Vermont 2025-2026 Regular Session

Vermont House Bill H0042 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.42
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5	5	VT LEG #379302 v.1
6	6	H.42 1
7	7	Introduced by Representatives Stevens of Waterbury, Bos-Lun of 2
8	8	Westminster, Cole of Hartford, LaMont of Morristown, 3
9	9	McCann of Montpelier, Pouech of Hinesburg, and Priestley of 4
10	10	Bradford 5
11	11	Referred to Committee on 6
12	12	Date: 7
13	13	Subject: Housing; municipal and county government; municipal zoning; 8
14	14	zoning appeals 9
15	15	Statement of purpose of bill as introduced: This bill proposes to establish the 10
16	16	Housing Board of Appeals to hear appeals of zoning decisions related to the 11
17	17	construction of housing. 12
18	18	An act relating to the creation of the Housing Board of Appeals 13
19	19	It is hereby enacted by the General Assembly of the State of Vermont: 14
20	20	Sec. 1. 24 V.S.A. chapter 116 is added to read: 15
21	21	CHAPTER 116. HOUSING BOARD OF APPEALS 16
22	22	§ 4201. BOARD ESTABLISHED 17
23	23	(a) Board established. There is established the Housing Board of Appeals 18
24	24	to hear appeals of municipal zoning decisions on housing projects. The Board 19
25	25	shall be composed of three members who shall be experienced in land use law 20 BILL AS INTRODUCED H.42
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30	30	or housing development, or both. At least one member shall be an attorney 1
31	31	licensed to practice law in the State of Vermont, and at least one member shall 2
32	32	be either a professional engineer or land surveyor. The members of the Board 3
33	33	shall be full-time employees and shall not engage in any other employment, 4
34	34	appointments, or duties during their terms that are in conflict with their duties 5
35	35	as members of the Board. 6
36	36	(b) Terms; chair. The members of the Board shall be appointed by the 7
37	37	Supreme Court for a term of five years and until their successors are appointed 8
38	38	and qualified; provided, however, that any vacancy on the Board shall be filled 9
39	39	for the unexpired term. The initial members of the Board shall serve staggered 10
40	40	terms of three, four, and five years. The Supreme Court shall designate one 11
41	41	member as chair to serve in that capacity for the duration of the member’s 12
42	42	term. 13
43	43	(c) Removal. Any member may be removed by the same authority for 14
44	44	inefficiency, neglect of duty, or malfeasance in office. Before removal, the 15
45	45	member shall be furnished with a copy of the charges and have an opportunity 16
46	46	to be heard in defense. 17
47	47	(d) Salary. Each member of the Board shall receive the same annual salary 18
48	48	as a Superior Court Judge and compensation for reasonable expenses, 19
49	49	including transportation. 20
50	50	(e) Duties. 21 BILL AS INTRODUCED H.42
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55	55	(1) The Board shall have the power and authority to hear and affirm, 1
56	56	reverse, or modify, in whole or in part, appeals of final decisions of appropriate 2
57	57	municipal panels regarding questions of housing and housing development. 3
58	58	This shall include decisions on municipal zoning permits, subdivisions, 4
59	59	variances, and other municipal permits and fees applicable to housing and 5
60	60	housing developments. 6
61	61	(2) Matters subject to the Board’s authority may include mixed-use 7
62	62	combinations of residential and nonresidential uses, which may occur on 8
63	63	separate properties, provided such properties are all part of a common scheme 9
64	64	of development. 10
65	65	(3) In exercising its authority under this chapter, the Board shall have 11
66	66	the power to award all remedies available to the Superior Court in similar 12
67	67	cases, including permission to develop the proposed housing. 13
68	68	(4) After local remedies have been exhausted, an appeal may be brought 14
69	69	before the Board by the applicant or by any other person aggrieved as defined 15
70	70	in 10 V.S.A. § 8502. The municipality shall be a party to the action. If the 16
71	71	applicant is not the party initiating the action before the Board, then the 17
72	72	applicant shall automatically be an intervenor. 18
73	73	(5) The Board shall have authority to administer oaths and to compel the 19
