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The Vermont Statutes Online
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.)