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H.400

Introduced by   Representatives Trombley of Grand Isle and Johnson of South Hero

Referred to Committee on

Date:

Subject:  Conservation; state land use; subdivision; cemeteries

Statement of purpose:  This bill proposes to exempt from Act 250 and potable water and wastewater system permit requirements lots partitioned for the purpose of transfer to a municipality for use as a cemetery.

AN ACT RELATING TO EXEMPTING LAND PARTITIONED FOR  THE PURPOSE OF TRANSFER TO A TOWN CEMETERY FROM ACT 250 PERMIT REQUIREMENTS

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

Sec. 1.  10 V.S.A. § 1972(9) is amended to read:

(9)  “Subdivide” means to divide land by sale, gift, lease, mortgage foreclosure, court-ordered partition, or filing of a plat, plan, or deed in the town records where the act of division creates one or more lots.  Subdivision shall be deemed to have occurred on the conveyance of the first lot or the filing of a plat, plan, or deed in the town records, whichever first occurs.  A subdivision of land shall also be deemed to have taken place when a lot is divided by a state or municipal highway, road, or right-of-way, or when a lot is divided by surface waters with a drainage area of greater than ten square miles.  Subdivision shall not include a lot or lots created for the purpose of conveyance to a municipality if the land to be transferred is to be used by the municipality as a cemetery as that term is defined under section 5302 of Title 18.

Sec. 2.  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 to a municipality if the land to be transferred is to be used by the municipality as a cemetery as that term is defined under section 5302 of Title 18.  “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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us