Municipal Development Plan

V.S.A. tit. 24, ch. 117, subch. 5

in effect

24 V.S.A. § 4381 Authorization

4381. Authorization Any municipality may undertake a comprehensive planning program, including related preliminary planning and engineering studies, and prepare, maintain, and implement a plan within its jurisdiction in accordance with this chapter. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1987, No. 200 (Adj. Sess.), § 9, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 4b.

24 V.S.A. § 4382 The plan for a municipality

4382. The plan for a municipality (a) A plan for a municipality shall be consistent with the goals established in section 4302 of this title and compatible with approved plans of other municipalities in the region and with the regional plan and shall include the following: (1) A statement of objectives, policies, and programs of the municipality to guide the future growth and development of land, public services, and facilities, and to protect the environment. (2) A land use plan, which shall consist of a map and statement of present and prospective land uses, that: (A) Indicates those areas proposed for forests, recreation, agriculture (using the agricultural lands identification process established in 6 V.S.A. § 8), residence, commerce, industry, public and semi-public uses, and open spaces, areas reserved for flood plain, and areas identified by the State, the regional planning commission, or the municipality that require special consideration for aquifer protection; for wetland protection; for the maintenance of forest blocks, wildlife habitat, and habitat connectors; or for other conservation purposes. (B) Sets forth the present and prospective location, amount, intensity, and character of such land uses and the appropriate timing or sequence of land development activities in relation to the provision of necessary community facilities and service. (C) Identifies those areas, if any, proposed for designation under chapter 76A of this title and for status under 10 V.S.A. §§ 6033 and 6034, together with, for each area proposed for designation, an explanation of how the designation would further the plan’s goals and the goals of section 4302 of this title, and how the area meets the requirements for the type of designation to be sought. (D) Indicates those areas that are important as forest blocks and habitat connectors and plans for land development in those areas to minimize forest fragmentation and promote the health, viability, and ecological function of forests. A plan may include specific policies to encourage the active management of those areas for wildlife habitat, water quality, timber production, recreation, or other values or functions identified by the municipality. (3) A transportation plan, consisting of a map and statement of present and prospective transportation and circulation facilities showing existing and proposed highways and streets by type and character of improvement, and where pertinent, parking facilities, transit routes, terminals, bicycle paths and trails, scenic roads, airports, railroads, and port facilities, and other similar facilities or uses, with indications of priority of need. (4) A utility and facility plan, consisting of a map and statement of present and prospective community facilities and public utilities showing existing and proposed educational, recreational and other public sites, buildings and facilities, including hospitals, libraries, power generating plants and transmission lines, water supply, sewage disposal, refuse disposal, storm drainage, and other similar facilities and activities, and recommendations to meet future needs for community facilities and services, with indications of priority of need, costs, and method of financing. (5) A statement of policies on the preservation of rare and irreplaceable natural areas, scenic and historic features, and resources. (6) An educational facilities plan consisting of a map and statement of present and projected uses and the local public school system. (7) A recommended program for the implementation of the objectives of the development plan. (8) A statement indicating how the plan relates to development trends and plans for adjacent municipalities, areas, and the region developed under this title. (9) An energy plan, including an analysis of energy resources, needs, scarcities, costs and problems within the municipality, a statement of policy on the conservation of energy, including programs, such as thermal integrity standards for buildings, to implement that policy, a statement of policy on the development of renewable energy resources, a statement of policy on patterns and densities of land use likely to result in conservation of energy. (10) A housing element that shall include a recommended program for public and private