Real Property Ownership, Land Use, and Vermont Environmental Permits
Estates and co-ownership
Know fee simple absolute, life estates, and easements, and the difference between joint tenancy (right of survivorship) and tenancy in common (no survivorship, unequal shares allowed). Vermont abolished dower and curtesy but gives a surviving spouse homestead and intestate rights, so a deed signed by only one spouse can create closing problems. Vermont's homestead exemption protects a statutory amount of equity from creditors.
Local land use
Zoning and subdivision are municipal functions under 24 V.S.A. Chapter 117. A zoning permit is required before construction and a certificate of occupancy confirms compliance. Nonconforming uses may continue but generally may not be expanded without approval. Bylaws govern setbacks, lot size, and access.
State permits - Act 250
Act 250 (10 V.S.A. Chapter 151) requires a land use permit from a District Commission for development exceeding statutory thresholds - number of lots or dwelling units, acreage of commercial or industrial development, elevation, and proximity to sensitive resources - judged against the ten criteria. Local zoning approval does not substitute for Act 250, and Act 250 does not substitute for local permits.
Environmental overlays
Shoreland Protection Act rules govern clearing and impervious surface within 250 feet of protected lakes and ponds. Vermont Wetland Rules regulate activity in and near significant wetlands. Flood hazard and river corridor rules restrict development in mapped areas, and wastewater and potable water supply permits are required for new or replacement systems.
Traps
Assuming a permit runs with the land regardless of its conditions; assuming an existing use is automatically grandfathered; confusing state and municipal jurisdiction.
Rule of thumb
Ask three questions: is there a municipal permit, is there a state permit, and is there a recorded condition or easement limiting the use?