Act No. 47 Page 1 of 4
2023
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 47 (S. 100). An act relating to housing opportunities made for everyone
Subjects: Housing; land use; Act 250; Human Rights Commission; municipal
zoning
This act makes multiple changes to programs and funding to promote housing,
including:
Multiple changes to municipal planning and zoning including:
• In residential districts served by sewer and water, a municipality cannot require
more than one parking space per dwelling unit. However, it may require 1.5
spaces for multiunit dwellings in areas without sewer and water if existing
other parking isn’t sufficient.
• Municipalities must allow duplexes where single family units are allowed.
Municipalities must permit multiunit dwellings with up to four units in areas of
the town served by sewer and water, unless the town requires more units to be
built.
• Requiring towns to subject accessory dwelling unit (ADUs) to same standards
of review as single-family homes and prohibiting towns from making the
criteria for detached ADUs stricter than for single family homes.
• Municipal zoning cannot prohibit hotels renting to those using housing
assistance funds.
• In residential districts served by sewer and water, bylaws shall establish
building and lot standards to allow five or more units per acre; no dimensional
standard for multiunit dwellings can be more restrictive than those for single-
family dwellings.
• In residential districts served by sewer and water, affordable housing may add
additional units up to 40% of the density and may add an additional floor or
not.
• Municipalities may define what areas are “served by municipal sewer and
water infrastructure” for purposes of these changes.
• Limiting the aspects of a homeless shelter that can be regulated in town
zoning, including that bylaws cannot limit their daily and seasonal hours of
operation.
• Requires that specific information be submitted to the Department of Housing
and Community Development when municipalities adopt new zoning bylaws
or update bylaws, including uploading bylaws and zoning districts to the State
database.
• Under the provision that gives any 10 voters, residents, or property owners in a
town the ability to appeal a zoning decision, prohibits the ability to appeal the
character of the area for affordable housing development.
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2023
• Allows towns to give their administrative officer authority to approve minor
subdivisions and decide if a hearing is required for minor subdivisions.
• Clarifies existing law that the character of the area cannot be appealed in
decisions on certain types of housing. Other elements of the decision may be
appealed.
• Establishes “by right zoning” which requires an appropriate municipal panel to
provide reasons for adjusting dimensional requirements in permit decisions on
housing.
• Requires additional detail in the housing element of regional plans and
municipal plans. The regional plan shall include an estimate of the total
housing investments needed and specific actions to address housing.
• Removes the ability of rural towns to require changes to bylaws be adopted by
Australian ballot. Any town may still choose to use Australian ballot.
• Allows the Department of Housing and Community Development to use up to
20% of municipal planning funds to provide assistance to towns to meet the
requirements of the neighborhood development area designation.
Requires the Vermont Association of Planning and Development Agencies (VAPDA)
to study various issues related to improving and coordinating effectiveness between
municipal, regional, and State planning.
VAPDA is directed to hire Housing Resource Navigators contingent upon an
appropriation in FY 24 budget.
Multiple changes to the State development law known as Act 250, including:
• Raises the Act 250 jurisdictional threshold (for a permit) for housing units
from 10 units to 25 for downtowns, neighborhood development areas, village
centers with zoning and subdivision bylaws, and growth centers. Also, the
construction of four units or fewer of housing in an existing structure shall only
count as one unit towards the total number of units. This is a temporary
provision that sunsets on July 1, 2026.
• Removes the cap on the number of priority housing projects that are exempt
from Act 250 for downtowns, neighborhood development areas, and growth
centers. This is a temporary provision that sunsets on July 1, 2026.
• To be exempt under the temporary Act 250 exemptions, a person needs to
request a jurisdictional opinion, stating they would be exempt by June 30,
2026. Construction of exempt housing projects would need to be substantially
completed by June 30, 2029.
• Allows municipalities to apply for master plan permits under Act 250 for their
designated downtown or neighborhood development area. With a master plan,
future development in the downtown would only need an Act 250 permit
amendment, not an individual permit.
• Clarifies that the Act 250 fees apply per application and the cap on fees applies
per application, not per project.
• Exempts electric distribution utilities from Act 250 for replacing or moving
existing distribution lines. This is a temporary provision that sunsets on
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2023
January 1, 2026. Requires any utility that uses the exemption to report back to
the relevant committees on the projects completed pursuant to the exemption.
VAPDA, in consultation with the Natural Resources Board and stakeholders, shall
propose the framework needed to create a municipal delegation process for Act 250
permits; report due December 31, 2023.
Amends the Act 182 of 2022 report to also review the Act 250 housing jurisdictional
trigger and whether it should be changed.
Extends the deadline for the Act 182 of 2022 Designated Area Report from July 15,
2023 to December 31, 2023.
Prohibits deed restrictions and covenants that require minimum dwelling unit size and
more than one parking space in areas with sewer and water or 1.5 spaces in areas without
sewer and water for multiunit dwellings if existing other parking isn’t sufficient.
