Vermont Statutes Annotated

Vt. Stat. Ann. tit. 24, § 4387 (2026)

✓ current as of May 2026

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Subchapter 005 : MUNICIPAL DEVELOPMENT PLAN

(Cite as: 24 V.S.A. § 4387)

§ 4387. Readoption of plans

(a) All plans, including all prior amendments, shall expire every eight years unless they are readopted according to the procedures in section 4385 of this title.

(b)(1) A municipality may readopt any plan that has expired or is about to expire. Prior to any readoption, the planning commission shall review and update the information on which the plan is based, and shall consider this information in evaluating the continuing applicability of the plan. In its review, the planning commission shall:

(A) consider the recommendations of the regional planning commission provided pursuant to subdivision 4350(c)(2) of this title;

(B) engage in community outreach and involvement in updating the plan;

(C) consider consistency with the goals established in section 4302 of this title;

(D) address the required plan elements under section 4382 of this title;

(E) evaluate the plan for internal consistency among plan elements, goals, objectives, and community standards;

(F) address compatibility with the regional plan and the approved plans of adjoining municipalities; and

(G) establish a program and schedule for implementing the plan.

(2) The readopted plan shall remain in effect for the ensuing eight years unless earlier readopted.

(c) Upon the expiration of a plan, all bylaws and capital budgets and programs then in effect shall remain in effect, but shall not be amended until a plan is in effect.

(d) The fact that a plan has not been approved shall not make it inapplicable, except as specifically provided by this chapter. Bylaws, capital budgets, and programs shall remain in effect, even if the plan has not been approved. (Added 1967, No. 334 (Adj. Sess.), § 1, eff. March 23, 1968; amended 1975, No. 164 (Adj. Sess.), § 4; 1981, No. 132 (Adj. Sess.), § 11; 1987, No. 200 (Adj. Sess.), § 14, eff. July 1, 1989; 1989, No. 280 (Adj. Sess.), § 10; 2015, No. 90 (Adj. Sess.), § 3.)

Notes of Decisions

Cited in 6 cases, 2003–2017 · leading case: In Re John A. Russell Corp., 2003 VT 93 (Vt. 2003).

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In Re John A. Russell Corp., 2003 VT 93 (Vt. 2003). · cites it 2× “See 24 V.S.A. § 4387(a) (town plan expires every five years unless readopted or a new plan is adopted).”

In Re Paynter 2-Lot Subdivision, 2010 VT 28 (Vt. 2010). · cites it 2× “Under 24 V.S.A. § 4387(c), “[u]pon the expiration of a [town] plan, all [zoning] bylaws .”

Paynter 2-Lot Subdivision (Vt. Super. Ct. 2009). · cites it 3× “Under 24 V.S.A. § 4387(a), this plan expired as of September 7, 2005, as it was not readopted under § 4385.”

Diverging Diamond Interchange SW Permit (Vt. Super. Ct. 2017). “ne ON A separate statutory provision, 24 V.S.A. § 4387(d), has been interpreted by the Supreme Court to give a new town plan retroactive effect to the time that the previous town plan expired.”

Univ. Mall, LLC & 205 DS, LLC v. City of S. Burlington (Vt. Super. Ct. 2013). “Because this Court only has the jurisdiction to hear claims brought under 24 V.S.A. § 4472(b) that challenge the constitutionality of one or more provisions of a bylaw, we GRANT the City’s motion to dismiss Count I of Plaintiff’s complaint.”

Lake Carmi, LLC CU Application CU Application (Vt. Super. Ct. 2008). “See 24 V.S.A. § 4387(a) (“All [municipal] plans, including all prior amendments, shall expire every five years unless they are readopted according to the procedures in [24 V.”

— Vt. Stat. Ann. tit. 24, § 4387(a) — 3 cases

In Re John A. Russell Corp., 2003 VT 93 (Vt. 2003). “See 24 V.S.A. § 4387(a) (town plan expires every five years unless readopted or a new plan is adopted).”

Paynter 2-Lot Subdivision (Vt. Super. Ct. 2009). “Under 24 V.S.A. § 4387(a), this plan expired as of September 7, 2005, as it was not readopted under § 4385.”

Lake Carmi, LLC CU Application CU Application (Vt. Super. Ct. 2008). “See 24 V.S.A. § 4387(a) (“All [municipal] plans, including all prior amendments, shall expire every five years unless they are readopted according to the procedures in [24 V.”

— Vt. Stat. Ann. tit. 24, § 4387(c) — 4 cases

In Re Paynter 2-Lot Subdivision, 2010 VT 28 (Vt. 2010). “Under 24 V.S.A. § 4387(c), “[u]pon the expiration of a [town] plan, all [zoning] bylaws .”

In Re John A. Russell Corp., 2003 VT 93 (Vt. 2003). “See 24 V.S.A. § 4387(a) (town plan expires every five years unless readopted or a new plan is adopted).”

Paynter 2-Lot Subdivision (Vt. Super. Ct. 2009). “Under 24 V.S.A. § 4387(a), this plan expired as of September 7, 2005, as it was not readopted under § 4385.”

Univ. Mall, LLC & 205 DS, LLC v. City of S. Burlington (Vt. Super. Ct. 2013). “Because this Court only has the jurisdiction to hear claims brought under 24 V.S.A. § 4472(b) that challenge the constitutionality of one or more provisions of a bylaw, we GRANT the City’s motion to dismiss Count I of Plaintiff’s complaint.”

— Vt. Stat. Ann. tit. 24, § 4387(d) — 1 case

Diverging Diamond Interchange SW Permit (Vt. Super. Ct. 2017). “ne ON A separate statutory provision, 24 V.S.A. § 4387(d), has been interpreted by the Supreme Court to give a new town plan retroactive effect to the time that the previous town plan expired.”

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