Vt. Stat. Ann. » Title 24 Chapter 117
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 24, § 4413 (2026)

✓ current as of May 2026
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Subchapter 007 : BYLAWS

(Cite as: 24 V.S.A. § 4413)
Notes of Decisions
Cited in 48 cases (10 in the last 5 years), 2004–2026 · leading case: In re Petition of Rutland Renewable Energy, LLC for Certificate of Pub. Good Pursuant to 30 V.S.A. § 248, 2016 VT 50 (Vt. 2016).
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In re Petition of Rutland Renewable Energy, LLC for Certificate of Pub. Good Pursuant to 30 V.S.A. § 248, 2016 VT 50 (Vt. 2016). · cites it 4× “With respect to the first reason, the Board relied upon 24 V.S.A. § 4413(b), which provides that zoning bylaws “shall not regulate public utility power generating plants and transmission facilities regulated under 30 V.”
In re Petition of Apple Hill Solar LLC, 2021 VT 69 (Vt. 2021). · cites it 5× “luding that the Bennington Town Plan and Bennington Regional Plan contained clear community standards and that the project would violate those standards; (3) applying the “modified Quechee” standard in the aesthetics analysis without having gone through rulemaking; (4) treating…”
In re Moore Accessory Structure Permit & Use, 2013 VT 54 (Vt. 2013). · cites it 8× “Many states have enacted statutes comparable to the limitation on local zoning set forth in 24 V.S.A. § 4413 to facilitate efforts by farmers — similar to those undertaken by appellees — to diversify and become more self-sufficient.”
In Re Appeal of Van Nostrand, 2008 VT 77 (Vt. 2008). “Indeed, when the subdivision permit at issue here was granted, state planning law required that municipal subdivision regulations set forth “[standards for the design and layout of streets, curbs, gutters, street lights, fire hydrants, shade trees, water, sewage and drainage…”
In Re 8 Taft Street DRB & NOV Appeals (Stephen Wille Padnos & Sharon Wille Padnos, Appellants), 2025 VT 27 (Vt. 2025). · cites it 12× “The court concluded that landowner’s duck-raising operation is exempt from municipal regulation under 24 V.S.A. § 4413(d)(1)(A) because it constitutes a commercial farming operation subject to the Required Agricultural Practices (RAPs) Rule.”
In Re Cathedral of the Immaculate Par. Charitable Trust Appeal (Carolyn Bates, Appellants), 2024 VT 77 (Vt. 2024). · cites it 6× “cc/8VAW-KDB2] (recognizing 24 V.S.A. § 4413(a) guides compliance for zoning ordinances with RLUIPA).”
Sunset Cliff Homeowners Ass'n. v. City of Burlington, 2008 VT 56 (Vt. 2008). “Developer correctly notes that under 24 V.S.A. § 4413(d) municipalities may not regulate accepted agricultural and silvicultural practices.”
Capitol Plaza 2-Lot Subdivision/Capitol Plaza Major Site Plan - Decision on Motions (Vt. Super. Ct. 2020). · cites it 16× “” 24 V.S.A. § 4413. The statute provides the following regarding “state- or community- owned and operated institutions and facilities”: 4 [These] uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings,…”
Town of Charlotte Recreational Trail (Vt. Super. Ct. 2011). · cites it 27× “15 and 24 V.S.A. § 4413. Appellants do not dispute that the trail system is owned by the Town, but do dispute the Town’s legal conclusion; Appellants argue that the phrase “community-owned and operated” refers to private ownership by a group of people or entities and not public…”
Moore Accessory Structure Permit (Vt. Super. Ct. 2010). · cites it 11× “Effective on May 19, 1988, the legislature first enacted the provision that has been expanded over time to the present 24 V.S.A. § 4413(d), then providing in full that: [n]o [municipal] plan or bylaw adopted under this chapter7 shall restrict accepted agricultural or…”
8 Taft Street Appeals - Decision on Motions (Vt. Super. Ct. 2024). · cites it 6× “As explained in the Court’s August 7 Decision with respect to Required Agricultural Practices (RAPs), 24 V.S.A. § 4413(d)(1) precludes municipalities from interfering with RAP-regulated farming and from prohibiting such farming activities in certain zoning districts.”
