Appeals

V.S.A. tit. 24, ch. 117, subch. 11

in effect

24 V.S.A. § 4465 Appeals of decisions of the administrative officer

4465. Appeals of decisions of the administrative officer (a) An interested person may appeal any decision or act taken by the administrative officer in any municipality by filing a notice of appeal with the secretary of the board of adjustment or development review board of that municipality or with the clerk of that municipality if no such secretary has been elected. This notice of appeal must be filed within 15 days following the date of that decision or act, and a copy of the notice of appeal shall be filed with the administrative officer. (b) As used in this chapter, an “interested person” means any one of the following: (1) A person owning title to property, or a municipality or solid waste management district empowered to condemn it or an interest in it, affected by a bylaw, who alleges that the bylaw imposes on the property unreasonable or inappropriate restrictions of present or potential use under the particular circumstances of the case. (2) The municipality that has a plan or a bylaw at issue in an appeal brought under this chapter or any municipality that adjoins that municipality. (3) A person owning or occupying property in the immediate neighborhood of a property that is the subject of any decision or act taken under this chapter, who can demonstrate a physical or environmental impact on the person’s interest under the criteria reviewed, and who alleges that the decision or act, if confirmed, will not be in accord with the policies, purposes, or terms of the plan or bylaw of that municipality. (4) Any 20 persons who may be any combination of voters, residents, or real property owners within a municipality listed in subdivision (2) of this subsection who, by signed petition to the appropriate municipal panel of a municipality, the plan or a bylaw of which is at issue in any appeal brought under this title, allege that any relief requested by a person under this title, if granted, will not be in accord with the policies, purposes, or terms of the plan or bylaw of that municipality. This petition to the appropriate municipal panel must designate one person to serve as the representative of the petitioners regarding all matters related to the appeal. For purposes of this subdivision, an appeal shall not include the character of the area affected if the project has a residential component that includes affordable housing. (5) Any department and administrative subdivision of this State owning property or any interest in property within a municipality listed in subdivision (2) of this subsection, and the Agency of Commerce and Community Development of this State. (c) In the exercise of its functions under this section, a board of adjustment or development review board shall have the following powers, in addition to those specifically provided for elsewhere in this chapter: (1) To hear and decide appeals taken under this section, including where it is alleged that an error has been committed in any order, requirement, decision, or determination made by an administrative officer under this chapter in connection with the administration or enforcement of a bylaw. (2) To hear and grant or deny a request for a variance under section 4469 of this title. Added 2003, No. 115 (Adj. Sess.), § 106; amended 2023, No. 47, § 6, eff. July 1, 2023; 2023, No. 181 (Adj. Sess.), § 59, eff. June 17, 2024.

24 V.S.A. § 4466 Notice of appeal

4466. Notice of appeal A notice of appeal shall be in writing and shall include the name and address of the appellant, a brief description of the property with respect to which the appeal is taken, a reference to the regulatory provisions applicable to that appeal, the relief requested by the appellant, and the alleged grounds why the requested relief is believed proper under the circumstances. Added 2003, No. 115 (Adj. Sess.), § 106.

24 V.S.A. § 4467 [Reserved for future use.]

24 V.S.A. § 4468 Hearing on appeal

4468. Hearing on appeal The appropriate municipal panel shall set a date and place for a public hearing of an appeal under this chapter that shall be within 60 days of the filing of the notice of appeal under section 4465 of this title. The appropriate municipal panel shall give public notice of the hearing and shall mail to the appellant a copy of that notice at least 15 days prior to the hearing date. Any person or body empowered by section 4465 of this title to take an appeal with respect to that property at issue may appear and be heard in person or be represented by an agent or attorney at the hearing. Any hearing held under this section may be adjourned by the appropriate municipal panel from time to time; provided, however, that the date and place of the adjourned hearing shall be announced at the hearing. All hearings under this section shall be open to the public and the rules of evidence applicable at these hearings shall be the same as the rules of evidence applicable in contested cases in hearings before administrative agencies as set forth in 3 V.S.A. § 810. Added 2003, No. 115 (Adj. Sess.), § 106.

