§ 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.)