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Vermont Permits and Siting

Vermont Trail Use in Legal Limbo Following Governor’s Executive Order

January 8, 2021 by MSK Attorneys

Act 250 May No Longer Regulate Vermont Trail Development and Use On October 5, 2020, the Governor of Vermont issued Executive Order No. 04-20. The Order suspended all currently pending litigation to which the State is a party related to the imposition of Act 250 jurisdiction on a Vermont recreational trail or trail system.   […]

Filed Under: Vermont Law, Vermont Permits and Siting

Vermont Section 545 May Ban Certain Real Estate Covenants and Easements

October 29, 2020 by MSK Attorneys

Vermont Property Owners Must Act Before December 31 to Preserve Land Use Rights   By A.J. LaRosa, MSK Attorneys   On October 12, 2020, Governor Scott signed S. 237, Act 179, into law. This bill was designed to promote affordable housing in the State of Vermont.   Act 179 comes with major issues however. The […]

Filed Under: Real Estate Law, Vermont Law, Vermont Permits and Siting

Statute of Limitations: Can a Town or City Issue a Notice of Violation?

July 22, 2020 by MSK Attorneys

Written by Elizabeth Filosa and A.J. LaRosa – Vermont law establishes a 15-year statute of limitations for municipalities to issue zoning violations. 24 V.S.A. § 4454. The Vermont Supreme Court recently ruled that this statute of limitations applies both to uses of property and structures or improvements that violate municipal zoning regulations. In re 204 […]

Filed Under: Real Estate Law, Vermont Law, Vermont Permits and Siting

Keys for Out-of-State Buyers of Vermont Real Estate

June 12, 2020 by MSK Attorneys

If you are from Connecticut, Massachusetts, New Jersey or New York, there are some things you should know before you buy Vermont real estate, whether it is open land, a house, or a condominium. Vermont has some of the strictest land use laws in the United States and it is best to find experienced, local […]

Filed Under: Real Estate Law, Vermont Law, Vermont Permits and Siting

Changes to Act 250 on Vermont Legislative Agenda

February 6, 2020 by MSK Attorneys

Written by A.J. LaRosa – Changes to Act 250, Vermont’s historic state-wide land use law, are before the House Committee on Natural Resources, Fish, and Wildlife. In addition to updated and amended Criteria, the Committee is considering altering the appeal of permits issued by regional District Commissions. Presently, appeals from District Commission decisions are heard […]

Filed Under: Real Estate Law, Vermont Law, Vermont Permits and Siting

How Can I Get a Variance in Vermont?

October 16, 2019 by MSK Attorneys

Written by A.J. LaRosa, MSK Attorneys – It is no easy task to get a variance in Vermont. Variances, by their very nature, contravene the goal of zoning. They are, as defined by Vermont law, “individual exceptions to generally applicable rules of zoning, the purpose of which is to bring about the orderly physical development […]

Filed Under: Real Estate Law, Vermont Law, Vermont Permits and Siting

Understanding Vermont Municipal Zoning Regulations

October 15, 2019 by MSK Attorneys

Vermont municipal zoning regulations are among the strongest in the United States. Along with Vermont Act 250, the state’s municipal zoning regulations focus on protecting natural environmental features and the “character” of a given area.

Filed Under: Real Estate Law, Vermont Law, Vermont Permits and Siting

What Are the Vermont Solar Siting Laws?

August 2, 2019 by MSK Attorneys

Written by Hans Huessy, MSK Attorneys – Vermont solar siting laws can pose a challenge to large-scale solar farm development. The difficulty in Vermont solar siting rises in proportion to the size of the proposed solar farm. Larger sites are much more difficult to develop than smaller sites, and no solar development will move forward […]

Filed Under: Vermont Law, Vermont Permits and Siting

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