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Select board urges new subdivision bylaw; planning commission to seek regional planning assistance

August 01, 2025 | Town of Rutland, Rutland County, Vermont


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Select board urges new subdivision bylaw; planning commission to seek regional planning assistance
Members of the Rutland Town Planning Commission and a select board representative discussed a multi-month effort to replace the town’s outdated subdivision ordinance, agreed it should be modernized, and directed staff to explore outside assistance from the Regional Planning Commission on July 31, 2025.

At the meeting, Mary Ashcroft, a select board member, told commissioners the select board wants a new, up-to-date subdivision bylaw because the town’s existing standalone ordinance contains errors and gaps that could expose the town to future legal or administrative challenges. "Please don't get hung up on trying to find the perfect model," Ashcroft said. "Go with a recent template and tweak it." She urged the planning commission to move the work forward expeditiously.

Why it matters: Subdivision bylaws determine how land can be divided and what standards and procedures apply. Commissioners said some provisions in the town’s current ordinance refer to outdated processes or to parts of the town’s unified regulations that no longer exist, and they cautioned that trying to patch the current ordinance would be slower and less reliable than adopting a contemporary template.

Main points from the discussion
- Model/template approach: Commissioners and the select board recommended adopting a recent, well-crafted model (for example, the Bristol template or other recently adopted town regulations) and adapting it to Rutland Town rather than attempting to revise the existing, outdated ordinance line-by-line.
- Unified development regulations vs standalone bylaw: Commissioners noted that many modern town codes place subdivision rules inside a unified development regulation package (which combines zoning and subdivision requirements). The select board signaled it does not want to tackle zoning now and asked the planning commission to proceed with a standalone subdivision bylaw instead; commissioners acknowledged the difference and discussed the implementation trade-offs.
- Enforcement and appeal process: The conversation highlighted that subdivision bylaws provide stronger enforcement tools than an outdated ordinance, and that an explicit statutory appeal process should be included. Kevin Brown, who previously advised the town, had recommended statutory-compliant language and an appeals approach; the commission said that advice will guide drafting.
- Outside assistance recommended: Participants discussed asking the Regional Planning Commission (RPC) to help draft the bylaw or provide a template. RPC staff were identified by name as potential resources for ordinance drafting and housing-related bylaws; the commission asked staff to contact the RPC to explore scope and cost.

Directions and administrative steps
- The planning commission will approach the Regional Planning Commission to request a proposal for drafting or assisting with a new subdivision bylaw/template and report back with a proposed scope and budget for select board approval. This step does not require select-board approval to initiate conversation, but any contract would be routed to the select board for authorization.
- The commission agreed to compile sample, recent bylaws (Bristol, Wallingford and Mount Holly were suggested) and a recommended structure to present to the RPC.
- Commissioners discussed budgeting for legal review and anticipated that limited legal assistance may be necessary after a draft is prepared.

Quotations on the record
"We don't particularly care which towns you look at for a template... we're just asking you to move on this and please don't get hung up on... trying to find the perfect model," Mary Ashcroft said when urging the planning commission to prioritize moving forward.
"I think we're going to need outside counsel to work with almost — this is a huge undertaking," a planning commissioner said, noting time and technical expertise required for ordinance drafting.

Background and context
Commissioners said they attempted earlier updates and found that revising the existing, outdated ordinance created gaps because the current ordinance references provisions that belong in a unified development regulation package. The select board and commissioners both expressed concern about the time that piecemeal revision would take and the increased legal exposure if the town continued to operate under the present rules.

Ending
The planning commission will contact the Regional Planning Commission for a drafting proposal and report back with a recommended contract and budget that the select board could authorize. Commissioners identified public hearings and outreach as future steps once a draft is prepared.

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