74	74	attendance of witnesses to proceedings before it. The Board shall have the 20
75	75	power to subpoena and subpoena duces tecum. A subpoena or subpoena duces 21 BILL AS INTRODUCED H.42
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80	80	tecum of the Board may be served by any person designated in the subpoena or 1
81	81	subpoena duces tecum to serve it. Any testimony given by a person duly 2
82	82	sworn shall be subject to the pains and penalties of perjury. All applications or 3
83	83	petitions to the Board for which no filing fee has been otherwise specified by 4
84	84	statute shall be accompanied by a $250.00 filing fee. 5
85	85	(f) Quorum; disqualification; temporary members. In all matters, a 6
86	86	majority of the Board shall constitute a quorum to transact business. No 7
87	87	member of the Board shall represent a party or testify as an expert witness or 8
88	88	render any professional service for any party or interest before the Board, and 9
89	89	any member having an interest in the subject matter shall be disqualified to act. 10
90	90	In the event of a disqualification or temporary disability of a member or 11
91	91	members of the Board, the Board shall appoint any temporary Board members 12
92	92	as shall be necessary. Temporary Board members shall serve with respect to a 13
93	93	matter until the same has been fully disposed of before the Board. Temporary 14
94	94	Board members shall have the same qualifications as regular Board members 15
95	95	in whose place they are acting. A temporary Board member shall be 16
96	96	compensated at the rate of $75.00 for each day devoted to the work of the 17
97	97	Board and shall be reimbursed the necessary and reasonable expenses incurred 18
98	98	in the performance of the temporary Board member’s duties. In the event of a 19
99	99	vacancy on the Board, the appellant may elect to continue the proceedings 20
100	100	while awaiting the appointment of a successor Board member. 21 BILL AS INTRODUCED H.42
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105	105	(g) Staff and office. The Board shall have such clerical, administrative, and 1
106	106	technical staff as may be necessary. The Board shall have an office in which 2
107	107	its records, documents, and books shall be kept and with a suitable room in 3
108	108	which it may hold hearings. 4
109	109	§ 4202. HOUSING APPEALS 5
110	110	(a) In matters within its authority, the Board shall have concurrent, 6
111	111	appellate jurisdiction with the Superior Court. Any party seeking to appeal a 7
112	112	municipal zoning decision on a housing project shall bring the appeal to the 8
113	113	Board. The decision to bring an appeal before the Board shall be deemed a 9
114	114	waiver of any right to bring an action in the Superior Court but shall not 10
115	115	abrogate any party’s right to appeal decisions of the Board to the Supreme 11
116	116	Court; as such, the Board shall retain jurisdiction of any matter originally 12
117	117	brought before it. At any time during an appeal to the Board, if the Board 13
118	118	determines that it does not have jurisdiction to hear the appeal, the appellant 14
119	119	shall have 30 days to file an appeal with the Superior Court. 15
120	120	(b) In an appeal of a local decision on housing or housing development, 16
121	121	any claim that is within the Board’s authority and that has previously been or is 17
122	122	subsequently included in an appeal in Superior Court by another party to the 18
123	123	decision or by any other aggrieved or injured party who can demonstrate legal 19
124	124	standing to appeal shall automatically be stayed by the court to provide the 20
125	125	party with standing the opportunity to intervene in the matter before the Board. 21 BILL AS INTRODUCED H.42
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130	130	If intervenor status is granted, the stay of the court action regarding those 1
131	131	claims shall continue during the pendency of the appeal to the Board. After the 2
132	132	Board has decided the appeal, the court shall dismiss the matter before it to the 3
133	133	extent the matter has been resolved by the Board. Any claim included in an 4
134	134	appeal to Superior Court that is not within the Board’s authority shall not be 5
