§6091. Renewals and nonuse

Link to law: http://legislature.vermont.gov/statutes/section/10/151/06091
Published: 2015

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Title

10

:
Conservation and Development






Chapter

151

:
STATE LAND USE AND DEVELOPMENT PLANS






Subchapter

004
:
PERMITS










 

§

6091. Renewals and nonuse

(a) Renewal. At

the expiration of each permit, it may be renewed under the same procedure

herein specified for an original application.

(b) Nonuse of

permit. Nonuse of a permit for a period of three years following the date of

issuance shall constitute an abandonment of the development or subdivision and

the permit shall be considered expired. For purposes of this section, for a

permit to be considered "used," construction must have commenced and

substantial progress toward completion must have occurred within the three-year

period, unless construction is delayed by litigation or proceedings to secure

other permits or to secure title through foreclosure, or unless, at the time

the permit is issued or in a subsequent proceeding, the District Commission

provides that substantial construction may be commenced more than three years

from the date the permit is issued.

(c) Extensions.

If the application is made for an extension prior to expiration the District

commission may grant an extension and may waive the necessity of a hearing.

(d) Completion

dates for developments and subdivisions. Permits shall include dates by which

there shall be full or phased completion. The Natural Resources Board, by rule,

shall establish requirements for review of those portions of developments and

subdivisions that fail to meet their completion dates, giving due consideration

to fairness to the parties involved, competing land use demands, and cumulative

impacts on the resources involved. If completion has been delayed by

litigation, proceedings to secure other permits, proceedings to secure title

through foreclosure, or because of market conditions, the District Commission

shall provide that the completion dates be extended for a reasonable period of

time. (Added 1969, No. 250 (Adj. Sess.), § 17, eff. April 4, 1970; amended

1991, No. 111, § 2 eff. June 28, 1991; 1993, No. 232 (Adj. Sess.), § 36, eff.

June 21, 1994; 2003, No. 115 (Adj. Sess.), § 59, eff. January 31, 2005; 2013,

No. 11, § 25.)
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