Vermont § 4348 - Adoption and amendment of regional plan

§ 4348. Adoption and amendment of regional plan

• (a) A regional planning commission shall adopt a regional plan. Any plan for a region,
  and any amendment, shall be prepared by the regional planning commission. At the outset
  of the planning process and throughout the process, regional planning commissions
  shall solicit the participation of each of their member municipalities, local citizens,
  and organizations by holding informal working sessions that suit the needs of local
  people. The purpose of these working sessions is to allow for meaningful participation
  as defined in 3 V.S.A. § 6002, provide consistent information about new statutory requirements related to the regional
  plan, explain the reasons for new requirements, and gather information to be used
  in the development of the regional plan and future land use element. (b) 60 days prior to holding the first public hearing on a regional plan, a regional planning
  commission shall submit a draft regional plan to the Land Use Review Board review
  and comments related to conformance of the draft with sections 4302 and 4348a of this title and chapter 139 of this title. The Board shall coordinate with other State agencies
  and respond within 60 days unless more time is granted by the regional planning commission. (c) The regional planning commission shall hold two or more public hearings within the
  region after public notice on any proposed plan or amendment. The minimum number of
  required public hearings may be specified within the bylaws of the regional planning
  commission. (d)(1) At least 30 days prior to the first hearing, a copy of the proposed plan or amendment,
  a report documenting conformance with the goals established in section 4302 of this
  chapter and the plan elements established in section 4348a of this chapter, and a
  description of any changes to the Regional Future Land Use Map with a request for
  general comments and for specific comments with respect to the extent to which the
  plan or amendment is consistent with the goals established in section 4302 of this title, shall be delivered physically or electronically with proof of receipt or sent by
  certified mail, return receipt requested, to each of the following: (A) the chair of the legislative body, or municipal manager, if any, of each municipality
  within the region; (B) the executive director of each abutting regional planning commission; (C) the Department of Housing and Community Development within the Agency of Commerce
  and Community Development and the Community Investment Board for a formal review and
  comment; (D) business, conservation, low-income advocacy, and other community or interest groups
  or organizations that have requested notice in writing prior to the date the hearing
  is warned; and (E) the Agency of Natural Resources; the Agency of Agriculture, Food and Markets; the
  Agency of Transportation; the Department of Public Service; the Department of Public
  Safety’s Division of Emergency Management; and the Land Use Review Board. (2) At least 30 days prior to the first hearing, the regional planning commission shall
  provide each of its member municipalities with a written description of map changes
  within the municipality, a municipality-wide map showing old versus new areas with
  labels, and information about the new Tier structure under 10 V.S.A. chapter 151, including how to obtain Tier 1A or 1B status, and the process for updating designated
  area boundaries. (e) Any of the foregoing bodies, or their representatives, may submit comments on the
  proposed regional plan or amendment to the regional planning commission, and may appear
  and be heard in any proceeding with respect to the adoption of the proposed plan or
  amendment. (f) The regional planning commission may make revisions to the proposed plan or amendment
  at any time not less than 30 days prior to the final public hearing held under this
  section. If the proposal is changed, a copy of the proposed change shall be delivered
  physically; electronically with proof of receipt; or by certified mail, return receipt
  requested, to the chair of the legislative body of each municipality within the region
  and to any individual or organization requesting a copy at least 30 days prior to
  the final hearing. (g) A regional plan or amendment shall be adopted by not less than a 60 percent vote of
  the commissioners representing municipalities, in accordance with the bylaws of the
  regional planning commission. (h)(1) Within 15 days following adoption, a regional planning commission shall submit its
  regionally adopted regional plan to the Land Use Review Board for a determination
  of regional plan compliance with a report documenting conformance with the goals established
  in section 4302 of this chapter and the plan elements established in section 4348a
  of this chapter and a description of any changes to the regional plan future land
  use map. (2) The Land Use Review Board shall hold a public hearing within 60 days after receiving
  a plan and provide notice of it at least 15 days in advance by direct mail or electronically
  with proof of receipt to the requesting regional planning commission, posting on the
  website of the Land Use Review Board, and publication in a newspaper of general circulation
  in the region affected. The regional planning commission shall notify its municipalities
  and post on its website the public hearing notice. (3) The Land Use Review Board shall issue the determination in writing within 15 days
  after the close of the hearing on the plan. If the determination is affirmative, a
  copy of the determination shall be provided to the regional planning commission and
  the Community Investment Board. If the determination is negative, the Land Use Review
  Board shall state the reasons for denial in writing and, if appropriate, suggest acceptable
  modifications. Submissions for a new determination that follow a negative determination
  shall receive a new determination within 45 days. (4) The Land Use Review Board’s affirmative determination shall be based upon finding
  the regional plan meets the following requirements: (A) Consistency with the State planning goals as described in section 4302 of this chapter
  with consistency determined in the manner described under subdivision 4302(f)(1) of
  this chapter. (B) Consistency with the purposes of the regional plan established in section 4347 of
  chapter. (C) Consistency with the regional plan elements as described in section 4348a of this
  chapter, except that the requirements of section 4352 of this chapter related to enhanced
  energy planning shall be the under the sole authority of the Department of Public
  Service. (D) Compatibility with adjacent regional planning areas in the manner described under
  subdivision 4302(f)(2) of this chapter. (i) Objections of interested parties. (1) An interested party who has participated in the regional plan adoption process may
  object to the approval of the plan or approval of the future land use maps by the
  Land Use Review Board within 15 days following plan adoption by the regional planning
  commission. Participation is defined as providing written or oral comments stating
  objections for consideration at a public hearing held by the regional planning commission.
