Municipal Planning Commissions

V.S.A. tit. 24, ch. 117, subch. 2

in effect

24 V.S.A. § 4321 Creation of planning commissions

4321. Creation of planning commissions (a) A planning commission may be created at any time by the act of the legislative body of a municipality. (b) In any urban municipality, the legislative body may create a planning department headed by a planning director as a substitute for a planning commission, and, in that event all of the powers and duties of planning commissions set forth herein shall be exercised by such planning director, subject to such regulations as that executive body shall from time to time specify, and sections 4322 and 4323 of this title shall not apply to such director. In such event, that legislative body may further create an advisory planning council, which shall only function in an advisory capacity to the planning director in the exercise of his or her powers and duties, and shall have such other functions as that legislative body shall, by resolution, assign to such council. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.

24 V.S.A. § 4322 Planning commission; membership

4322. Planning commission; membership (a) A planning commission shall have not less than three nor more than nine voting members. All members may be compensated and reimbursed by the municipality for necessary and reasonable expenses. At least a majority of the members of a planning commission shall be residents of the municipality. (b) The legislative body of a rural town, or not more than two elected or appointed officials of an urban municipality who are chosen by the legislative body of the urban municipality, shall be nonvoting ex officio members of a planning commission. If a municipality has an energy coordinator under chapter 33, subchapter 12 of this title, the energy coordinator may be a nonvoting ex officio member of the planning commission. (c) Notwithstanding subsection (a) of this section: (1) for an appointed planning commission, the legislative body may change the number of members that may be appointed to the commission; and (2) for an elected planning commission, a municipality may vote at an annual or special meeting to change the number of members that may be elected to the commission. (d) Notwithstanding subsection 4323(c) of this subchapter, if the number of members on an appointed or elected planning commission is reduced, the members with the nearest expiration of their term of office shall serve until the expiration of that term and then the office shall terminate. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116, § 3; 1973, No. 261 (Adj. Sess.), § 2, eff. July 1, 1974; 1979, No. 174 (Adj. Sess.), § 3; 2021, No. 157 (Adj. Sess.), § 6, eff. July 1, 2022.

24 V.S.A. § 4323 Appointment, term, and vacancy; rules

4323. Appointment, term, and vacancy; rules (a) Members of a planning commission shall be appointed and any vacancy filled by the legislative body of a municipality. The length of the term of planning commission members shall be determined by the legislative body of a municipality. Any member may be removed at any time by unanimous vote of the legislative body. Any appointment to fill a vacancy shall be for the unexpired term. (b) A planning commission shall elect a chair and a clerk and, at its organization meeting, shall adopt by majority vote of those members present and voting such other rules as it deems necessary and appropriate for the performance of its functions. A planning commission shall keep a record of its resolutions and transactions, which shall be maintained as a public record of the municipality. (c) As an alternative to appointment under subsection (a) of this section, municipalities may choose to elect planning commissioners for terms of one to four years. The proposal to elect and the length of terms to be filled shall be determined pursuant to a duly warned article at an annual or special meeting of the municipality. If a municipality chooses to elect planning commissioners: (1) The length and spacing of terms shall be decided by vote of the municipality. (2) Elections shall occur only as terms are completed, or as vacancies occur, or as new planning commissions are created. (3) Vacancies may be filled by appointment of the legislative body only until the next meeting of the municipality, at which time the voters shall elect a commissioner to fill the unexpired term. (4) Elected commissioners may not be removed by action of the legislative body. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; 1989, No. 280 (Adj. Sess.), § 3a; 2003, No. 103 (Adj. Sess.), § 1.

24 V.S.A. § 4324 Existing commissions

4324. Existing commissions The members of any existing planning commission or body having similar powers and functions established under former laws shall continue in office until the end of their term as so established. New members shall be appointed and vacancies filled only under this chapter. Such commissions shall have, on March 23, 1968, all of the powers and duties of a planning commission created under this chapter. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.

