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A Vermont developer, Priya, owns a 50-acre parcel located within the boundaries of a Vermont municipality. She plans to subdivide the parcel into 9 residential lots and begin construction on a 0.8-acre commercial building on one of the lots. Her attorney tells her that Act 250 may not apply to her project. Which combination of facts, if both are true, would most support the attorney's conclusion that Act 250 does NOT apply?

Correct Answer

A) The municipality has adopted permanent zoning and subdivision bylaws, and the commercial building is under 1 acre in size.

Act 250 (10 V.S.A. Chapter 151) generally triggers on subdivisions of 10 or more lots within 5 years and on commercial/industrial development above the size threshold (1 acre in municipalities with permanent zoning and subdivision bylaws, 10 acres elsewhere). With only 9 lots and a sub-1-acre commercial building inside a '10-acre municipality,' neither primary trigger is met.

Answer Options
A
The municipality has adopted permanent zoning and subdivision bylaws, and the commercial building is under 1 acre in size.
B
The parcel has been enrolled in the Current Use Program, and Priya has owned it for more than six years.
C
Priya has already obtained a wastewater permit, and the subdivision lots are all below 2,500 feet in elevation.
D
The parcel is classified as agricultural land, and Priya plans to retain at least 10 acres as open space.

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Related Topics & Key Terms

Key Terms:

act_250municipal_exemptioncommercial_thresholdsubdivisioncomplex_scenario

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