Vermont Statutes Annotated
Vt. Stat. Ann. tit. 10, § 8502 (2026)
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(Cite as: 10 V.S.A. § 8502)
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§ 8502. Definitions
As used in this chapter:
(1) “District Commission” means a District Environmental Commission established under chapter 151 of this title.
(2) “District coordinator” means a district environmental coordinator attached to a District Commission established under chapter 151 of this title.
(3) “Environmental Court” or “Environmental Division” means the Environmental Division of the Superior Court established by 4 V.S.A. § 30.
(4) “Land Use Review Board” or “Board” means the Board established under chapter 151 of this title.
(5) “Party by right” means the following:
(A) the applicant;
(B) the landowner, if the applicant is not the landowner;
(C) the municipality in which the project site is located and the municipal and regional planning commissions for that municipality;
(D) if the project site is located on a boundary, any Vermont municipality adjacent to that border and the municipal and regional planning commissions for that municipality;
(E) the solid waste management district in which the land is located, if the development or subdivision constitutes a facility pursuant to subdivision 6602(10) of this title;
(F) any State agency affected by the proposed project.
(6) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.
(7) “Person aggrieved” means a person who alleges an injury to a particularized interest protected by the provisions of law listed in section 8503 of this title, attributable to an act or decision by a district coordinator, District Commission, the Secretary, or the Environmental Division that can be redressed by the Environmental Division or the Supreme Court.
(8) “Secretary” means the Secretary of Natural Resources or the Secretary’s duly authorized representative. As used in this chapter, “Secretary” shall also mean the Commissioner of Environmental Conservation, the Commissioner of Forests, Parks and Recreation, and the Commissioner of Fish and Wildlife, with respect to those statutes that refer to the authority of that commissioner or department. (Added 2003, No. 115 (Adj. Sess.), § 74, eff. Jan. 31, 2005; amended 2009, No. 154 (Adj. Sess.), §§ 53e, 236; 2013, No. 11, § 22.)
Notes of Decisions
Cited in 50
cases (13 in the last 5 years), 2006–2026 · leading case: In re Snowstone Stormwater Discharge Authorization (Michael Harrington, Appellants), 2021 VT 36, 256 A.3d 62.
In re Snowstone Stormwater Discharge Authorization (Michael Harrington, Appellants), 2021 VT 36, 256 A.3d 62. “If the applicant for proposed development is not the landowner, the owner of the land on which development is proposed is a “party by right” under 10 V.S.A. § 8502(5)(B). Where a statute establishes a party by right, the party is entitled to intervene in the action “upon timely…”
In re Lake Bomoseen Ass'n & Lake Bomoseen Pres. Trust Denial (Lindsey C. Waterhouse, Appellant), 2025 VT 59, 356 A.3d 1030. “Waterhouse has not established himself as a “person aggrieved” under 10 V.S.A § 8502(7), and the Environmental Division did not err in dismissing Mr.”
Lake Bomoseen Ass'n & LBPT Denial - Decision on Motions, No. 24-ENV-00035 (Vt. Super. Ct. Sept. 19, 2024). “5(b)(4), as applicants are parties by right under 10 V.S.A. § 8502(5) and service of the notice of appeal on them is required.”
Diverging Diamond Act 250, No. 169-12-16 Vtec (Vt. Super. Ct. Mar. 17, 2017). “10 V.S.A. § 8502(5)(B) (defining “the landowner, if the applicant is not the landowner” as a party by right).”
Devonwood Investors, LLC 75 Cherry Street, No. 39-4-17 Vtec (Vt. Super. Ct. May 22, 2017). “10 V.S.A. § 8502(5)(A) and (B). A similar provision is found in the Burlington zoning regulations.”
Lot 20, 295 Applewood Road Wetland Determination - Decision on Motion, No. 24-ENV-00072 (Vt. Super. Ct. June 18, 2025). “” 10 V.S.A. § 8502(7).1 The standing requirement originates with Article III of the United States Constitution, which states that courts only have jurisdiction over actual cases or controversies, and Vermont has adopted this case or controversy requirement.”
Entergy Nuclear/Vermont Yankee Thermal Discharge Permit Amendment, No. 89-04-06 Vtec (Vt. Super. Ct. Jan. 9, 2007). “In addition, for the purposes of judicial efficiency, it is helpful to have each organization represent the interests of its individual members, rather than having a potentially large number of those individuals all participating individually.”
Omya Solid Waste Facility Interim & Final Certification, No. 273-11-08 Vtec (Vt. Super. Ct. Nov. 16, 2010). “First, unincorporated associations, as well as for-profit and non-profit corporations, fall within the definition of “person” under 10 V.S.A. § 8502(6). A person is considered to be “aggrieved” by an ANR decision, and therefore entitled to appeal the decision under § 8504(a), if…”
Marcelino Recycling Facility JO, No. 44-02-07 Vtec (Vt. Super. Ct. Nov. 6, 2007). “1 Discussion Appellee Marcelino has consistently maintained that Ranger should not be granted party status under 10 V.S.A. §§ 8502 and 8503, because Ranger has not alleged an injury.”