  Objections shall be submitted using a form provided by the Land Use Review Board. (2) As used in this section, an “interested party” means any one of the following: (A) Any 20 persons by signed petition who own property or reside within the region. The
  petition must designate one person to serve as the representative of the petitioners
  regarding all matters related to the objection. The designated representative shall
  have participated in the regional plan adoption process. (B) A party entitled to notice under subsection (d) of this section. (3) Any objection under this section shall be limited to the question of whether the regional
  plan is consistent with the regional plan elements and future land use areas as described
  in section 4348a of this title. The requirements of section 4352 of this title related to enhanced energy planning shall be under the sole authority of the Department
  of Public Service and shall not be reviewed by the Land Use Review Board. (4) The Land Use Review Board shall hear any objections of regional plan adoption concurrently
  with regional plan review under subsection (h) of this section and 10 V.S.A. § 6033. The Land Use Review Board decision of approval of a regional plan shall expressly
  evaluate any objections and state the reasons for their decisions in writing. If applicable,
  the decision to uphold an objection shall suggest modifications to the regional plan. (j) Minor amendments to regional plan future land use map. A regional planning commission
  may submit a request for a minor amendment to boundaries of a future land use area
  for consideration by the Land Use Review Board with a letter of support from the municipality.
  The request may only be submitted after an affirmative vote of the municipal legislative
  body and the regional planning commission board. The Land Use Review Board, after
  consultation with the Community Investment Board and the regional planning commissions,
  shall provide guidance about what constitutes a minor amendment. Minor amendments
  may include any change to a future land use area consisting of fewer than 10 acres.
  A minor amendment to a future land use area shall not require an amendment to a regional
  plan and shall be included in the next iteration of the regional plan. The Board may
  adopt rules to implement this section. (k) An affirmative determination of regional plan compliance issued pursuant to this section
  shall remain in effect until the end of the period for expiration or readoption of
  the plan to which it applies. (l) Regional planning commissions shall be provided up to 18 months from a negative determination
  by the Land Use Review Board to obtain an affirmative determination of regional plan
  compliance. If a regional planning commission is unable to obtain affirmative determination
  of regional plan compliance, the plan shall be considered unapproved and member municipalities
  shall lose any associated benefits related to designations, such as Act 250 exemptions
  or eligibility for State infrastructure investments. (m) Upon approval by the Land Use Review Board, the plan shall be considered duly adopted,
  shall take effect, and is not appealable. The plan shall be immediately submitted
  to the entities listed in subsection (d) of this section. (n) Regional plans may be reviewed from time to time and may be amended in the light of
  new developments and changed conditions affecting the region. (o) In proceedings under 10 V.S.A. chapter 151, 10 V.S.A. chapter 159, and 30 V.S.A. § 248, in which the provisions of a regional plan or a municipal plan are relevant to the
  determination of any issue in those proceedings: (1) the provisions of the regional plan shall be given effect to the extent that they
  are not in conflict with the provisions of a duly adopted municipal plan; and (2) to the extent that such a conflict exists, the regional plan shall be given effect
  if it is demonstrated that the project under consideration in the proceedings would
  have a substantial regional impact as determined by the definition in the regional
  plan. (p) Regional planning commissions shall adopt a regional plan in conformance with this
  title on or before December 31, 2026. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1971, No. 257 (Adj. Sess.), § 5, eff. April 11, 1972; 1979, No. 174 (Adj. Sess.), § 7; 1981, No. 132 (Adj. Sess.), § 7; 1987, No. 200 (Adj. Sess.), § 24, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 4a; 1989, No. 286 (Adj. Sess.), § 11, eff. June 22, 1990; 1995, No. 190 (Adj. Sess.), § 1(a); 2009, No. 146 (Adj. Sess.), § G5, eff. June 1, 2010; 2015, No. 64, § 28; 2017, No. 197 (Adj. Sess.), § 12; 2023, No. 181 (Adj. Sess.), § 48, eff. June 17, 2024.)