24 V.S.A. § 4469 Appeal; variances

4469. Appeal; variances (a) On an appeal under section 4465 or 4471 of this title or on a referral under subsection 4460(e) of this title in which a variance from the provisions of a bylaw or interim bylaw is requested for a structure that is not primarily a renewable energy resource structure, the board of adjustment or the development review board or the Environmental Division created under 4 V.S.A. chapter 27 shall grant variances and render a decision in favor of the appellant, if all the following facts are found, and the finding is specified in its decision: (1) There are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to these conditions, and not the circumstances or conditions generally created by the provisions of the bylaw in the neighborhood or district in which the property is located. (2) Because of these physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the bylaw, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property. (3) Unnecessary hardship has not been created by the appellant. (4) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to the public welfare. (5) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the bylaw and from the plan. (b) On an appeal under section 4465 or 4471 of this title in which a variance from the provisions of a bylaw or interim bylaw is requested for a structure that is primarily a renewable energy resource structure, the board of adjustment or development review board or the Environmental Division may grant that variance and render a decision in favor of the appellant if all the following facts are found, and the finding is specified in its decision: (1) It is unusually difficult or unduly expensive for the appellant to build a suitable renewable energy resource structure in conformance with the bylaws. (2) The hardship was not created by the appellant. (3) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to the public welfare. (4) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the bylaws and from the plan. (c) In rendering a decision in favor of an appellant under this section, a board of adjustment or development review board or the Environmental Division may attach such conditions to variances as it may consider necessary and appropriate under the circumstances to implement the purposes of this chapter and the plan of the municipality then in effect. (d) A variance authorized in a flood hazard area shall meet applicable federal and State rules for compliance with the National Flood Insurance Program. Added 2003, No. 115 (Adj. Sess.), § 106; amended 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 138 (Adj. Sess.), § 14, eff. May 14, 2012.

24 V.S.A. § 4470 Successive appeals; requests for reconsideration to an appropriate municipal panel

4470. Successive appeals; requests for reconsideration to an appropriate municipal panel (a) An appropriate municipal panel may reject an appeal or request for reconsideration without hearing and render a decision, which shall include findings of fact, within 10 days of the date of filing of the notice of appeal, if the appropriate municipal panel considers the issues raised by the appellant in the appeal have been decided in an earlier appeal or involve substantially or materially the same facts by or on behalf of that appellant. The decision shall be rendered, on notice given, as in the case of a decision under subdivision 4464(b)(3) of this title, and shall constitute a decision of the appropriate municipal panel for the purpose of section 4471 of this title. (b) A municipality shall enforce all decisions of its appropriate municipal panels, and further, the Superior Court’s Civil or Environmental Division shall enforce such decisions upon petition, complaint, or appeal or other means in accordance with the laws of this State by such municipality or any interested person by means of mandamus, injunction, process of contempt, or otherwise. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1993, No. 232 (Adj. Sess.), § 20, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 107; 2009, No. 154 (Adj. Sess.), § 236.

24 V.S.A. § 4470a Misrepresentation; material fact

4470a. Misrepresentation; material fact An administrative officer or appropriate municipal panel may reject an application under this chapter, including an application for a telecommunications facility, that misrepresents any material fact. After notice and opportunity for hearing in compliance with 3 V.S.A. § 809, an appropriate municipal panel may award reasonable attorney’s fees and costs to any party or person who may have become a party but for the false or misleading information or who has incurred attorney’s fees or costs in connection with the application. Added 2009, No. 54, § 48, eff. June 1, 2009.

24 V.S.A. § 4471 Appeal to Environmental Division

4471. Appeal to Environmental Division (a) Participation required. An interested person who has participated in a municipal regulatory proceeding authorized under this title may appeal a decision rendered in that proceeding by an appropriate municipal panel to the Environmental Division. Participation in a local regulatory proceeding shall consist of offering, through oral or written testimony, evidence or a statement of concern related to the subject of the proceeding. An appeal from a decision of the appropriate municipal panel, or from a decision of the municipal legislative body under subsection 4415(d) of this title, shall be taken in such manner as the Supreme Court may by rule provide for appeals from State agencies governed by 3 V.S.A. §§ 801-816, unless the decision is an appropriate municipal panel decision which the municipality has elected to be subject to review on the record. (b) Appeal on the record. If the municipal legislative body has determined (or been instructed by the voters) to provide that appeals of certain appropriate municipal panel determinations shall be on the record, has defined what magnitude or nature of development proposal shall be subject to the production of an adequate record by the panel, and has provided that the Municipal Administrative Procedure Act shall apply in these instances, then an appeal from such a decision of an appropriate municipal panel shall be taken on the record in accordance with the Vermont Rules of Civil Procedure. (c) Notice. Notice of the appeal shall be filed by certified mailing, with fees, to the Environmental Division and by mailing a copy to the municipal clerk or the administrative officer, if so designated, who shall supply a list of interested persons to the appellant within five working days. Upon receipt of the list of interested persons, the appellant shall, by certified mail, provide a copy of the notice of appeal to every interested person, and, if any one or more of those persons are not then parties to the appeal, upon motion they shall be granted leave by the Division to intervene. (d) Local Act 250 review. Notwithstanding the provisions of subsection (a) of this section, decisions of a development review board under section 4420 of this title, with respect to local Act 250 review of municipal impacts, are not subject to appeal, but shall serve as presumptions under the provisions of 10 V.S.A. chapter 151. (e) Designated areas. Notwithstanding subsection (a) of this section, a determination by an appropriate municipal panel that a residential development will not result in an undue adverse effect on the character of the area affected shall not be subject to appeal if the a proposed residential development seeking conditional use approval under subdivision 4414(3) of this title is within a designated downtown development district, designated growth center, or designated neighborhood development area. Other elements of the determination made by the appropriate municipal panel may be appealed. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 185 (Adj. Sess.), § 205, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1993, No. 232 (Adj. Sess.), § 48, eff. March 15, 1995; 1999, No. 112 (Adj. Sess.), § 1; 2003, No. 115 (Adj. Sess.), § 107; 2007, No. 176 (Adj. Sess.), § 9, eff. May 28, 2008; 2009, No. 154 (Adj. Sess.), § 236; 2015, No. 51, § F.6; 2023, No. 47, § 9, eff. July 1, 2023.