actions to address housing needs and targets as identified by the regional planning commission pursuant to subdivision 4348a(a)(9) of this title. The housing element shall also include an analysis of any regulatory, labor, and physical constraints preventing the development, redevelopment, or rehabilitation of sufficient housing to meet the housing needs and targets, and a description of what actions the municipality may take to accommodate the projected housing needs. The program shall use data on year-round and seasonal dwellings and include specific actions to address the housing needs of persons with low income and persons with moderate income and account for permitted residential development as described in section 4412 of this title. Progress toward the construction of the housing units identified as needed to meet projected housing targets shall be documented within the housing element and updated as appropriate when the plan is amended or readopted according to section 4385 or 4387 of this title, as the case may be. (11) An economic development element that describes present economic conditions and the location, type, and scale of desired economic development, and identifies policies, projects, and programs necessary to foster economic growth. (12)(A) A flood resilience plan that: (i) identifies flood hazard and fluvial erosion hazard areas, based on river corridor maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected, including floodplains, river corridors, land adjacent to streams, wetlands, and upland forests, to reduce the risk of flood damage to infrastructure and improved property; and (ii) recommends policies and strategies to protect the areas identified and designated under subdivision (12)(A)(i) of this subsection and to mitigate risks to public safety, critical infrastructure, historic structures, and municipal investments. (B) A flood resilience plan may reference an existing local hazard mitigation plan approved under 44 C.F.R. § 201.6. (12)(A) A flood resilience plan that: (i) identifies flood hazard and fluvial erosion hazard areas, based on river corridor maps provided by the Secretary of Natural Resources pursuant to 10 V.S.A. § 1428(a) or maps recommended by the Secretary, and designates those areas to be protected, including floodplains, river corridors, land adjacent to streams, wetlands, and upland forests, to reduce the risk of flood damage to infrastructure and improved property; and (ii) recommends policies and strategies to protect the areas identified and designated under subdivision (12)(A)(i) of this subsection and to mitigate risks to public safety, critical infrastructure, historic structures, and municipal investments. These strategies shall include adoption and implementation of the State Flood Hazard Area Standards. (B) A flood resilience plan may reference an existing local hazard mitigation plan approved under 44 C.F.R. § 201.6. (b) The maps called for by this section may be incorporated on one or more maps, and may be referred to in each separate statement called for by this section. (c) Where appropriate, and to further the purposes of subsection 4302(b) of this title, a municipal plan shall be based upon inventories, studies, and analyses of current trends and shall consider the probable social and economic consequences of the proposed plan. Such studies may consider or contain, but not be limited to: (1) population characteristics and distribution, including income and employment; (2) the existing and projected housing needs by amount, type, and location for all economic groups within the municipality and the region; (3) existing and estimated patterns and rates of growth in the various land use classifications, and desired patterns and rates of growth in terms of the community’s ability to finance and provide public facilities and services. (d) Where appropriate, a municipal plan may provide for the use of “transit passes” or other evidence of reduced demand for parking spaces in lieu of parking spaces. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 7, eff. April 11, 1972; 1975, No. 236 (Adj. Sess.), § 2; 1979, No. 174 (Adj. Sess.), § 8; 1985, No. 188 (Adj. Sess.), § 10; 1987, No. 200 (Adj. Sess.), §§ 8, 10, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 7; 1991, No. 130 (Adj. Sess.), § 2; 1995, No. 122 (Adj. Sess.), § 2, eff. Apr. 25, 1996; 2003, No. 115 (Adj. Sess.), § 89; 2011, No. 52, § 33, eff. July 1, 2012; 2013, No. 16, § 4, eff. July 1, 2014; 2013, No. 146 (Adj. Sess.), § 6, eff. May 27, 2014; 2015, No. 171 (Adj. Sess.), § 17, eff. Jan. 1, 2018; 2023, No. 47, § 12, eff. July 1, 2023; 2023, No. 121 (Adj. Sess.), § 8, eff. Jan. 1, 2028; 2023, No. 181 (Adj. Sess.), § 30, eff. June 17, 2024; 2023, No. 181 (Adj. Sess.), § 51, eff. June 17, 2024; 2025, No. 179 (Adj. Sess.), § 8, eff. July 1, 2026.

