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The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE
: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title
24
Municipal and County Government
Chapter
117
Municipal and Regional Planning and Development
Subchapter
011
APPEALS
(Cite as: 24 V.S.A. § 4465)
§ 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.)
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