24 V.S.A. § 4325 Powers and duties of planning commissions

4325. Powers and duties of planning commissions Any planning commission created under this chapter may: (1) Prepare a plan and amendments thereof for consideration by the legislative body and to review any amendments thereof initiated by others as set forth in subchapter 5 of this chapter. (2) Prepare and present to the legislative body proposed bylaws and make recommendations to the legislative body on proposed amendments to such bylaws as set forth in subchapter 6 of this chapter. (3) Administer bylaws adopted under this chapter, except to the extent that those functions are performed by a development review board. (4) Undertake capacity studies and make recommendations on matters of land development, urban renewal, transportation, economic and social development, urban beautification and design improvements, historic and scenic preservation, the conservation of energy and the development of renewable energy resources, and wetland protection. Data gathered by the planning commission that is relevant to the geographic information system established under 3 V.S.A. § 20 shall be compatible with, useful to, and shared with that system. (5) Prepare and present to the legislative body recommended building, plumbing, fire, electrical, housing, and related codes and enforcement procedures, and construction specifications for streets and related public improvements. (6) Prepare and present a recommended capital budget and program for a period of five years, as set forth in section 4440 of this title, for action by the legislative body, as set forth under section 4443 of this title. (7) Hold public meetings. (8) Require from other departments and agencies of the municipality such available information as relates to the work of the planning commission. (9) In the performance of its functions, enter upon land to make examinations and surveys. (10) Participate in a regional planning program. (11) Retain staff and consultant assistance in carrying out its duties and powers. (12) Undertake comprehensive planning, including related preliminary planning and engineering studies. (13) Perform such other acts or functions as it may deem necessary or appropriate to fulfill the duties and obligations imposed by, and the intent and purposes of, this chapter. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1979, No. 174 (Adj. Sess.), § 4; 1985, No. 188 (Adj. Sess.), § 7; 1987, No. 200 (Adj. Sess.), § 18, eff. July 1, 1989; 1993, No. 232 (Adj. Sess.), § 45, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 85.

24 V.S.A. § 4326 Appropriations, reports, and records

4326. Appropriations, reports, and records Every municipality may appropriate to and expend funds for its planning commission. The planning commission shall keep a record of its business and shall make an annual report to the municipality. A planning commission may accept and utilize any funds, personal or other assistance made available by this State or federal government or any of their agencies or from private sources. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968.

24 V.S.A. § 4327 Joint planning commissions

4327. Joint planning commissions (a) Any planning commission of a municipality which is a town having one or more municipalities contained within its area or which is one of such contained municipalities shall, upon the act of the legislative body of each municipality, be the planning commission under this chapter for such town and all such contained municipalities. (b) A planning commission acting for more than one municipality shall be the planning commission for such town and all such contained municipalities until such joint arrangement is terminated by the act of the legislative body of any participating municipality. (c) In any town containing one or more villages, any act required under this chapter to be taken by a legislative body or by the vote of a municipality shall be taken by the legislative body of the town or, as the case may be, the voters of the town, including the voters of any contained village. (d) If a contained village adopts its own plan, capital budget, or program or one or more bylaws, then any act required under this chapter for the adoption shall be taken by the legislative body or voters of the village. Nevertheless, the voters of the village shall remain as voters in the town for the adoption of town bylaws and capital budget and program, as provided in subsection (c) of this section. (e) A single planning commission, appointed by the Board of Governors of the unified towns and gores of Essex County, namely Averill, Avery’s Gore, Ferdinand, Lewis, Warner’s Grant, and Warren’s Gore, shall serve as the planning commission for these towns and gores. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 188 (Adj. Sess.), § 1, eff. July 1, 1974; 1973, No. 261 (Adj. Sess.),§§ 3, 7 eff. July 1, 1974; 1975, No. 164 (Adj. Sess.), § 3; 2005, No. 30, § 1; 2005, No. 105 (Adj. Sess.), § 1.

24 V.S.A. § 4328 Terms of office inconsistent with charter provisions

4328. Terms of office inconsistent with charter provisions When a charter of a municipality exists having terms respecting the appointment and authority of municipal officials, relating to their activities under this chapter, which terms are inconsistent with this chapter, those terms of that charter shall prevail. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1969, No. 116, § 4.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24/117Fetched: 10/21/2026