135	135	subject to automatic stay by the court. 6
136	136	(c) Appeals shall be filed with the Board within 30 days following the final 7
137	137	decision of the appropriate municipal panel. At the same time an appeal is 8
138	138	filed with the Board, the applicant shall notify the appropriate municipal panel 9
139	139	of the appeal. 10
140	140	(d) The appropriate municipal panel shall within 30 days following receipt 11
141	141	of notice of appeal submit to the Board a certified record of its proceedings on 12
142	142	the matter subject to the appeal. 13
143	143	(e) The Board shall serve notice in writing of the time, place, and cause of 14
144	144	any hearing upon all parties at least 20 days prior to the date of the hearing. 15
145	145	(f) The Board shall hold a hearing on the merits within 90 days following 16
146	146	its receipt of a notice of appeal. 17
147	147	(g) The Board shall make a decision on an appeal within 60 days after 18
148	148	conducting a hearing on the merits. 19
149	149	(h) Appeals to the Board shall be consistent with appeals to the Superior 20
150	150	Court. Appeals shall be on the certified record, and except in such cases as 21 BILL AS INTRODUCED H.42
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155	155	justice may warrant, in the sole discretion of the Board, no additional evidence 1
156	156	will be introduced. The rules of evidence shall not strictly apply. The Board 2
157	157	shall record the proceedings of any hearing before it and shall make such 3
158	158	recording available to the public for inspection and recording from the date of 4
159	159	the hearing to a date that is 15 working days after the Board has made a final 5
160	160	decision on the matter that is the subject of the hearing or, if an appeal is made 6
161	161	from such decision, the date upon which the matter has been finally 7
162	162	adjudicated, whichever date is later. 8
163	163	(i) The Board shall not reverse or modify a decision except for errors of 9
164	164	law or if the Board is persuaded by the balance of probabilities, on the 10
165	165	evidence before it, that said decision is unreasonable. 11
166	166	(j) Nonattorneys, including professional engineers, architects, and land 12
167	167	surveyors, may represent any party before the Board. Nothing in this section 13
168	168	shall prevent the Board from denying representation by any individual it deems 14
169	169	to be improper, inappropriate, or unable to adequately represent the interests of 15
170	170	the applicant. 16
171	171	(k) The Board’s deliberative processes in adjudicatory proceedings shall be 17
172	172	exempt from the public meeting and notice provisions of 1 V.S.A. chapter 5. 18
173	173	Decisions and orders in adjudicatory proceedings shall be publicly available, 19
174	174	but only after they have been reduced to writing, signed by a quorum of the 20
175	175	Board, and served upon the parties, and shall set forth the Board’s rulings of 21 BILL AS INTRODUCED H.42
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180	180	law and findings of fact in support of its decisions. Discussions and actions by 1
181	181	the Board concerning procedural, administrative, legal, and internal matters 2
182	182	shall be exempt from the meeting and notice provisions of 1 V.S.A. chapter 5. 3
183	183	§ 4203. RULES 4
184	184	The Board shall adopt rules under 3 V.S.A. chapter 25 necessary for 5
185	185	carrying out its functions, including rules of procedure to be followed in 6
186	186	hearings conducted by it consistent with the provisions of this chapter. 7
187	187	§ 4204. APPEALS TO SUPREME COURT 8
188	188	Decisions of the Board may be appealed to the Supreme Court by any party 9
189	189	in accordance with 10 V.S.A. § 8505. 10
190	190	§ 4205. ENFORCEMENT 11
191	191	(a) After a decision of the Board becomes final, the Board shall, at the 12
192	192	request of any party, file a certified abstract in the Superior Court. The clerk of 13
193	193	the court shall enter judgment and such judgment may be enforced as with any 14
194	194	final judgment of the Superior Court. 15
195	195	(b) Neglect or failure on the part of any municipality to comply with such 16
196	196	orders shall be deemed willful neglect of duty, and it shall be subject to the 17
197	197	penalties and damages provided by law in such cases. 18
