59. Who are "interested persons"?
     Answer

60. How does one appeal the denial of interested person status?
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61. Will a DRB have to determine who is an "interested person"?
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62. If a person attempts to demonstrate interested person status before an AMP, must the AMP develop a service list and mail all documentation to that interested person?
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63. Is the conservation commission entitled to interested person status in an AMP hearing? If so, which member should participate?
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64. Can "non-interested" persons participate in any way? Does Vermont's Open Meeting Law apply?
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65. Do all members of a group have to individually show they are "interested persons?"
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66. Can bylaws require interested parties to submit evidence in advance?
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67. If the zoning administrator fails to take action, is that failure to act appealable?
     Answer

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Interested persons are those who have status under the law to file an appeal of a zoning permit or decision. An interested person may include (not an exhaustive list): (1) a person owning title to property who alleges that a bylaw imposes on the property unreasonable or inappropriate restrictions of possible use; (2) the municipality that has a plan or bylaw at issue, or any municipality adjoining that municipality; (3) a person owning or occupying property in the immediate neighborhood of a property that is the subject of any zoning decision or act who can demonstrate a physical or environmental impact on the person's interest under the criteria reviewed in that decision or act, and who alleges that the decision or act, if confirmed, will violate the municipal plan or bylaw; (4) any ten persons, either voters or landowners, who, by signed petition to the AMP, allege that the decision or act, if confirmed, will violate the municipal plan or bylaw (these petitioners must designate one person to serve as their representative); and (5) any department and administrative subdivision of the state owning property within that municipality, and the Agency of Commerce and Community Development. 24 V.S.A. § 4465(b)(1)-(5).

Persons not meeting these preceding definitions may not appeal a decision of either the ZA or of an AMP.

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A person denied the right to appeal should appeal that decision to the next highest tribunal, which will be either the Environmental Court, in cases where the denial of the right to appeal was of a ZA's decision and interested person status is denied by the AMP, or to the Supreme Court, if denied interested party status in an appeal to the Environmental Court.

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Development review boards (DRBs) and zoning boards of adjustment (ZBAs) will need to determine who is an interested person for appeals of ZA decisions. Because only "interested persons" may appeal decisions of the ZA, and appeals of ZA decisions go to either a ZBA or a DRB, those boards will need to determine whether the would-be appellant is entitled to appeal pursuant to 24 V.S.A. § 4465.

Additionally, the Environmental Court will be required to make a party status determination for appeals to that court.

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As the law stands now, there is no requirement that municipalities create a service list of persons to whom to send decisions of the board and filings of parties. There is a requirement, however, that all persons "appearing and having been heard" at the hearing be mailed a copy of the decision by the appropriate municipal panel.

Even though the law does not require it, a best practice may be for the clerk of the AMP to create a service list that lists all persons who want to receive correspondence of the board and filings of the parties. The list would then be provided to all parties, who should then send any filings to everyone on the service list.

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Conservation commissions are not entitled to party status in local zoning proceedings. An individual member of the conservation commission may still be an interested person, regardless of his or her membership on the conservation commission, pursuant to 24 V.S.A. § 4465.

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Most local zoning boards permit anybody the right to participate in their proceedings. In the zoning context (particularly with respect to quasi-judicial proceedings), the Vermont Open Meeting Law only requires that meetings be open to the public. In quasi-judicial proceedings, the public is not entitled to the same reasonable opportunity to express its opinion as is allowed for other types of meetings. 1 V.S.A. § 312(h). Therefore, the quasi-judicial body, in its discretion, may prescribe rules for participation that either permit, or limit, "non-interested" persons. A best practice would be to prescribe these rules either in the local zoning bylaw or in the board's rules of procedure.

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Yes. Each individual member of a group, who may be a voter or landowner, must sign a petition alleging that any relief requested by a person in a zoning proceeding will not be in accord with the policies, purposes, or terms of the plan or bylaw of the municipality. 24 V.S.A. § 4465(b)(4).

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Bylaws can only permit or encourage interested parties to submit evidence in advance, as state law still requires a public hearing, at least for conditional use reviews, variances, ZA appeals, and final plat review for subdivisions. Interested parties cannot be required to submit evidence in advance, as there must be some opportunity to cross-examine other witnesses or parties and to question the evidence presented by other parties. 24 V.S.A. § 4464(a).

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Presumably, a decision of the zoning administrator not to take enforcement action against someone, for example, is appealable, though this is an open question of law. Interested persons should consult with their attorneys for available legal remedies.

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