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State Land Use Enacted Legislation

Bill # State Year Party Topic

ACT 179

VT 2020 D Accessory dwelling units regulations, Affordable housing incentives and financing, By-right zoning, Declare HOA rules void, Density Increases, Encouraging duplex, triplex, fourplexes and townhomes, Homeowner association rules, Manufactured Housing, Technical assistance

Provided by Furman

Summary

  • Provides that a bylaw may require “a single-family dwelling with an accessory dwelling unit to be subject to the same review, dimensional, or other controls as required for a single-family dwelling without an accessory dwelling unit.” Allows dwellings up to 900 square feet to qualify as ADUs (previously the limit was 30 percent of the total habitable floor area of the single-family dwelling; now it is the greater of this value or 900 square feet). Confirms that regulation of short-term rental units separately from residential rental units.
    • Modifies provision allowing municipalities to prohibit development on certain small lots to limit this power to only lots that are not served by and able to connect to municipal sewer and water service. Amends law to provide that “A multiunit dwelling project consisting of four or fewer units located in a district allowing multiunit dwellings may not be denied solely due to an undue adverse effect on the character of the area affected.”
    • Clarifies that “deed restrictions, covenants, or similar binding agreements added after January 1, 2021 that prohibit or have the effect of prohibiting land development allowed under a municipality’s bylaws shall not be valid.” Carve-outs for:
      • Any property interest held in whole or in part by a qualified organization or state agency…including any restrictive easements, such as conservation easements and historic preservation rights and interests.
        • Any property interest that is restricted by a housing subsidy covenant…held in whole or in part by an eligible applicant…or the Vermont Housing Finance Agency.
    • The Department of Environmental Conservation shall assist with implementation of mobile home park infrastructure (Section 5 of bill). Amends law to provide that “the Treasurer may use amounts available under this section to provide financing for infrastructure projects in Vermont mobile home parks and may modify the terms of such financing in his or her discretion as is necessary to promote the availability of mobile home park housing and to protect the interests of the state.”

Provided by lawmakers

Bill Title

An act relating to promoting affordable housing.

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