24 V.S.A. § 4472 Exclusivity of remedy; finality

4472. Exclusivity of remedy; finality (a) Except as provided in subsections (b) and (c) of this section, the exclusive remedy of an interested person with respect to any decision or act taken, or any failure to act, under this chapter or with respect to any one or more of the provisions of any plan or bylaw shall be the appeal to the appropriate panel under section 4465 of this title, and the appeal to the Environmental Division from an adverse decision upon such appeal under section 4471 of this title. The appeal to the Environmental Division, if not on the record, as allowed under section 4471 of this title, shall be governed by the Vermont Rules of Civil Procedure and such interested person shall be entitled to a de novo trial in the Environmental Division. If the appeal to the Environmental Division is on the record, according to the provisions of section 4471 of this title, it shall be governed by the Vermont Rules of Civil Procedure. Whether proceeding on the record or de novo, the court shall have and may exercise all powers and authorities of a Superior Court. (b) The remedy of an interested person with respect to the constitutionality of any one or more of the provisions of any bylaw or municipal plan shall be governed by the Vermont Rules of Civil Procedure with a de novo trial in the Superior Court, unless the issue arises in the context of another case under this chapter, in which instance it may be raised in the Environmental Division. In such cases, hearings before the appropriate municipal panel shall not be required. This section shall not limit the authority of the Attorney General to bring an action before the Environmental Division under section 4453 of this title, with respect to challenges to housing provisions in bylaws. (c) The provisions of this section shall not be construed as preventing appeals to the Supreme Court in accordance with the Vermont Rules of Civil Procedure and the Vermont Rules of Appellate Procedure. (d) Upon the failure of any interested person to appeal to an appropriate municipal panel under section 4465 of this title, or to appeal to the Environmental Division under section 4471 of this title, all interested persons affected shall be bound by that decision or act of that officer, the provisions, or the decisions of the panel, as the case may be, and shall not thereafter contest, either directly or indirectly, the decision or act, provision, or decision of the panel in any proceeding, including any proceeding brought to enforce this chapter. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 255 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 261, (Adj. Sess.), § 8, 1993, No. 232 (Adj. Sess.), § 49, eff. March 15, 1995; 2003, No. 115 (Adj. Sess.), § 107; 2009, No. 154 (Adj. Sess.), § 236.

24 V.S.A. § 4473 Purpose; limitation

4473. Purpose; limitation It is the purpose of this chapter to provide for review of all questions arising out of or with respect to the implementation by a municipality of this chapter. Except as specifically provided herein, no board of adjustment or development review board may amend, alter, invalidate, or affect any development plan or bylaw of any municipality or the implementation or enforcement thereof, or allow any use not permitted by any zoning regulations or other bylaw. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1973, No. 255, § 4, eff. April 11, 1974; 1993, No. 232 (Adj. Sess.), § 21, eff. March 15, 1995.

24 V.S.A. § 4474 Clerk’s certificate

4474. Clerk’s certificate A certificate of the clerk of a municipality showing the publication, posting, consideration, and adoption of a plan, bylaw, capital budget, or program or amendment thereof shall be presumptive evidence of the facts as they relate to the lawful adoption of said plan, bylaw, capital budget, or program or amendment thereof, so stated in any action or proceeding in court or before any board, commission, or other tribunal. Added 1973, No. 261 (Adj. Sess.), § 9; amended 1975, No. 164 (Adj. Sess.), § 10.

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