State of Vermont Office of the Secretary of State

THE ADOPTION PROCESS

Zoning and Subdivision bylaws are adopted, amended and repealed using a single process established by statute. The planning commission, selectboard and voters all have well-defined roles, which may vary depending upon whether the bylaw was submitted by petition, and whether the town is a "rural" or "urban" municipality.

Valid Town Plan. A pre-requisite for adopting zoning or subdivision bylaws is having in place a planning commission and a valid town plan. 24 V.S.A. § 4401.

Preparation of Bylaws. The first step in the adoption process is the preparation of bylaws by the planning commission. Bylaws may also be proposed by the public; and if they are presented by petition of 5% of the voters, the planning commission must not make any changes to the proposed bylaw, except to correct technical deficiencies, and proceed as though the proposed bylaw, amendment or repeal had been prepared by the commission. 24 V.S.A. § 4403.

Planning Commission Reports, Notice and Hearings. The planning commission must prepare a written report if the bylaw would affect the zoning designation of any land area. 24 V.S.A. § 4403(c). The planning commission must hold at least one public hearing before submitting the proposal to the selectboard. 24 V.S.A. § 4403(d). The hearing must be warned by posting notice in at least one public place, no less than fifteen days prior to the hearing, noting the date, place and purpose of the hearing, along with the full text or concise summary of the proposed bylaw or amendments. The notice must also be published in a newspaper of general circulation in the community. 24 V.S.A. § 4447. In the alternative, the full text of the zoning bylaw or amendments, or a concise summary can be mailed to every voter and landowner in the community. The proposal must also be sent to the planning commission of neighboring communities, the regional planning commission and to the department of Housing and Community Affairs. After the hearing the planning commission can make changes to the proposal and then submits it to the legislative body. 24 V.S.A. § 4404.

Hearing Before The Legislative Body. The legislative body of the municipality must hold at least one public hearing, warned by posting and publishing as described above. The first hearing must be held no less than 30 nor more than 120 days after the proposal has been submitted. 24 V.S.A. § 4404(b). The legislative body may make minor changes to the proposal no less than fifteen days before the final public hearing. The planning commission must be given notice of the changes and an opportunity to provide a report on their effect. If the changes are substantial, the planning commission must warn a new public hearing. 24 V.S.A. § 4404; In re cottrell, 158 Vt. 500 (1992).

Voting on Bylaws. There are a number of methods for voting on bylaws. In a rural municipality (population under 2500) the proposal is adopted by an Australian ballot vote, unless the municipality has elected (by Australian ballot) to have their bylaws adopted by vote of the legislative body, subject to petition for permissive referendum. 24 V.S.A. § 4404(d). In an Urban Municipality zoning is enacted by vote of the legislative body and becomes effective within 21 days unless a petition is filed requesting a permissive referendum. An extra-majority (2/3) vote may be required if a petition of 5% of the voters or 40% of the affected landowners file written protest least 15 days before the vote. Special notice requirements apply in rural towns who are subject to extra-majority vote. 24 V.S.A. § 4404.

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