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. […]
Vermont Permits and Siting
Vermont Section 545 May Ban Certain Real Estate Covenants and Easements
Vermont Property Owners Must Act Before December 31 to Preserve Land Use Rights 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 biggest problem is the addition of […]
Statute of Limitations: Can a Town or City Issue a Notice of Violation?
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 North Ave. NOV, 2019 VT 52. Because […]
Keys for Out-of-State Buyers of Vermont Real Estate
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 […]
Changes to Act 250 on Vermont Legislative Agenda
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 by the Vermont Superior Court, […]
How Can I Get a Variance in Vermont?
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 of the community.” Variances, in essence, act […]
Understanding Vermont Municipal Zoning Regulations
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.
What Are the Vermont Solar Siting Laws?
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 without a Section 248 Permit. Developing Solar […]
