Vermont § 731 - Failure to observe land-use ordinance; conferences

§ 731. Failure to observe land-use ordinance; conferences

• (a) In the event that the supervisors of a district find that the provisions of a land-use
  ordinance adopted according to the provisions of this chapter are not being observed
  on particular lands, and that such nonobservance tends substantially to increase erosion
  on such lands and substantially interferes with the prevention or control of erosion
  or conservation of natural resources on other lands within the district, the supervisors
  may summon the owner of the land to appear before them to discuss the failure of the
  owner to observe the rules, and to perform particular work, operations, or avoidances
  as required by ordinance of the district, when the nonobservance tends substantially
  to increase erosion on the lands and substantially interferes with the prevention
  or control of erosion or conservation of natural resources on other lands within the
  district. (b) By conference thus summoned, the supervisors and the owner of land not observing the
  ordinance adopted by the district, shall together make and sign a finding as to the
  issues that are involved in the failure of the owner to observe the ordinance of the
  district. (c)(1) On the basis of such findings and if, after conference, it appears to the supervisors
  that there are great practical difficulties or unnecessary hardship involved in the
  full observance of the ordinance of the district, the supervisors shall endeavor to
  work out a program with the owner, as shall be acceptable to the owner and shall enable
  the owner to comply with the ordinance. (2)(A) Alternatively, upon the basis of their findings, the supervisors may authorize such
  variance from the ordinances in their application to the lands of the owner who has
  not complied with the ordinance of the district, when such variance will relieve practical
  difficulties or unnecessary hardship to that owner and when such variance is not contrary
  to public interest and is in accordance with the purpose of land use regulations. (B) The supervisors may request the landowner not complying with an ordinance to sign
  a stipulation setting forth the conditions agreed upon by the landowner and supervisors
  so that the practical difficulties or unnecessary hardship may be overcome and the
  work proceed by the consent of such landowner upon the land. (d) Nothing in this chapter shall be construed so as to make ineffective any remedies
  available under the laws of the State. (Amended 1995, No. 163 (Adj. Sess.), § 12, eff. May 15, 1996; 2019, No. 14, § 24, eff. April 30, 2019; 2019, No. 61, § 13.)