24 V.S.A. § 4384 Preparation of plan; hearings by planning commission

4384. Preparation of plan; hearings by planning commission (a) A municipality may have a plan. Any plan for a municipality shall be prepared by the planning commission of that municipality. At the outset of the planning process and throughout the process, planning commissions shall solicit the participation of local citizens and organizations by holding informal working sessions that suit the needs of local people. An amendment or repeal of a plan may be prepared by or at the direction of the planning commission or by any other person or body. (b) If any person or body other than a municipal planning commission prepares an amendment to a plan, that person or body shall submit the amendment in writing and all supporting documents to the municipal planning commission. The planning commission may then proceed as if the amendment had been prepared by the commission. However, if the proposed amendment is supported by a petition signed by not less than five percent of the voters of the municipality, the planning commission shall correct any technical deficiency and shall, without otherwise changing the amendment, promptly proceed in accordance with subsections (c) through (f) of this section as if it had been prepared by the commission. (c) When considering an amendment to a plan, the planning commission shall prepare a written report on the proposal. The report shall address the extent to which the plan, as amended, is consistent with the goals established in section 4302 of this title. If the proposal would alter the designation of any land area, the report should cover the following points: (1) The probable impact on the surrounding area, including the effect of any resulting increase in traffic, and the probable impact on the overall pattern of land use. (2) The long-term cost or benefit to the municipality, based upon consideration of the probable impact on: (A) the municipal tax base; and (B) the need for public facilities. (3) The amount of vacant land which is: (A) already subject to the proposed new designation; and (B) actually available for that purpose, and the need for additional land for that purpose. (4) The suitability of the area in question for the proposed purpose, after consideration of: (A) appropriate alternative locations; (B) alternative uses for the area under consideration; and (C) the probable impact of the proposed change on other areas similarly designated. (5) The appropriateness of the size and boundaries of the area proposed for change, with respect to the area required for the proposed use, land capability, and existing development in the area. (d) The planning commission shall hold at least one public hearing within the municipality after public notice on any proposed plan or amendment. (e) At least 30 days prior to the first hearing, a copy of the proposed plan or amendment and the written report shall be delivered physically or electronically with proof of receipt, or mailed by certified mail, return receipt requested, to each of the following: (1) the chair of the planning commission of each abutting municipality, or in the absence of any planning commission in an abutting municipality, to the clerk of that municipality; (2) the executive director of the regional planning commission of the area in which the municipality is located; (3) the Department of Housing and Community Development within the Agency of Commerce and Community Development; and (4) business, conservation, low-income advocacy, and other community or interest groups or organizations that have requested notice in writing prior to the date the hearing is warned. Any of the foregoing bodies, or their representatives, may thereafter submit comments on the proposed plan or amendment to the planning commission, and may appear and be heard in any further proceeding with respect to the adoption of the proposed plan or amendment. The planning commission shall demonstrate that it has solicited comment from planning commissions of abutting municipalities and from the regional planning commission with respect to the compatibility of their respective plans with its own plan. (f) The planning commission may make revisions to the proposed plan or amendment and to any written report, and shall thereafter submit the proposed plan or amendment and any written report to the legislative body of the municipality. However, if requested by the legislative body, or if a proposed amendment was supported by a petition signed by not less than five percent of the voters of the municipality, the planning commission shall promptly submit the amendment, with changes only to correct technical deficiencies, to the legislative body of the municipality, together with any recommendation or opinion it considers appropriate. Simultaneously with the submission, the planning commission shall file with the clerk of the municipality a copy of the proposed plan or amendment, and any written report, for public review. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 8, eff. April 11, 1972; 1981, No. 132 (Adj. Sess.), § 9; 1987, No. 200 (Adj. Sess.), § 11, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 8; 1995, No. 190 (Adj. Sess.), § 1(a); 2017, No. 197 (Adj. Sess.), § 14.

