1. In light of the substantial changes to Chapter 117, what bylaw changes should a municipality make and when should those changes be made?
     Answer

2. What should be done if an existing bylaw references, or incorporates by reference, a section of the old Chapter 117?
     Answer

3. What if a municipality doesn't make its bylaws consistent with state law by September 1, 2005?
     Answer

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By September 1, 2005, existing zoning bylaws should be modified to conform to sections 4412 and 4413, as well as to subchapters 9, 10, and 11 of the new Chapter 117. 24 V.S.A. § 4481. Related definitions should also be revised to conform to 24 V.S.A. § 4303. By September 1, 2011, existing zoning bylaws and subdivision regulations must be amended to conform to all the other provisions of the new Chapter 117.

The topics found in sections 4412 and 4413 and subchapters 9, 10, and 11 of the new Chapter 117 include (not an exhaustive list):

     Affordable housing;
     Multifamily dwellings;
     Accessory apartments;
     Existing small lots;
     Nonconformities;
     Limitations on zoning;
     The adoption, amendment, and repeal process;
     The development review process; and
     The appeals process.

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Effective September 1, 2005, sections 4412 and 4413 and subchapters 9, 19, and 11 of the new Chapter 117 will control over any inconsistent bylaw provisions. 24 V.S.A. § 4481. Until September 1, 2005, the bylaw, including the section of the old Chapter 117 referenced, or incorporated by reference, should be followed. 24 V.S.A. § 4480. After September 1, 2005, the applicable section of the new Chapter 117 must be followed.

At that time, if a bylaw does not comply with state law, the state law will control. 24 V.S.A. §§ 4480, 4481. If a bylaw is currently silent on a topic, the new state law already applies.

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Regardless of whether a municipality has amended its bylaws to be consistent with state law, it must issue permits in accordance with state law. If a municipality fails to do so, it faces the possibility of legal action, either as an appeal in the Environmental Court, or as a lawsuit instituted by the Vermont Attorney General.

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