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NO. 83. AN ACT RELATING TO LIMITATIONS ON THE ABILITY TO ENFORCE AGAINST A FAILURE TO OBTAIN A REQUIRED MUNICIPAL LAND USE PERMIT.

(H.601)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 24 V.S.A. § 4496(a) is amended to read:

(a) An action, injunction, or other enforcement proceeding relating to the failure to obtain or comply with the terms and conditions of any required municipal land use permit may be instituted under section 1974a, 4444, or 4445 of this title against the alleged offender if the action, injunction, or other enforcement proceeding is instituted within 15 years from the date the alleged violation first occurred and not thereafter. The burden of proving the date the alleged violation first occurred shall be on the person against whom the enforcement action is instituted.

Sec. 2. LEGISLATIVE INTENT

The amendment enacted by this act is not intended to change existing law, but rather to preclude erroneous interpretations of statutory language. In fact, by referring to 24 V.S.A. § 4445, the statute appearing in Sec. 1 of this act, as written in existing law, covers a failure to obtain a required municipal land use permit and requires that an enforcement action for that failure be instituted within the 15-year period.

Sec. 3. EFFECTIVE DATE

This act shall take effect upon passage.

Approved: April 19, 2000