198	198	Sec. 2. 10 V.S.A. § 8503 is amended to read: 19
199	199	§ 8503. APPLICABILITY 20
200	200	* * * 21 BILL AS INTRODUCED H.42
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205	205	(c) This chapter shall govern all appeals arising under 24 V.S.A. chapter 1
206	206	117, the planning and zoning chapter, except those appeals brought to the 2
207	207	Housing Board of Appeals pursuant to 24 V.S.A. chapter 116. 3
208	208	* * * 4
209	209	Sec. 3. 10 V.S.A. § 8504 is amended to read: 5
210	210	§ 8504. APPEALS TO THE ENVIRONMENTAL DIVISION 6
211	211	* * * 7
212	212	(k) Limitations on appeals. Notwithstanding any other provision of this 8
213	213	section: 9
214	214	(1) there shall be no appeal from a District Commission decision when 10
215	215	the Commission has issued a permit and no hearing was requested or held, or 11
216	216	no motion to alter was filed following the issuance of an administrative 12
217	217	amendment; 13
218	218	(2) a municipal decision regarding whether a particular application 14
219	219	qualifies for a recorded hearing under 24 V.S.A. § 4471(b) shall not be subject 15
220	220	to appeal; 16
221	221	(3) if a District Commission issues a partial decision under subsection 17
222	222	6086(b) of this title, any appeal of that decision must be taken within 30 days 18
223	223	following the date of that decision; and 19 BILL AS INTRODUCED H.42
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228	228	(4) it shall be the goal of the Environmental Division to issue a decision 1
229	229	on a case regarding an appeal of an appropriate municipal panel decision under 2
230	230	24 V.S.A. chapter 117 within 90 days following the close of the hearing; and 3
231	231	(5) there shall be no appeal from an appropriate municipal panel when 4
232	232	the appellant brings the appeal to the Housing Board of Appeals established 5
233	233	pursuant to 24 V.S.A. chapter 116. 6
234	234	* * * 7
235	235	Sec. 4. 10 V.S.A. § 8505 is amended to read: 8
236	236	§ 8505. APPEALS TO THE SUPREME COURT 9
237	237	(a) Any person aggrieved by a decision of the Environmental Division 10
238	238	pursuant to this subchapter, any party by right, or the Board, or any person 11
239	239	aggrieved by a decision of the Housing Board of Appeals may appeal to the 12
240	240	Supreme Court within 30 days of following the date of the entry of the order or 13
241	241	judgment appealed from, provided that: 14
242	242	(1) the person was a party to the proceeding before the Environmental 15
243	243	Division or the Housing Board of Appeals; or 16
244	244	(2) the decision being appealed is the denial of party status; or 17
245	245	(3) the Supreme Court determines that: 18
246	246	(A) there was a procedural defect that prevented the person from 19
247	247	participating in the proceeding; or 20 BILL AS INTRODUCED H.42
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252	252	(B) some other condition exists that would result in manifest injustice 1
253	253	if the person’s right to appeal were disallowed. 2
254	254	(b) An objection that has not been raised before the Environmental 3
255	255	Division or the Housing Board of Appeals may not be considered by the 4
256	256	Supreme Court, unless the failure or neglect to raise that objection is excused 5
257	257	by the Supreme Court because of extraordinary circumstances. 6
258	258	* * * 7
259	259	Sec. 5. HOUSING BOARD OF APPEALS POSITIONS; 8
260	260	APPROPRIATION 9
261	261	(a) The following new positions are created at the Housing Board of 10
262	262	Appeals for the purposes of carrying out this act: 11
263	263	(1) three full-time Housing Board of Appeals members; and 12
264	264	(2) one Staff Attorney 1. 13
265	265	(b) The sum of $600,000.00 is appropriated to the Housing Board of 14
266	266	Appeals from the General Fund in fiscal year 2026 for the positions established 15
267	267	in subsection (a) of this section and for additional operating costs required to 16
268	268	implement the appeals process established in this act. 17
269	269	Sec. 6. HOUSING BOARD OF APPEALS CREATION 18
270	270	The Supreme Court shall appoint the members of the Housing Board of 19
271	271	Appeals on or before July 1, 2026. 20 BILL AS INTRODUCED H.42
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276	276	Sec. 7. EFFECTIVE DATE 1
277	277	This act shall take effect on July 1, 2025. 2