Pres. Burlington v. Cathedral of the Immaculate Conception Par. Charitable Trust (D. Vt. 2023). · cites it 6× “Plaintiffs seek a declaratory judgment that the religious exemption provision of § 4413 is unconstitutional under the First Amendment? and an order enjoining the Trust ' In its April 14, 2023 Order, the court dismissed Preservation Burlington as a plaintiff.”
Show all 48 citing cases →
— Vt. Stat. Ann. tit. 24, § 4413(1) — 1 case
State of Vt. Agency of Transportion Lyndon (Vt. Super. Ct. 2007).
— Vt. Stat. Ann. tit. 24, § 4413(3)(A)(iii) — 1 case
Application of Severance (Vt. Super. Ct. 2009).
— Vt. Stat. Ann. tit. 24, § 4413(a) — 12 cases
Town of Charlotte Recreational Trail (Vt. Super. Ct. 2011). “15 and 24 V.S.A. § 4413. Appellants do not dispute that the trail system is owned by the Town, but do dispute the Town’s legal conclusion; Appellants argue that the phrase “community-owned and operated” refers to private ownership by a group of people or entities and not public…”
Capitol Plaza 2-Lot Subdivision/Capitol Plaza Major Site Plan - Decision on Motions (Vt. Super. Ct. 2020). “” 24 V.S.A. § 4413. The statute provides the following regarding “state- or community- owned and operated institutions and facilities”: 4 [These] uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings,…”
Appeals fo Valsangiacomo (Decision & Order on Motion for Summary Judgment) (Vt. Super. Ct. 2004).
In Re Cathedral of the Immaculate Par. Charitable Trust Appeal (Carolyn Bates, Appellants), 2024 VT 77 (Vt. 2024). “cc/8VAW-KDB2] (recognizing 24 V.S.A. § 4413(a) guides compliance for zoning ordinances with RLUIPA).”
Appeals of Valsangiacomo (Decision & Order on Applicable Review Criteria) (Vt. Super. Ct. 2004).
— Vt. Stat. Ann. tit. 24, § 4413(a)(1) — 4 cases
In Re Cathedral of the Immaculate Par. Charitable Trust Appeal (Carolyn Bates, Appellants), 2024 VT 77 (Vt. 2024). “cc/8VAW-KDB2] (recognizing 24 V.S.A. § 4413(a) guides compliance for zoning ordinances with RLUIPA).”
State of Vt. Agency of Transportion Lyndon (Vt. Super. Ct. 2007).
Capitol Plaza 2-Lot Subdivision/Capitol Plaza Major Site Plan - Decision on Motions (Vt. Super. Ct. 2020). “” 24 V.S.A. § 4413. The statute provides the following regarding “state- or community- owned and operated institutions and facilities”: 4 [These] uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings,…”
Town of Grand Isle v. State of Vermont - Decision on Motion (Vt. Super. Ct. 2018).
— Vt. Stat. Ann. tit. 24, § 4413(a)(1)(A) — 2 cases
Capitol Plaza 2-Lot Subdivision/Capitol Plaza Major Site Plan - Decision on Motions (Vt. Super. Ct. 2020). “” 24 V.S.A. § 4413. The statute provides the following regarding “state- or community- owned and operated institutions and facilities”: 4 [These] uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings,…”
mongeon bay props v. colchester (Vt. Super. Ct. 2024).
— Vt. Stat. Ann. tit. 24, § 4413(a)(1)(B) — 1 case
Okemo Mountain Sch. (Vt. Super. Ct. 2016).
