§ 6090. Recording; duration and revocation of permits
(a) In order to afford adequate notice of the terms and conditions of land use permits,
permit amendments and revocations of permits, they shall be recorded in local land
records. Recordings under this chapter shall be indexed as though the permittee were
the grantor of a deed.
(b)(1) Any permit granted under this chapter for extraction of mineral resources, operation
of solid waste disposal facilities, or logging above 2,500 feet shall be for a specified
period determined by the Board in accordance with the rules adopted under this chapter
as a reasonable projection of the time during which the land will remain suitable
for use if developed or subdivided as contemplated in the application and with due
regard for the economic considerations attending the proposed development or subdivision.
Other permits issued under this chapter shall be for an indefinite term, as long as
there is compliance with the conditions of the permit.
(2) Expiration dates contained in permits issued before July 1, 1994 (involving developments
that are not for extraction of mineral resources, operation of solid waste disposal
facilities, or logging above 2,500 feet) are extended for an indefinite term, as long
as there is compliance with the conditions of the permits.
In Re White, 779 A.2d 1264 (Vt. 2001). · cites it 4דIt is difficult to imagine that the Legislature contemplated such a result flowing from 10 V.S.A. § 6090(c) (providing that Act 250 permits may be revoked for "violation of any conditions attached to any permit or the terms of any application, or violation of any rules of the…”
In Re Huntley, 2004 VT 115 (Vt. 2004). · cites it 4דWe reverse and hold that, when á permit expires pursuant to 10 V.S.A. § 6090(b)(1), the land is no longer subject to Act 250 jurisdiction absent some activity to trigger the statute’s application.”
In Re Denio, 608 A.2d 1166 (Vt. 1992). “See 10 V.S.A. § 6090(a). Persons coming upon this permit will know that they have to also look at the findings, conclusions and plans.”
In Re Quechee Lakes Corp., 580 A.2d 957 (Vt. 1990). “” Under 10 V.S.A. § 6090(c), the Board had the power to revoke the original permit for Quechee’s violation of the “no changes” condition.”
In Re Zoning Permit Application of Clyde, 437 A.2d 121 (Vt. 1981). “See 10 V.S.A. § 6090(b). The trial court took testimony as to all of the substantive issues involved in connection with the land use permit before the district environmental commission and the applications for site plan approval and for a conditional use permit before the…”
In Re Crushed Rock, Inc., 557 A.2d 84 (Vt. 1988). “10 V.S.A. § 6090(c) provides that: “A permit may be revoked by the board in the event of violation of any conditions attached to any permit or the terms of any application, or violation of any rules of the Board.”
In re Est. of Swinington, 733 A.2d 62 (Vt. 1999). “See Environmental Board Rules 32(B), 33(C)(3), 6 Code of Vermont Rules 12003001, at 27, 29 (1996).”
LaFrance v. Env't Bd., 706 A.2d 957 (Vt. 1998). “See 10 VS.A. § 6090(c); Agency of Natural Resources, Envtl.”
In re Tahmoush, 811 A.2d 199 (Vt. 2002). “EBR 38(A) states that a “petition for revocation of a permit under 10 V.S.A. § 6090(c) may be made to the board by .”
Leverenz Act 250 JO (Vt. Super. Ct. 2015). · cites it 7דThe District Coordinator asserted Act 250 jurisdiction over the property, reasoning that, though a four-lot subdivision would not independently trigger Act 250 jurisdiction, jurisdiction under the 1993 permit was ongoing pursuant to 10 V.S.A. § 6090(b), despite the expiration…”
Roger Rowe Act 250 (Vt. Super. Ct. 2016). · cites it 2דSee 10 V.S.A. § 6090(b)(1) (“Other permits issued under this chapter shall be for an indefinite term, as long as there is compliance with the conditions of the permit.”
Hamm Mine Reclamation Act 250 JO 2-241 (Vt. Super. Ct. 2007). · cites it 3ד” The Appellant and the Commission allowed the permit to expire on that date pursuant to 10 V.S.A. § 6090(b)(1).22 If construction had, in fact, been completed in compliance with the Permit, and the Permit had expired, then Act 250 jurisdiction would have ended.”
In Re Denio, 608 A.2d 1166 (Vt. 1992). “See 10 V.S.A. § 6090(a). Persons coming upon this permit will know that they have to also look at the findings, conclusions and plans.”
— Vt. Stat. Ann. tit. 10, § 6090(b) — 2 cases
In Re Zoning Permit Application of Clyde, 437 A.2d 121 (Vt. 1981). “See 10 V.S.A. § 6090(b). The trial court took testimony as to all of the substantive issues involved in connection with the land use permit before the district environmental commission and the applications for site plan approval and for a conditional use permit before the…”
Leverenz Act 250 JO (Vt. Super. Ct. 2015). “The District Coordinator asserted Act 250 jurisdiction over the property, reasoning that, though a four-lot subdivision would not independently trigger Act 250 jurisdiction, jurisdiction under the 1993 permit was ongoing pursuant to 10 V.S.A. § 6090(b), despite the expiration…”
— Vt. Stat. Ann. tit. 10, § 6090(b)(1) — 8 cases
In Re Huntley, 2004 VT 115 (Vt. 2004). “We reverse and hold that, when á permit expires pursuant to 10 V.S.A. § 6090(b)(1), the land is no longer subject to Act 250 jurisdiction absent some activity to trigger the statute’s application.”
Roger Rowe Act 250 (Vt. Super. Ct. 2016). “See 10 V.S.A. § 6090(b)(1) (“Other permits issued under this chapter shall be for an indefinite term, as long as there is compliance with the conditions of the permit.”
Hamm Mine Reclamation Act 250 JO 2-241 (Vt. Super. Ct. 2007). “” The Appellant and the Commission allowed the permit to expire on that date pursuant to 10 V.S.A. § 6090(b)(1).22 If construction had, in fact, been completed in compliance with the Permit, and the Permit had expired, then Act 250 jurisdiction would have ended.”
Leverenz Act 250 JO (Vt. Super. Ct. 2015). “The District Coordinator asserted Act 250 jurisdiction over the property, reasoning that, though a four-lot subdivision would not independently trigger Act 250 jurisdiction, jurisdiction under the 1993 permit was ongoing pursuant to 10 V.S.A. § 6090(b), despite the expiration…”
— Vt. Stat. Ann. tit. 10, § 6090(c) — 9 cases
In Re White, 779 A.2d 1264 (Vt. 2001). “It is difficult to imagine that the Legislature contemplated such a result flowing from 10 V.S.A. § 6090(c) (providing that Act 250 permits may be revoked for "violation of any conditions attached to any permit or the terms of any application, or violation of any rules of the…”
In Re Quechee Lakes Corp., 580 A.2d 957 (Vt. 1990). “” Under 10 V.S.A. § 6090(c), the Board had the power to revoke the original permit for Quechee’s violation of the “no changes” condition.”
In Re Crushed Rock, Inc., 557 A.2d 84 (Vt. 1988). “10 V.S.A. § 6090(c) provides that: “A permit may be revoked by the board in the event of violation of any conditions attached to any permit or the terms of any application, or violation of any rules of the Board.”
LaFrance v. Env't Bd., 706 A.2d 957 (Vt. 1998). “See 10 VS.A. § 6090(c); Agency of Natural Resources, Envtl.”
In re Tahmoush, 811 A.2d 199 (Vt. 2002). “EBR 38(A) states that a “petition for revocation of a permit under 10 V.S.A. § 6090(c) may be made to the board by .”
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