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Resident asks whether state DOC can be limited by Lennox zoning; staff says state not subject to local zoning
Summary
At the Planning & Zoning portion a resident asked whether the town could restrict the state Department of Corrections from siting closer to Green Mountain; planning staff said courts have ruled the state is not subject to local zoning ordinances and the question is under appeal.
During the Planning & Zoning portion, visitor Laura Tizzi asked whether the town could place restrictions in the Green Mountain area to prevent the state Department of Corrections from locating closer to town.
Planning staff responded that courts have recently ruled the state is generally not subject to local zoning ordinances, noting the matter referenced in the question is on appeal. “The state is not subject to local zoning ordinances,” staff said, adding county and state sovereign immunity considerations limit what local zoning can control.
Board members asked clarifying questions; staff reiterated the legal limit on municipal control over state siting decisions. The board did not take any formal action on this question at the meeting.
