ACT 250 - VERMONT'S LAND USE & DEVELOPMENT LAW

ACT 250 -Vermont's Land Use & Development Law This is a very brief overview of which land use and development requires an ACT 250 permit. We would be very glad to discuss details at your convenience. Act 250 was passed by the Vermont Legislature on April 4, 1970, to prevent misuse of Vermont land. Its purpose is to regulate the overall growth of Vermont, including land use and to control development of land in Vermont where there is no permanent zoning rules and regulations. Act 250 permits are required for the following: 1. Construction for any purpose above 2500' elevation. 2. Commercial or industrial construction on more than one acre if a town does not have permanent zoning or has permanent zoning regulations and no subdivision regulations and on more than 10 acres if the town does have permanent zoning laws and subdivision regulations. 3. Construction of 10 or more housing units by the same owner within a five mile radius within 5 years. 4. Construction of a municipal, county or state project on more than 10 acres. 5. A substantial change or expansion of a preexisting development. 6. Subdivisions of more than 5 lots in towns with zoning and no subdivision regulations and 9 lots with zoning and subdivision regulations and no more than 9 lots in the district or a 5 mile radius. 7. Exploration of fissionable materials. 8. Drilling a well for the testing for oil or natural gas. Vermont Environmental Protection Rules: Chapter 3 Subdivisions. These rules were passed by the Vermont Legislature on September 18, 1969. Environmental protection rule permits are required when land is subdivided regardless of lot size. The primary purpose of the permits is to be sure that the domestic water supply and sewage disposal are safe and adequate. After November, 2004 all wastewater systems on preexisting lots will be required to be designed in conformance to the Environmental Protection Rules and after 2007 permits will be required for all systems. Planning and Zoning: Planning and zoning is different in every community. We invite specific inquiries and if the answers are not readily available, we can obtain them or direct you to the proper authority for them. ACT 250 DISCLOSURE STATEMENT: Sellers subdividing land, must give a buyer an Act 250 disclosure statement within 10 days of execution of a sales agreement stating that the subdivided land either does or does not require an Act 2 50 permit. If the buyer does not receive the statement within that 10 day period, the buyer can void the sales agreement. No disclosure statement is required if the seller is not subdividing land. The above provides a general outline of State & Local permits required for development. Anyone planning a development should contact the State District EnvironmentalOffice and Local Town Offices to Insure that they have the latest regulations and policies pertaining to their development.