Select board directs Rutland planning commission to draft subdivision bylaw

RUTLAND, Vt. — The Rutland Town Planning Commission on July 10 reported that the town’s select board instructed the commission to draft a subdivision bylaw instead of pursuing a zoning bylaw or merely updating the existing subdivision ordinance.

Commission members said the select board, after hearing from town counsel, favored a bylaw because it offers stronger enforcement mechanisms and a fuller adoption process that includes multiple hearings and an option for additional public review. "It would have to go through this body and go through some hearings, the select board in hearings, and there's an option to have the public do something afterwards," said K., the planning commission chair (name not provided).

The direction matters because Vermont land-use laws such as Act 250 already apply to some larger developments; commissioners said they must ensure the town’s rules align with state law. "Act 250 would take precedence for projects that fall under it," K. said, describing how the state permit interacts with local rules for larger developments.

Discussion: commission members said they will compare a subdivision bylaw, a zoning bylaw and the present subdivision ordinance side by side. Members noted that attorney Kevin Brown advised the select board to prefer a bylaw. Commissioners said Brown told the select board he examined many municipal approaches; the commission will request those example bylaws for review. "He said he had looked at, like, 30, 35 towns," K. said. Norm (surname not provided), who compiled suggested edits to the town’s existing subdivision ordinance, circulated those comments to members for review.

Commissioners and attendees discussed trade-offs. A resident raised concerns about how frequently bylaws must be updated, saying bylaws can become outdated and require a full re-adoption process. K. and others agreed that state law changes over time can make local rules obsolete, and that the town’s current subdivision ordinance is about 40 years old and contains provisions that may not withstand legal challenge.

Scope and clarifications: participants said the local discussion is focused on larger projects subject to state and local review. One commissioner characterized the local threshold under review as applying to commercial development over one acre, and said smaller projects might still be governed by other local rules. Commissioners emphasized they will not assume the select board’s direction is final and that they may provide the select board with alternative recommendations.

Actions and next steps: the planning commission did not adopt a bylaw at the July 10 meeting. Instead, members agreed to collect example subdivision bylaws (including the Bristol example mentioned by Brown), compare them with the town’s current ordinance and Norm’s proposed edits, and address the topic at a subsequent meeting when more members are present. The commission noted attorney Kevin Brown was temporarily unavailable and that a broader discussion with key members is planned.

Background: Act 250 is Vermont’s land use and development law that applies to some large-scale projects and can supersede local rules for developments that meet its jurisdictional thresholds. The commission indicated its work will aim to update local rules to be defensible if reviewed in court.