About Permits

Perhaps, it is best to check.

For what municipal permits are needed, applicants should ask the town’s Zoning Administrator/Administrative Officer.

For state permits the easiest thing to do is to check with the ANR Permit Navigator website. Please note, that this does not cover all state permits, such as state building permits, those issued by VTransor that are for smaller energy projects .

TRORC does not issue permits, but we can provide advice to towns and applicants. TRORC is a party to all Act 250 permits.

Town can only regulate what they are enabled to, and the state has banned towns from regulating certain uses. Most zoning exemptions are found in 24 VSA sections 4412 and 4413. Projects that go through a 248a proceeding in front of the Public Utilities Commission to get a Certificate of Public Good (usually networked cellular towers) are exempt under 4412(8). Electrical generation projects going through a 248 process are exempt under 4413(b). Agricultural and forestry (silvicultural) practices that follow state guidelines are exempt from local zoning under 4413(d). Agricultural buildings must generally meet the setbacks in zoning.

In towns that have zoning there is also usually a list of additional activities that the town has decided to exempt. This can often be found near the front of the bylaw for things like birdbaths, temporary structures, etc.

If you are building or renovating any commercial or residential structure you probably need a state building permit. You may also need a state permit if you are turning a house into a rental property. This is separate from any zoning permit. You can call your regional office with questions. Remember, state building permits may require that construction is inspected as you progress, not when you are finished.

A zoning permit lets you build, a certificate of occupancy (CO) lets you occupy. Many zoning bylaws require you to get a CO after you build to make sure what you built what was permitted.

Most zoning (but not all) does not regulate internal renovations, but there is often a permit needed. You may need a state permit if you add a bedroom, open up a wall or ceiling, replace the heating, rewire or replumb. You need a flood permit if you are in the flood area and are doing significant work.

Act 250 permits can be triggered by several thresholds, the most common being that the property is already subject to an Act 250 permit, you are making several new lots or housing units, or you are building a commercial project. This permit is issued by the District Environmental Commission, and most of TRORC Region is in District #3. Where town plans or the Regional Plan have mandatory language, compliance with that is required under Criterion 10 of Act 250, so developers should review these at the early conceptual stage of any project. People wondering if they need a permit can ask the District Commission for a jurisdictional opinion.

You need a zoning permit if there is local zoning and it requires a permit. Act 250 and local permitting are separate. They are not required to be issued in any order, or to have the same conditions.

No, but all new buildings and many renovations must meet the state energy building standards. Before beginning any work, check with your contractor and make sure they are aware of these and ready to issue you a certification. You may need this certification to get a certificate of occupancy.

Solar installations and other projects that generate electricity tied to the grid go through a 248 proceeding at the state level, not the local level. Off-grid solar may need a local permit.

This is really a specialized zoning permit to develop in an area with flood risk known as the special flood hazard area. Towns issue these except where prohibited from doing so, in which case the state issues the permit. Many flood permits are for work on riverbanks, in which case a state permit steam alteration permit is also needed for any work “below top of bank”. A state wetlands permit and a permit from the Army Corps of Engineers may also be needed. Local flood permits are required prior to a zoning permit if both are needed.

Yes, this will require at least a Stream Alteration Permit. You should talk to the regional River Engineer.

A local flood permit may also be required.

This is a permit to access a town or state road. These are also called ‘curb-cut’ permits. The town or state issues these depending on whose road it is. These are required both for new accesses or modifications to existing ones. On the local level, these may or may not be part of the zoning or subdivision permit, but they relate to these and it may be advisable to get the access permit first. Check with your town or the VTrans District.

Yes, and these are issued by the state. This permit is often referred to as a state subdivision permit, though it is really a state wastewater and potable water supply permit.

The state regulates all subdivisions in a certain way through the permitting of wastewater, requiring that each new lot created have either a designed means of treating wastewater or a deed notice that it may not be able to be developed. This permit is not Act 250, but is really the way the state ensures that groundwater quality is maintained through the proper design and spacing of wells and septic systems. The state does not care about lot size so long as the lot can contain a system and replacement area and its isolation distances are met. For state purposes, town highways have already subdivided lots. Contact the regional office for more information about this kind of permitting here.

A subdivision permit is permission to create a new lot of land. You may need one from the town andone from the state.

For towns that just have zoning, the creation of a new lot requires a zoning permit to ensure it meets lot size requirements, etc. For towns with combined zoning and subdivision bylaws (commonly called a unified bylaw), they may require subdivision approval before the zoning permit is issued, so that only one permit is needed. For towns that have stand-alone subdivision regulations, they may require a subdivision permit. A town permit does not mean you have a state permit. Towns can require that applicants have their state wastewater and potable water supply permit in hand prior to local subdivision application. This will ensure that what the town is permitting will also pass muster with the state. The state potable water supply and wastewater permit is commonly called a state subdivision permit and is issued by the regional office. All new lots must have either a deed restriction or a designed septic system.