§ 3758. Appeals
(a) Whenever the Director denies in whole or in part any application for classification
as agricultural land or managed forestland or farm buildings, or grants a different
classification than that applied for, or the Director or assessing officials fix a
use value appraisal or determine that previously classified property is no longer
eligible or that the property has undergone a change in use, the aggrieved owner may
appeal the decision of the Director to the Commissioner within 30 days of the decision,
and from there to Superior Court in the county in which the property is located.
(b) Any owner who is aggrieved by the determination of the fair market value of classified
land for the purpose of computing the land use change tax may appeal in the same manner
as an appeal of a grand list valuation.
(c) Whenever the Director denies a request for an exemption from the terms of the definition
of a “farmer” as provided in subsection 3756(j) of this title, the aggrieved person may appeal the decision of the Director to the Commissioner
within 30 days of the decision, and from there to the Superior Court in the county
in which the property is located.
(d) Any owner who is aggrieved by a decision of the Department of Forests, Parks and Recreation
concerning the filing of an adverse inspection report, a denial of approval of a management
plan, or a certification to the Director with respect to land for which a wastewater
permit is issued may appeal to the Commissioner of Forests, Parks and Recreation within
60 days of the filing of the adverse inspection report, the decision to deny approval,
or the certification to the Director. An appeal of this decision of the Commissioner
may be taken to the Superior Court in the same manner and under the same procedures
as an appeal from a decision of a Board of Civil Authority, as set forth in chapter
131, subchapter 2 of this title.
(e) When the Director removes agricultural land or a farm building pursuant to notification
from the Secretary of Agriculture, Food and Markets under section 3756 of this title, the exclusive right of appeal shall be as provided in 6 V.S.A. § 4996(a). (Added 1977, No. 236 (Adj. Sess.), § 1; amended 1983, No. 220 (Adj. Sess.), §§ 11, 12; 1987, No. 57, § 7, eff. July 1, 1988; 1987, No. 130 (Adj. Sess.), § 4; 1995, No. 178 (Adj. Sess.), § 290; 2007, No. 190 (Adj. Sess.), § 4, eff. June 6, 2008; 2011, No. 143 (Adj. Sess.), § 43, retroactively eff. July 1, 2011; 2013, No. 73, §§ 13, 14; 2015, No. 64, § 24.)