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Title

10

:
Conservation and Development






Chapter

151

:
STATE LAND USE AND DEVELOPMENT PLANS






Subchapter

002
:
ADMINISTRATION










 

§

6025. Rules

(a) The Board

may adopt rules of procedure for itself and the District Commissions.

(b) The Board

may adopt substantive rules, in accordance with the provisions of 3 V.S.A.

chapter 25, that interpret and carry out the provisions of this chapter. These

rules shall include provisions that establish criteria under which applications

for permits under this chapter may be classified in terms of complexity and

significance of impact under the standards of subsection 6086(a) of this

chapter. In accordance with that classification, the rules may:

(1) provide for

simplified or less stringent procedures than are otherwise required under

sections 6083, 6084, and 6085 of this chapter;

(2) provide for

the filing of notices instead of applications for the permits that would

otherwise be required under section 6081 of this chapter; and

(3) provide a

procedure by which a District Commission may authorize a district coordinator

to issue a permit that the District Commission has determined under Natural

Resources Board rules is a minor application with no undue adverse impact.

(c)(1) This

subsection shall apply to lots within a subdivision:

(A) that were

created as part of a subdivision owned or controlled by a person who may have

been required to obtain a permit under this chapter; and

(B) with respect

to which a determination has been made that a permit was needed under this

chapter; and

(C) that were

sold to a purchaser prior to January 1, 1991 without a required permit.

(2) The rules

shall provide for a modified process by which the sole purchaser, or the group

of purchasers, of one or more lots to which this subsection applies may apply

for and obtain a permit under this chapter that shall be issued in light of the

existing improvements, facts, and circumstances that pertain to the lots;

provided, however, that the requirements of this chapter shall be modified only

to the extent needed to issue those permits. For purposes of these rules, a

purchaser eligible for relief under this subsection must not have been involved

in creating the lots, must not be a person who owned or controlled the land

when it was divided or partitioned, as a person is defined in this chapter, and

must not have known at the time of purchase that the transfer was subject to a

permit requirement that had not been met.

(3) Repealed.]

(d), (e)

Repealed.]  (Added 1969, No. 250 (Adj.

Sess.), § 25, eff. April 4, 1970; amended 1973, No. 85, § 2; 1979, No. 123

(Adj. Sess.), § 4, eff. April 14, 1980; 1985, No. 52, § 3, eff. May 15, 1985;

1987, No. 186 (Adj. Sess.), eff. May 5, 1988; 1991, No. 111, § 5, eff. June 28,

1991; 2003, No. 115 (Adj. Sess.), § 49, eff. Jan. 31, 2005; 2009, No. 31, § 7;

2011, No. 138 (Adj. Sess.), § 24, eff. May 14, 2012; 2013, No. 11, §§ 10, 25.)