Vermont S 133: An act relating to juvenile jurisdiction

Bill Text

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S.133 1
Introduced by Senators Ram Hinsdale, Chittenden and Clarkson 2
Referred to Committee on 3
Date: 4
Subject: Conservation and development; land use; municipal zoning; Act 250; 5
sawmills; brownfields 6
Statement of purpose of bill as introduced: This bill proposes to make multiple 7
changes related to municipal zoning, the State land use and development law, 8
and brownfields. 9
An act relating to land use, housing, and brownfields 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
* * * Municipal Zoning * * * 12
Sec. 1. 24 V.S.A. § 4412(15) and (16) are added to read: 13
(15) Notwithstanding any other provision of law to the contrary, no 14
zoning or subdivision bylaw shall have the effect of prohibiting related 15
occupants from constructing additional dwelling units on the same parcel. 16
(16) If an area of a municipality has been zoned for industrial use, but is 17
later changed to allow residential development, the area shall allow five or 18
more units per acre. 19

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Sec. 2. 24 V.S.A. § 4303 is amended to read: 1
§ 4303. DEFINITIONS 2
The following definitions shall apply throughout this chapter unless the 3
context otherwise requires: 4
* * * 5
(42)(A) An area “served by municipal sewer and water infrastructure” 6
means an area adjacent to a road with water and sewer lines where there is 7
capacity or capacity is being added imminently to accommodate housing and 8
is: 9
(i) an area where residential connections and expansions are 10
available to municipal water and direct and indirect discharge wastewater 11
systems and not prohibited by: 12
(I) State regulations or permits; 13
(II) identified capacity constraints; or 14
(III) municipally adopted service and capacity agreements; or 15
(ii) an area established by the municipality by ordinance or bylaw 16
where residential connections and expansions are available to municipal water 17
and direct and indirect discharge wastewater systems and which may exclude: 18
(I) flood hazard or inundation areas as established by statute, 19
river corridors or fluvial erosion areas as established by statute, shorelands, 20
areas within a zoning district or overlay district the purpose of which is natural 21

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resource protection, and wherever year-round residential development is not 1
allowed; 2
(II) areas with identified service limits established by State 3
regulations or permits, identified capacity constraints, or municipally adopted 4
service and capacity agreements; 5
(III) areas served by sewer and water to address an identified 6
community-scale public health hazard or environmental hazard; 7
(IV) areas serving a mobile home park that is not within an area 8
planned for year-round residential growth; 9
(V) areas serving an industrial site or park; 10
(VI) areas where service lines are located to serve the areas 11
described in subdivisions (III)–(V) of this subdivision (ii), but no connections 12
or expansions are permitted; or 13
(VII) areas that, through an approved Planned Unit 14
Development under section 4417 of this title or Transfer of Development 15
Rights under section 4423 of this title, prohibit year-round residential 16
development. 17
(B) Municipally adopted areas served by municipal sewer and water 18
infrastructure that limit sewer and water connections and expansions shall not 19
result in the unequal treatment of housing by discriminating against a year-20
round residential use or housing type otherwise allowed in this chapter. 21

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Sec. 3. REPORT; INCLUSIONARY ZONING TOOL 1
On or before January 15, 2026, the Commissioner of Housing and 2
Community Development shall report to the Senate Committee on Economic 3
Development, Housing and General Affairs and the House Committee on 4
Environment on the development of a density algorithm for calculating 5
inclusionary zoning unit amounts that can be used in municipalities with 6
inclusionary zoning. 7
Sec. 4. MINIMAL DESIGN STANDARDS REPORT 8
On or before July 1, 2026, the Commissioner of Housing and Community 9
Development shall report to the Senate Committee on Economic Development, 10
Housing and General Affairs and the House Committee on Environment on 11
whether the State should adopt minimal design standards for construction that 12
could be used to reduce municipal permit processing. The Commissioner may 13
review what other states, including Maine, have done. 14
* * * Act 250 * * * 15
Sec. 5. 10 V.S.A. § 6034 is amended to read: 16
§ 6034. TIER 1A AREA STATUS 17
* * * 18
(b) Tier 1A area status requirements. 19
(1) To obtain a Tier 1A area status under this section, a municipality 20
shall demonstrate to the Board that it has each of the following: 21

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