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Special Topic: Important State Statutes

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Topic Index:
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A
Adoption of Plans and Bylaws
Agriculture
Air Quality
B
Brownfields
C
Cell Towers
Chapter 117
Citizen Participation
Community Data
D
Demographics
Design
Development Review
E
Economic Development
Education
Energy
F
Flooding & Floodplains
G
GIS Resources
H
Historic Resources
Housing
I
J
K
L
Land (general issues)
Land Conservation
Land Use
M
Mapping Resources
Meeting Procedures & Regulations
N
Natural Resource Protection
O
P
Public Involvement
Q
R
Recreation
S
Scenic Resources
Schools
Septic and Sewer Systems
State Statutes
Stormwater Management
T
Telecommunications Facilities/Towers
Transportation
U
V
W
Waste Management
Wastewater Management
Water Quality
Water Supply
Wetlands
Wildlife
X
Y
Z
Zoning


IMPORTANT STATE STATUTES

All local authority in Vermont, including the authority to plan and regulate land use, is granted to municipalities by the state through legislation. The pertinent statutes are available on-line with links below.

Purpose and Goals of Land Use Planning and Regulation are articulated at the beginning of the statute enabling local and regional planning and local land use regulation. The goals are divided into to 4 “process goals” defining how planning is to take place, and 12 “substantive goals” that describe the desired results of state, regional and local planning in Vermont.

Vermont Municipal Planning and Development Act - 24 V.S.A Chapter 117 governs how municipal planning and regulation shall take place in Vermont.
· Local and Regional Planning: Subchapters 1-5, Sections 4301 – 4387
· Regulatory (bylaws) and non-regulatory Implementation of the plan: Subchapters 6-11, Sections 4401 - 4472 (Sections added and reorganized in the 2004 amendments)

The Municipal Planning and Development Act, as amended through 2004 with annotations, is available as a booklet from your Regional Planning Commission and DHCA.

RELATED STATUTES AND REGULATIONS

Other Vermont state statutes and regulations that may be helpful to local land use officials include the following:

Open Meeting Law – Title 1 Chapter § 310-314 Establishes minimum requirements for meetings of all public bodies. For a user-friendly pocket guide to open meetings, click here

State Land Use and Development Plans (Act 250) – Title 10 Chapter 151 Establishes comprehensive statewide development review process known as Act 250. Criteria for review found in § 6086. Detailed Act 250 regulations are found in the Environmental Board Rules

Acquisition of Interests in Land by Public Agencies – Title 10 Chapter 155 Grants municipalities and other public entities the authority to acquire land for conservation.

Municipal Administrative Procedures Act (MAPA) – Title 24 Chapter 36 Procedures required for local Development Review Boards in towns that opt for reviewing municipal Act 250 criteria.

Historic Downtown Development – Title 24 Chapter 76A Process for downtown and village center designation and benefits available to designated municipalities.

Conservation Commissions – Title 24 Chapter 118 Function requirements and process of creating a local conservation commission.

Impact Fees – Title 24 Chapter 131 Requirements and procedures for adopting impact fees on new development.

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