Committee reviews H.109 to let designated downtowns compel repair of decaying buildings

The House Government Operations & Military Affairs Committee heard testimony on H.109, which would authorize municipalities to adopt ordinances requiring owners of premises within a designated downtown district to maintain or repair buildings to prevent decay or deterioration.

Legislative Council counsel Tucker Anderson told the committee the bill would add a subdivision to 24 V.S.A. § 2291 authorizing legislative bodies to regulate maintenance in designated downtown districts and to compel owners to repair or maintain premises against “decay or deterioration.” Anderson said the provision narrows the territorial scope to designated downtowns while lowering the threshold for compelled repair compared with other Title 24 maintenance standards that require an officer to find a structure uninhabitable before compelling action.

Why it matters: Witnesses said the measure targets properties that undermine downtown revitalization efforts. Rick Ufford Chase, director of Newport’s designated downtown and newly elected mayor of Newport, described an eight-year vacancy and roof failure on a downtown building that is now shedding material and creating a public hazard. Chase said he had not gained additional leverage as mayor compared with his previous downtown director role and supports giving municipal authorities targeted tools to address decaying buildings.

Panel testimony and details

- Territorial and standards tradeoff: Anderson explained the bill is territorially limited to designated downtowns, which reduces the geographic scope but lowers the standard to “decay or deterioration” rather than requiring proof of interference with adjacent property or an uninhabitable determination.

- Designated downtown program context: Josh Hanford of the Vermont League of Cities and Towns noted the state’s designated-downtown program is selective and that there are roughly two dozen designated downtowns in Vermont. He said the program includes state resources and incentives and that municipal ability to address derelict properties in downtown districts helps protect those investments.

- Local examples: Mayor Rick Ufford Chase said recent downtown business owners in Newport reported a building neglected for at least eight years and that pieces of roofing were coming off, creating safety and nuisance concerns. He said the bill’s intent matched local experience and that Representative Woodman Page, a Newport-area representative, cosponsored H.109.

Open questions and next steps

Committee members asked why counties were not included (counsel noted counties lack a legislative body analogous to municipal legislative bodies), and whether the bill would apply to municipally owned buildings. Anderson recommended reviewing how downtown boundaries are defined and how designation notice reaches property owners. Witnesses suggested the committee will need to refine language to avoid unintended coverage of nonproblem properties (for example, certain farms or legitimate repair/storage uses) and to ensure due process and notice requirements.

No formal vote on H.109 was taken at the hearing; committee members said they expect further testimony and statutory review.