Requires sellers to disclose if a property is located on a class 4 highway or legal trail.
Creates a summer study committee to study how to increase compliance with the
Residential Building Energy Standards and the Commercial Building Energy Standards.
Report due Dec. 1, 2023.
The Rural Recovery Coordination Council is created to study and make
recommendations on how to strengthen coordination between agencies and stakeholders
involved in rural community development. Report due Dec. 15, 2023. Duty to
implement contingent upon an appropriation in FY 24 budget.
Directs the Agency of Natural Resources (ANR) to identify any State permitting
requirements or ANR processes that may be duplicated under State and local permits and
propose how to eliminate such redundancies. Report due Jan. 31, 2025.
Directs the Public Utility Commission (PUC) to revise its rules concerning utility
service disconnection at rental property to require a utility to provide notice of the
disconnection to the property owner/landlord (even if the tenant is the ratepayer) and,
more generally, to allow for remote disconnection. In addition, the PUC shall submit
draft legislation to the General Assembly proposing similar disconnection requirements
for utilities that are not subject to the PUC’s jurisdiction (i.e., municipal and private water
and wastewater companies).
Clarifies when an accessory dwelling unit is a public building subject to the
jurisdiction of the Division of Fire Safety.
Increases the criminal penalty for a violation of the Fair Housing and Public
Accommodations Act.
Directs the Division of Fire Safety to prepare a report on potential revisions to the
State’s fire and life safety codes for residential buildings that could facilitate the creation
of additional residential units.
Creates a Mobile Home Task Force to study and report on the infrastructure,
investment, and governance needs of mobile home parks and communities in this State.
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2023
Directs the Vermont Housing Finance Agency to provide grants for first generation
homebuyers, the development of affordable housing, and the development of affordable
rental housing, if funds are made available in fiscal year 2024.
Expands the Vermont Rental Housing Improvement Program to provide grants and
loans for the creation of more types of affordable housing units, including the creation of
new units.
Authorizes rental housing stabilization services, a tenant representation pilot program,
and a rent arrears assistance fund if funding is made available for those purposes in fiscal
year 2024.
Exempts rental target housing owners from certain regulatory and insurance
requirements if the owners are personally performing lead-based paint activities on the
property.
Effective Date: Multiple effective dates, beginning on June 5, 2023
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Statutes affected:
As Introduced: 24-4414, 24-4412, 24-4413, 24-4303, 24-4441, 24-4465, 24-4463, 24-4418, 24-4471, 24-4464(b), 24-4464, 24-4348a, 24-4382, 24-3101(a), 24-3101, 10-6001, 10-6081, 27-545, 10-1974, 20-2730, 9-4507, 10-699
As Passed By the Senate -- Official: 24-4414, 24-4412, 24-4413, 24-4303, 24-4441, 24-4465, 24-4463, 24-4418, 24-4471, 24-4464(b), 24-4464, 24-4348a, 24-4382, 24-3101(a), 24-3101, 10-6001, 10-6086b, 10-6081, 24-2793a, 24-2793e, 27-545, 10-1974, 20-2730, 9-4507, 10-699
As Passed By the Senate -- Unofficial: 24-4414, 24-4412, 24-4413, 24-4303, 24-4441, 24-4465, 24-4463, 24-4418, 24-4471, 24-4464(b), 24-4464, 24-4348a, 24-4382, 24-3101(a), 24-3101, 10-6001, 10-6086b, 24-2793a, 10-6081, 24-2793e, 27-545, 20-2730, 9-4507, 10-699
As Passed by Both House and Senate -- Official: 24-4414, 24-4412, 24-4413, 24-4303, 24-4441, 24-4465, 24-4463, 24-4418, 24-4471, 24-4464(b), 24-4464, 24-4348a, 24-4382, 24-3101(a), 24-3101, 10-6001, 10-6086b, 10-6081, 24-2793a, 24-2793e, 27-545, 10-1974, 20-2730, 9-4507, 10-699, 24-4442, 24-4306, 10-6083a, 10-6081(y), 18-1764
As Passed by Both House and Senate -- Unofficial: 24-4414, 24-4412, 24-4413, 24-4303, 24-4441, 24-4465, 24-4463, 24-4418, 24-4471, 24-4464(b), 24-4464, 24-4348a, 24-4382, 24-4442, 24-4306, 10-6001, 10-6086b, 10-6083a, 10-6081(y), 10-6081, 27-545, 20-2730, 9-4507, 10-699, 18-1764
As Enacted: 24-4414, 24-4412, 24-4413, 24-4303, 24-4441, 24-4465, 24-4463, 24-4418, 24-4471, 24-4464(b), 24-4464, 24-4348a, 24-4382, 24-4442, 24-4306, 10-6001, 10-6086b, 10-6083a, 10-6081(y), 10-6081, 27-545, 20-2730, 9-4507, 10-699, 18-1764