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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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If I own a hotel/lodge in Vermont, do I need an Act 250 permit

Resolved Question:

If I own a hotel/lodge in Vermont, do I need an Act 250 permit to open a campground on the property? Or can this be done by applying to the town of Jay Vemont for the permitts.
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.

Act 250 permits are required for the following:

1) Construction for commercial or industrial purposes on more than 10 acres (except for farming or forestry); or on more than one acre, if the municipality does not have both permanent zoning and subdivision bylaws.

2) The construction of 10 or more housing units, including mobile-home parks, within 5 years.

3) The subdivision of land into six or more lots, within 5 years, in a town that does not have both permanent zoning and subdivision regulations.

4) The subdivision of land into 10 or more lots of any size within 5 years.

5) Construction that would substantially change or expand a pre-1970 development that would require a permit if built today.

6) Construction for a governmental purpose which disturbs more than 10 acres, or is part of a larger project that will involve more than 10 acres of land.

7) Construction of a support structure, 50 feet tall or higher, primarily for communication or broadcast purposes.

8) Construction, including forestry or farming, above 2,500 feet in elevation.

9) Exploration for, or extraction or processing of, fissionable source materials.

10) Drilling of any oil or gas well.

11) The sale, by public auction, of any interest in a tract or tracts of land divided for the

purpose of resale into five or more lots within a radius of five miles within any continuous period of ten years.

If you do not plan on doing any construction on the property and just opening up land for camping, then I would say you do not require an Act 250 permit. If you will be undertaking any construction as listed above (likely #5 would be most applicable), then you would need one.


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Customer: replied 8 years ago.

 

 

My specific question is, I own a campgroud in Westfield Vermont. One of my campers would like to open a campground in the next town Jay Vermont on a ten acre parcel with a third party that already has a ski lodge/hotel on this ten acres. To began to construct this public campground would they have to obtain an act 250 permitt from the stae or could they have this all approved at the town level.

 

Thank-you

 

Mark

Expert:  Law Educator, Esq. replied 8 years ago.
If the parcel is not "more than 10 acres" or does not substantially change or expand the lodge grounds, then he does not need the Act 250 permit.