§ 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.)