24 V.S.A. § 4385 Adoption and amendment of plans; hearing by legislative body

4385. Adoption and amendment of plans; hearing by legislative body (a) Not less than 30 nor more than 120 days after a proposed plan or amendment is submitted to the legislative body of a municipality under section 4384 of this title, the legislative body of a municipality with a population of 2,500 persons or less shall hold the first of one or more public hearings, after public notice, on the proposed plan or amendment, and shall make copies of the proposal and any written report by the planning commission available to the public on request. A municipality with a population of more than 2,500 persons shall hold two or more such hearings. Failure to hold a hearing within the 120 days shall not invalidate the adoption of the plan or amendment. (b)(1) The legislative body may change the proposed plan or amendment, but shall not do so less than 15 days prior to the final public hearing. If the legislative body at any time makes substantial changes in the concept, meaning, or extent of the proposed plan or amendment, it shall warn a new public hearing or hearings under subsection (a) of this section. (2) If any part of the proposal is changed, the legislative body, at least 15 days prior to the hearing, shall file a copy of the changed proposal with the clerk of the municipality, with any individual or organization requesting a copy in writing, and with the planning commission. The planning commission shall submit to the legislative body at or prior to the public hearing a report that analyzes the extent to which the changed proposal, when taken together with the rest of the plan, is consistent with the legislative goals established in section 4302 of this title. (c) A plan of a municipality or an amendment thereof shall be adopted by a majority of the members of its legislative body at a meeting which is held after the final public hearing. If, however, at a regular or special meeting of the voters duly warned and held as provided in 17 V.S.A. chapter 55, a municipality elects to adopt or amend municipal plans by Australian ballot, that procedure shall then apply unless rescinded by the voters at a regular or special meeting similarly warned and held. If the proposed plan or amendment is not adopted so as to take effect within one year after the date of the final hearing of the planning commission, it shall be considered rejected by the municipality. Plans and amendments shall be effective upon adoption. Copies of newly adopted plans and amendments shall be provided to the regional planning commission and to the Commissioner of Housing and Community Development within 30 days after adoption, which may be done electronically, provided the sender has proof of receipt. If a municipality wishes its plan or plan amendment to be eligible for approval under the provisions of section 4350 of this title, it shall request approval. The request for approval may be before or after adoption of the plan by the municipality, at the option of the municipality. (d) Plans may be reviewed from time to time and may be amended in the light of new developments and changed conditions affecting the municipality. An amendment to a plan does not affect or extend the plan’s expiration date. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1981, No. 132 (Adj. Sess.), § 10; 1987, No. 200 (Adj. Sess.), §§ 12, 13, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 9; 2015, No. 90 (Adj. Sess.), § 2; 2017, No. 197 (Adj. Sess.), § 15; 2023, No. 6, § 259, eff. July 1, 2023.

24 V.S.A. § 4387 Readoption of plans

4387. Readoption of plans (a) All plans, including all prior amendments, shall expire every eight years unless they are readopted according to the procedures in section 4385 of this title. (b)(1) A municipality may readopt any plan that has expired or is about to expire. Prior to any readoption, the planning commission shall review and update the information on which the plan is based, and shall consider this information in evaluating the continuing applicability of the plan. In its review, the planning commission shall: (A) consider the recommendations of the regional planning commission provided pursuant to subdivision 4350(c)(2) of this title; (B) engage in community outreach and involvement in updating the plan; (C) consider consistency with the goals established in section 4302 of this title; (D) address the required plan elements under section 4382 of this title; (E) evaluate the plan for internal consistency among plan elements, goals, objectives, and community standards; (F) address compatibility with the regional plan and the approved plans of adjoining municipalities; and (G) establish a program and schedule for implementing the plan. (2) The readopted plan shall remain in effect for the ensuing eight years unless earlier readopted. (c) Upon the expiration of a plan, all bylaws and capital budgets and programs then in effect shall remain in effect, but shall not be amended until a plan is in effect. (d) The fact that a plan has not been approved shall not make it inapplicable, except as specifically provided by this chapter. Bylaws, capital budgets, and programs shall remain in effect, even if the plan has not been approved. Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1975, No. 164 (Adj. Sess.), § 4; 1981, No. 132 (Adj. Sess.), § 11; 1987, No. 200 (Adj. Sess.), § 14, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 10; 2015, No. 90 (Adj. Sess.), § 3.

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