— Vt. Stat. Ann. tit. 24, § 4413(a)(1)(C) — 1 case
In Re Cathedral of the Immaculate Par. Charitable Trust Appeal (Carolyn Bates, Appellants), 2024 VT 77 (Vt. 2024). “cc/8VAW-KDB2] (recognizing 24 V.S.A. § 4413(a) guides compliance for zoning ordinances with RLUIPA).”
— Vt. Stat. Ann. tit. 24, § 4413(a)(2) — 1 case
In Re Appeal of Van Nostrand, 2008 VT 77 (Vt. 2008). “Indeed, when the subdivision permit at issue here was granted, state planning law required that municipal subdivision regulations set forth “[standards for the design and layout of streets, curbs, gutters, street lights, fire hydrants, shade trees, water, sewage and drainage…”
— Vt. Stat. Ann. tit. 24, § 4413(a)(2004) — 1 case
Appeals of Valsangiacomo (Vt. Super. Ct. 2006).
— Vt. Stat. Ann. tit. 24, § 4413(b) — 4 cases
In re Petition of Rutland Renewable Energy, LLC for Certificate of Pub. Good Pursuant to 30 V.S.A. § 248, 2016 VT 50 (Vt. 2016). “With respect to the first reason, the Board relied upon 24 V.S.A. § 4413(b), which provides that zoning bylaws “shall not regulate public utility power generating plants and transmission facilities regulated under 30 V.”
In re Petition of Apple Hill Solar LLC, 2021 VT 69 (Vt. 2021). “luding that the Bennington Town Plan and Bennington Regional Plan contained clear community standards and that the project would violate those standards; (3) applying the “modified Quechee” standard in the aesthetics analysis without having gone through rulemaking; (4) treating…”
Town of Grand Isle v. State of Vermont - Decision on Motion (Vt. Super. Ct. 2018).
E. Randolph Meadows Corp. PUD (Vt. Super. Ct. 2007).
— Vt. Stat. Ann. tit. 24, § 4413(c) — 3 cases
Capitol Plaza 2-Lot Subdivision/Capitol Plaza Major Site Plan - Decision on Motions (Vt. Super. Ct. 2020). “” 24 V.S.A. § 4413. The statute provides the following regarding “state- or community- owned and operated institutions and facilities”: 4 [These] uses may be regulated only with respect to location, size, height, building bulk, yards, courts, setbacks, density of buildings,…”
Conlon CU Permit (Vt. Super. Ct. 2012).
LaFogg Subdivision final Plat (Vt. Super. Ct. 2012).
— Vt. Stat. Ann. tit. 24, § 4413(d) — 8 cases
In re Moore Accessory Structure Permit & Use, 2013 VT 54 (Vt. 2013). “Many states have enacted statutes comparable to the limitation on local zoning set forth in 24 V.S.A. § 4413 to facilitate efforts by farmers — similar to those undertaken by appellees — to diversify and become more self-sufficient.”
Sunset Cliff Homeowners Ass'n. v. City of Burlington, 2008 VT 56 (Vt. 2008). “Developer correctly notes that under 24 V.S.A. § 4413(d) municipalities may not regulate accepted agricultural and silvicultural practices.”
Moore Accessory Structure Permit (Vt. Super. Ct. 2010). “Effective on May 19, 1988, the legislature first enacted the provision that has been expanded over time to the present 24 V.S.A. § 4413(d), then providing in full that: [n]o [municipal] plan or bylaw adopted under this chapter7 shall restrict accepted agricultural or…”
More Accessory Structure (Vt. Super. Ct. 2012).
Moore Accessory Structure (Vt. Super. Ct. 2012).
— Vt. Stat. Ann. tit. 24, § 4413(d)(1) — 5 cases
In re Moore Accessory Structure Permit & Use, 2013 VT 54 (Vt. 2013). “Many states have enacted statutes comparable to the limitation on local zoning set forth in 24 V.S.A. § 4413 to facilitate efforts by farmers — similar to those undertaken by appellees — to diversify and become more self-sufficient.”
Moore Accessory Structure (Vt. Super. Ct. 2012).
Moore Accessory Structure Permit (Vt. Super. Ct. 2011).
