Zoning Planning & Land Use Law in Vermont

Rutland, Vermont has a fairly massive number of laws that dictate how individual plots of real estate can and cannot be used, and what can and can't be built on them, and these laws aren't always easy to follow. This article won't make you an authority on the subject, but should introduce you to some of the most crucial concepts in zoning law.

"Zoning" refers to a set of laws and regulations which state what use can be made of land in different parts of a city or county. Typically, localities are divided up into "zones," which are designated for particular categories of use, such as single-family residence, business, manufacturing, etc.

Zoning serves many different purposes - but it its basic one is to increase or preserve property values by ensuring that conflicting uses don't result in legal disputes. Obviously, if you bought a house in a residential neighborhood, and your neighbor could simply convert his property into a steel mill, your property's value as a residential lot would decrease substantially.

Zoning also serves the interests of industry, as well as residents. By ensuring that there are places where heavy industry can take place, well-planned zoning regulations will ensure that industrialists are free to practice their trade, and that residents will not be disturbed by those activities, which makes industry more proficient by helping it avoid costly nuisance lawsuits.

Possible Outcomes of Boundary and Title Disputes in Rutland, Vermont

Suppose you find that some condition on your land is in violation of Rutland, Vermont's zoning laws. In cases like this, you have quite a few options.

First of all, and most simply, the owner could just fix the violation. If the violation isn't very considerable, and fixing it wouldn't cost very much, this is probably the best and easiest option.

What if, however, you've invested a considerable amount of time and money into making an improvement on your property, only to find that it violates your local zoning laws in some minor way? In this case, you can apply for a variance. This is basically an exception to the zoning rules. If declining to enforce these rules would not harm anyone, and would not do much to advance the purpose of Rutland, Vermont's zoning laws, a variance will normally be granted.

You also have considerable protections if a zoning law changes, and you find that the land you've been living on for years is suddenly in violation of the new law. In general, zoning laws cannot apply to structures and uses which were built or commenced before the law was changed. Under the U.S. Constitution, it's not permissible for state or local governments to pass laws which have retroactive effect. You should know, however, that any future changes you make to your property will have to comply with the new zoning law.

What Can A Rutland, Vermont Attorney Do?

If you are in the early stages of a major construction or remodeling project on your property, especially if it is in a residential area (where zoning laws tend to be most restrictive), you are likely to face one zoning law issue or another. Of course, having read this article, you should now be aware that you have rights when it comes to contesting a zoning law as applied to you. While such contests do not always come out on the side of the landowner, the help of a brilliant Rutland, Vermont real estate attorney will greatly improve one's chances.