Killington Vill. Master Plan Act 250, No. 147-10-13 Vtec (Vt. Super. Ct. June 21, 2016). “We concluded that the TRORC was entitled to retain the party status it requested under Criterion 5 and 9(K)2 because parts of the proposed development bordered the Town of 2 We actually concluded that TRORC was entitled to statutory party status under all criteria pursuant to 10…”
Zlotoff Found. Inc. NOV (2) - Decision on Motion (Intervene), No. 69-6-19 Vtec (Vt. Super. Ct. Aug. 11, 2020). “§ 8504(n)(2) provides a right of intervention for a “party by right” as defined under 10 V.S.A. § 8502(5). The issue here is twofold: (1) whether AIR qualifies as a party by right, and (2) whether the motion was timely.”
Lake Bomoseen Ass'n & LBPT Denial - Decision on Motions, No. 24-ENV-00035 (Vt. Super. Ct. Jan. 10, 2025). “Rule 5(b)(4) because they are parties by right under 10 V.S.A. § 8502(5). It is not disputed that LBA and LBPT are aware of this action.”
Vt. Stat. Ann. tit. 10, § 8502(4)(C): 1 case
Fowler NOV, No. 159-10-11 Vec (Vt. Super. Ct. Sept. 19, 2012).
Vt. Stat. Ann. tit. 10, § 8502(5): 9 cases
Rockingham Sch. Dist. Permit Renovation, No. 20-2-13 Vtec (Vt. Super. Ct. Apr. 24, 2014).
Hovey Act 250 Permit, No. 130-9-13 Vtec (Vt. Super. Ct. Mar. 6, 2014).
Zlotoff Found. Inc. NOV (2) - Decision on Motion (Intervene), No. 69-6-19 Vtec (Vt. Super. Ct. Aug. 11, 2020). “§ 8504(n)(2) provides a right of intervention for a “party by right” as defined under 10 V.S.A. § 8502(5). The issue here is twofold: (1) whether AIR qualifies as a party by right, and (2) whether the motion was timely.”
Lake Bomoseen Ass'n & LBPT Denial - Decision on Motions, No. 24-ENV-00035 (Vt. Super. Ct. Sept. 19, 2024). “5(b)(4), as applicants are parties by right under 10 V.S.A. § 8502(5) and service of the notice of appeal on them is required.”
Lake Bomoseen Ass'n & LBPT Denial - Decision on Motions, No. 24-ENV-00035 (Vt. Super. Ct. Jan. 10, 2025). “Rule 5(b)(4) because they are parties by right under 10 V.S.A. § 8502(5). It is not disputed that LBA and LBPT are aware of this action.”
Vt. Stat. Ann. tit. 10, § 8502(5)(A): 3 cases
Devonwood Investors, LLC 75 Cherry Street, No. 39-4-17 Vtec (Vt. Super. Ct. May 22, 2017). “10 V.S.A. § 8502(5)(A) and (B). A similar provision is found in the Burlington zoning regulations.”
In re East Hill Road Wastewater Permit (Kayle Hope), No. 23-AP-186 (Vt. Jan. 12, 2024).
Snowstone LLC SW Discharge & Snowstone, LLC JO 2-308 - Decision on Motion, No. 151-11-17 Vtec 76-7-19 Vtec (Vt. Super. Ct. Jan. 28, 2020).
Vt. Stat. Ann. tit. 10, § 8502(5)(B): 3 cases
In re Snowstone Stormwater Discharge Authorization (Michael Harrington, Appellants), 2021 VT 36, 256 A.3d 62. “If the applicant for proposed development is not the landowner, the owner of the land on which development is proposed is a “party by right” under 10 V.S.A. § 8502(5)(B). Where a statute establishes a party by right, the party is entitled to intervene in the action “upon timely…”
Diverging Diamond Act 250, No. 169-12-16 Vtec (Vt. Super. Ct. Mar. 17, 2017). “10 V.S.A. § 8502(5)(B) (defining “the landowner, if the applicant is not the landowner” as a party by right).”
Zlotoff Found. Inc. NOV (2) - Decision on Motion (Intervene), No. 69-6-19 Vtec (Vt. Super. Ct. Aug. 11, 2020). “§ 8504(n)(2) provides a right of intervention for a “party by right” as defined under 10 V.S.A. § 8502(5). The issue here is twofold: (1) whether AIR qualifies as a party by right, and (2) whether the motion was timely.”
Vt. Stat. Ann. tit. 10, § 8502(5)(C): 5 cases
Champlain Oil Co McDuff 19-2-16 Vtec, No. 19-2-16 Vtec (Vt. Super. Ct. Aug. 1, 2016).
53 North Pleasant Street Denial - Decision on Motion, No. 23-ENV-00124 (Vt. Super. Ct. Apr. 1, 2024).
Poultney Props. LLC Change of Use & SP App. - Decision on Motion, No. 98-7-17 Vtec (Vt. Super. Ct. Feb. 4, 2021).