More Accessory Structure (Vt. Super. Ct. 2012).
8 Taft Street Appeals - Decision on Motions (Vt. Super. Ct. 2024). “As explained in the Court’s August 7 Decision with respect to Required Agricultural Practices (RAPs), 24 V.S.A. § 4413(d)(1) precludes municipalities from interfering with RAP-regulated farming and from prohibiting such farming activities in certain zoning districts.”
— Vt. Stat. Ann. tit. 24, § 4413(d)(1)(A) — 6 cases
In Re 8 Taft Street DRB & NOV Appeals (Stephen Wille Padnos & Sharon Wille Padnos, Appellants), 2025 VT 27 (Vt. 2025). “The court concluded that landowner’s duck-raising operation is exempt from municipal regulation under 24 V.S.A. § 4413(d)(1)(A) because it constitutes a commercial farming operation subject to the Required Agricultural Practices (RAPs) Rule.”
8 Taft Street Appeals - Decision on Motions (Vt. Super. Ct. 2024). “As explained in the Court’s August 7 Decision with respect to Required Agricultural Practices (RAPs), 24 V.S.A. § 4413(d)(1) precludes municipalities from interfering with RAP-regulated farming and from prohibiting such farming activities in certain zoning districts.”
Shumway CU Appeal - Decision on Merits (Vt. Super. Ct. 2025).
1697 Brockways Mills Road Denial - Decision on Motion (Vt. Super. Ct. 2025).
8 Taft Street Notice of Violation - Decision on Motions (Vt. Super. Ct. 2026).
— Vt. Stat. Ann. tit. 24, § 4413(d)(1)(a) — 1 case
In Re 8 Taft Street DRB & NOV Appeals (Stephen Wille Padnos & Sharon Wille Padnos, Appellants), 2025 VT 27 (Vt. 2025). “The court concluded that landowner’s duck-raising operation is exempt from municipal regulation under 24 V.S.A. § 4413(d)(1)(A) because it constitutes a commercial farming operation subject to the Required Agricultural Practices (RAPs) Rule.”
— Vt. Stat. Ann. tit. 24, § 4413(d)(2) — 1 case
Moore Accessory Structure (Vt. Super. Ct. 2012).
— Vt. Stat. Ann. tit. 24, § 4413(d)(2)(A) — 2 cases
In Re 8 Taft Street DRB & NOV Appeals (Stephen Wille Padnos & Sharon Wille Padnos, Appellants), 2025 VT 27 (Vt. 2025). “The court concluded that landowner’s duck-raising operation is exempt from municipal regulation under 24 V.S.A. § 4413(d)(1)(A) because it constitutes a commercial farming operation subject to the Required Agricultural Practices (RAPs) Rule.”
Stanion NOV (Vt. Super. Ct. 2017).
— Vt. Stat. Ann. tit. 24, § 4413(d)(3) — 1 case
Stanion NOV (Vt. Super. Ct. 2017).
— Vt. Stat. Ann. tit. 24, § 4413(d)(l) — 1 case
In re Moore Accessory Structure Permit & Use, 2013 VT 54 (Vt. 2013). “Many states have enacted statutes comparable to the limitation on local zoning set forth in 24 V.S.A. § 4413 to facilitate efforts by farmers — similar to those undertaken by appellees — to diversify and become more self-sufficient.”
— Vt. Stat. Ann. tit. 24, § 4413(g) — 2 cases
Goddard Coll. CU (Vt. Super. Ct. 2012).
Williamson third Tier Application (Vt. Super. Ct. 2013).
— Vt. Stat. Ann. tit. 24, § 4413(g)(2) — 1 case
In re Petition of Apple Hill Solar LLC, 2021 VT 69 (Vt. 2021). “luding that the Bennington Town Plan and Bennington Regional Plan contained clear community standards and that the project would violate those standards; (3) applying the “modified Quechee” standard in the aesthetics analysis without having gone through rulemaking; (4) treating…”
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