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H.172

Introduced by   Representative Larrabee of Danville

Referred to Committee on

Date:

Subject:  Conservation; Act 250; subdivision; exemption for gifts from parent to child

Statement of purpose:  This bill proposes to amend the Act 250 definition of “subdivision” so as to exclude one or more lots divided for the purpose of conveyance, as a gift, from one or more parents to one or more of their children. 

AN ACT RELATING TO EXEMPTING FROM THE ACT 250 DEFINITION OF SUBDIVISION ANY LOT CREATED FOR THE PURPOSE OF A GIFT FROM A PARENT TO A CHILD

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

Sec. 1.  10 V.S.A. § 6001(19) is amended to read:

(19)  “Subdivision” means a tract or tracts of land, owned or controlled by a person, which the person has partitioned or divided for the purpose of resale into 10 or more lots within a radius of five miles of any point on any lot, or within the jurisdictional area of the same district commission, within any continuous period of five years.  In determining the number of lots, a lot shall be counted if any portion is within five miles or within the jurisdictional area of the same district commission.  The word “subdivision” shall not include a lot or lots created for the purpose of conveyance to the state or to a qualified organization, as defined under section 6301a of this title, if the land to be transferred includes and will preserve a segment of the Long Trail.  The word “subdivision” shall not include a lot or lots created for the purpose of conveyance to the state or to a “qualified holder” of “conservation rights and interest,” as those terms are defined in section 821 of this title.  The word “subdivision” shall not include a lot or lots created for the purpose of conveyance, as a gift, from one or more parents to one or more of their children.  “Subdivision” shall also mean a tract or tracts of land, owned or controlled by a person, which the person has partitioned or divided for the purpose of resale into six or more lots, within a continuous period of five years, in a municipality which does not have duly adopted permanent zoning and subdivision bylaws.

Sec. 2.  RETROACTIVE EFFECTIVE DATE

This act shall be deemed to take effect on May 17, 2004.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us