Hollow Road 9-Lot PUD - Entry Regarding Motion to Determine Party Status, No. 6-1-18 Vtec (Vt. Super. Ct. July 20, 2018).
Killington Vill. Master Plan Act 250, No. 147-10-13 Vtec (Vt. Super. Ct. Aug. 6, 2014).
Vt. Stat. Ann. tit. 10, § 8502(5)(D): 1 case
Killington Vill. Master Plan Act 250, No. 147-10-13 Vtec (Vt. Super. Ct. June 21, 2016). “We concluded that the TRORC was entitled to retain the party status it requested under Criterion 5 and 9(K)2 because parts of the proposed development bordered the Town of 2 We actually concluded that TRORC was entitled to statutory party status under all criteria pursuant to 10…”
Vt. Stat. Ann. tit. 10, § 8502(5)(b): 1 case
Devonwood Investors, LLC 75 Cherry Street, No. 39-4-17 Vtec (Vt. Super. Ct. May 22, 2017). “10 V.S.A. § 8502(5)(A) and (B). A similar provision is found in the Burlington zoning regulations.”
Vt. Stat. Ann. tit. 10, § 8502(5)(c): 1 case
Ranney Dairy Farm, LLC Major Subdivision Appeal - Decision on Motion, No. 22-ENV-00018 (Vt. Super. Ct. Feb. 6, 2025).
Vt. Stat. Ann. tit. 10, § 8502(6): 6 cases
Lake Bomoseen Ass'n & LBPT Denial - Decision on Motions, No. 24-ENV-00035 (Vt. Super. Ct. Sept. 19, 2024). “5(b)(4), as applicants are parties by right under 10 V.S.A. § 8502(5) and service of the notice of appeal on them is required.”
Omya Solid Waste Facility Interim & Final Certification, No. 273-11-08 Vtec (Vt. Super. Ct. Nov. 16, 2010). “First, unincorporated associations, as well as for-profit and non-profit corporations, fall within the definition of “person” under 10 V.S.A. § 8502(6). A person is considered to be “aggrieved” by an ANR decision, and therefore entitled to appeal the decision under § 8504(a), if…”
Verizon Wireless Act 250 Permit Barton, No. 6-1-09 Vtec (Vt. Super. Ct. Feb. 2, 2010).
Keystone Dev. Corp. NOV Appeal, No. 62-03-07 Vtec (Vt. Super. Ct. June 4, 2007).
Unified Buddhist Church, Inc., No. 253-10-06 Vtec (Vt. Super. Ct. May 11, 2007).
Vt. Stat. Ann. tit. 10, § 8502(7): 36 cases
In re Snowstone Stormwater Discharge Authorization (Michael Harrington, Appellants), 2021 VT 36, 256 A.3d 62. “If the applicant for proposed development is not the landowner, the owner of the land on which development is proposed is a “party by right” under 10 V.S.A. § 8502(5)(B). Where a statute establishes a party by right, the party is entitled to intervene in the action “upon timely…”
In re Lake Bomoseen Ass'n & Lake Bomoseen Pres. Trust Denial (Lindsey C. Waterhouse, Appellant), 2025 VT 59, 356 A.3d 1030. “Waterhouse has not established himself as a “person aggrieved” under 10 V.S.A § 8502(7), and the Environmental Division did not err in dismissing Mr.”
Lake Bomoseen Ass'n & LBPT Denial - Decision on Motions, No. 24-ENV-00035 (Vt. Super. Ct. Sept. 19, 2024). “5(b)(4), as applicants are parties by right under 10 V.S.A. § 8502(5) and service of the notice of appeal on them is required.”
Lot 20, 295 Applewood Road Wetland Determination - Decision on Motion, No. 24-ENV-00072 (Vt. Super. Ct. June 18, 2025). “” 10 V.S.A. § 8502(7).1 The standing requirement originates with Article III of the United States Constitution, which states that courts only have jurisdiction over actual cases or controversies, and Vermont has adopted this case or controversy requirement.”
Diverging Diamond Act 250, No. 169-12-16 Vtec (Vt. Super. Ct. Mar. 17, 2017). “10 V.S.A. § 8502(5)(B) (defining “the landowner, if the applicant is not the landowner” as a party by right).”
Vt. Stat. Ann. tit. 10, § 8502(n)(4): 1 case
Lake Bomoseen Ass'n & LBPT Denial - Decision on Motions, No. 24-ENV-00035 (Vt. Super. Ct. Sept. 19, 2024). “5(b)(4), as applicants are parties by right under 10 V.S.A. § 8502(5) and service of the notice of appeal on them is required.”
Vt. Stat. Ann. tit. 10, § 8502(n)(6): 1 case
Lake Bomoseen Ass'n & LBPT Denial - Decision on Motions, No. 24-ENV-00035 (Vt. Super. Ct. Sept. 19, 2024). “5(b)(4), as applicants are parties by right under 10 V.S.A. § 8502(5) and service of the notice of appeal on them is required.”
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