Vermont Statutes Annotated

Vt. Stat. Ann. tit. 24, § 4452 (2026)

✓ current as of May 2026

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Subchapter 009 : ADOPTION, ADMINISTRATION, AND ENFORCEMENT

(Cite as: 24 V.S.A. § 4452)

§ 4452. Enforcement; remedies

If any street, building, structure, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of any bylaw adopted under this chapter, the administrative officer shall institute in the name of the municipality any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate that construction or use, or to prevent, in or about those premises, any act, conduct, business, or use constituting a violation. A court action under this section may be initiated in the Environmental Division, or as appropriate, before the Judicial Bureau, as provided under section 1974a of this title. (Added 2003, No. 115 (Adj. Sess.), § 101; amended 2009, No. 154 (Adj. Sess.), § 236.)

Notes of Decisions

Cited in 36 cases (11 in the last 5 years), 2006–2025 · leading case: Killington Moutain House LLC NOV - Decision on Motion (Vt. Super. Ct. 2020).

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Killington Moutain House LLC NOV - Decision on Motion (Vt. Super. Ct. 2020). · cites it 3× “Both NOVs were reviewed and affirmed by the ZBA pursuant to the 2017 Bylaws and 24 V.S.A. § 4452. Currently before the Court is the Town’s motion for partial summary judgment, pursuant to V.”

Town of Halifax v. LeMay & Jeffrey - Decision on Motion (Vt. Super. Ct. 2019). · cites it 3× “§ 4451 and injunctive relief under 24 V.S.A. § 4452 from both Defendants. However, our review of the materials cited by the Town in support of its motion revealed a procedural history that affects the relief the Town is entitled 2 We reiterate that even though the ZBA overturned…”

All Metal Recycling Inc (Vt. Super. Ct. 2012). · cites it 4× “Because we determine as a matter of law that the Town is not required to commence an enforcement proceeding against All Metals even if it had engaged in unpermitted activities, we need not determine whether All Metals did in fact engage in the alleged unpermitted activities.…”

110 Riverside Avenue NOV Appeal & City of Burlington v. Sisters & Bros. - Decision on Motions (Vt. Super. Ct. 2025). · cites it 2× “See 24 V.S.A. § 4452 (setting forth the remedies available to a municipality if a zoning violation occurs); 24 V.”

Town of Poultney v. Kainen - Decision on the Merits (Vt. Super. Ct. 2025). · cites it 2× “§ 4451 (setting forth the process by which a municipality may enforce a zoning regulation and seek fines, which requires providing sufficient notice prior to pursuing an action for fines) with 24 V.S.A. § 4452 (setting forth the process by which a municipality may enforce a…”

Town of Colchester v. Huard - Decision on the Merits (Vt. Super. Ct. 2025). · cites it 2× “See 24 V.S.A. § 4452 (authorizing a municipality to seek an injunction to abate a zoning violation); see also Town of Sherburne v.”

Smith NOV Appeal (Prelim Inj) (Vt. Super. Ct. 2006). · cites it 3× “A court action under this section may be initiated in environmental court, or as appropriate, before the judicial bureau, as provided under section 1974a of this title.”

Wood NOV & Permit Applications (Vt. Super. Ct. 2012). · cites it 2× “Our authority to enjoin a zoning violator derives from 24 V.S.A. § 4452, which provides that in an action brought on behalf of a municipality against a zoning violator, this Court may “prevent, restrain, correct, or abate that construction or use .”

Hale Mountain Fish & Game Club (Vt. Super. Ct. 2008). · cites it 2× “building, structure, or land is or is proposed to be erected, constructed, reconstructed, altered, converted, maintained, or used in violation of any bylaw .”

Wood NOV & Town of Hartford v. Wood - Decision on Post-Judgment Motions (Vt. Super. Ct. 2020). “27, 2012) (finding injunctive relief appropriate pursuant to 24 V.S.A. § 4452 and Town of Sherburne v.”

15-17 Weston Street NOV - Decision on Motion (Vt. Super. Ct. 2021). “24 V.S.A. § 4452 (noting that a municipal zoning officer “shall institute in the name of the municipality” an action to prosecute any zoning violation.”

Town of Jericho v. Workman - Decision on Motion (Vt. Super. Ct. 2021). “Town Motion for Summary Judgment The Town requests an order pursuant to 24 V.S.A. § 4452 that requires Mr. Workman to correct and abate violations of three sections of the Town of Jericho’s Land Use and Development Regulations (Regulations) as well as an award of penalties under…”

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