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Practice Of Real EstateState_specificMEDIUM

A licensee is working with a buyer named Sofia who is under contract to purchase a 12-lot subdivision parcel in a rural Vermont town. The seller claims no special state permits are needed because the project has not yet started construction. Sofia asks her licensee whether any Vermont-specific land use review is required. Which of the following statements best describes the licensee's correct advice?

Correct Answer

A) An Act 250 permit is required before development proceeds because the subdivision creates 10 or more lots, regardless of construction status.

Under Vermont Act 250 (10 V.S.A. Chapter 151), a land use permit is required before development proceeds for any subdivision creating 10 or more lots. The permit requirement is triggered by the number of lots, not by whether construction has started. The seller's claim that no permit is needed because construction has not begun is incorrect, and the licensee must advise Sofia accordingly.

Answer Options
A
An Act 250 permit is required before development proceeds because the subdivision creates 10 or more lots, regardless of construction status.
B
No permit is needed because Act 250 only applies after construction has begun on at least one lot.
C
An Act 250 permit is only required if the subdivision lots are located above 2,500 feet in elevation.
D
An Act 250 permit is required only if the subdivision is within a designated flood zone or wetland area.

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Related Topics & Key Terms

Key Terms:

act_250subdivision_thresholdpermit_timingbuyer_advisory

Related Concepts

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