022.)