Vermont Statutes Annotated

Vt. Stat. Ann. tit. 24, § 4469 (2026)

Appeal; variances

✓ laws through the 2026 session (checked Sept. 2026)

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Subchapter 011 : APPEALS

(Cite as: 24 V.S.A. § 4469)

§ 4469. Appeal; variances

(a) On an appeal under section 4465 or 4471 of this title or on a referral under subsection 4460(e) of this title in which a variance from the provisions of a bylaw or interim bylaw is requested for a structure that is not primarily a renewable energy resource structure, the board of adjustment or the development review board or the Environmental Division created under 4 V.S.A. chapter 27 shall grant variances and render a decision in favor of the appellant, if all the following facts are found, and the finding is specified in its decision:

(1) There are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that unnecessary hardship is due to these conditions, and not the circumstances or conditions generally created by the provisions of the bylaw in the neighborhood or district in which the property is located.

(2) Because of these physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the bylaw, and that the authorization of a variance is therefore necessary to enable the reasonable use of the property.

(3) Unnecessary hardship has not been created by the appellant.

(4) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to the public welfare.

(5) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the bylaw and from the plan.

(b) On an appeal under section 4465 or 4471 of this title in which a variance from the provisions of a bylaw or interim bylaw is requested for a structure that is primarily a renewable energy resource structure, the board of adjustment or development review board or the Environmental Division may grant that variance and render a decision in favor of the appellant if all the following facts are found, and the finding is specified in its decision:

(1) It is unusually difficult or unduly expensive for the appellant to build a suitable renewable energy resource structure in conformance with the bylaws.

(2) The hardship was not created by the appellant.

(3) The variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, substantially or permanently impair the appropriate use or development of adjacent property, reduce access to renewable energy resources, or be detrimental to the public welfare.

(4) The variance, if authorized, will represent the minimum variance that will afford relief and will represent the least deviation possible from the bylaws and from the plan.

(c) In rendering a decision in favor of an appellant under this section, a board of adjustment or development review board or the Environmental Division may attach such conditions to variances as it may consider necessary and appropriate under the circumstances to implement the purposes of this chapter and the plan of the municipality then in effect.

(d) A variance authorized in a flood hazard area shall meet applicable federal and State rules for compliance with the National Flood Insurance Program. (Added 2003, No. 115 (Adj. Sess.), § 106; amended 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 138 (Adj. Sess.), § 14, eff. May 14, 2012.)

Notes of Decisions

Cited in 49 cases (5 in the last 5 years), 2006–2025 · leading case: In re Appeal of Mutschler, 2006 VT 43, 904 A.2d 1067.

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In re Appeal of Mutschler, 2006 VT 43, 904 A.2d 1067. “§ 4468 now appears, in nearly identical form, as 24 V.S.A. § 4469. 2003, No. 115 (Adj. Sess.”

Nordlund v. Van Nostrand, 2011 VT 79, 27 A.3d 340. “Defendants Mark and Nancy Van Nostrand did not appeal this decision.”

McCanna Variance Denial - Merits Decision, No. 21-ENV-00075 (Vt. Super. Ct. Jan. 24, 2022). · cites it 13× “The Regulations do not list specific criteria but instead stipulate that a variance “shall be granted by the appropriate municipal panel only in accordance with 24 V.S.A. § 4469,” and with 44 CFR § 60.6 regarding federal flood plain management regulation, which is not at issue…”

DeRoy Variance Applications, No. 14-1-09 Vtec (Vt. Super. Ct. Feb. 16, 2010). · cites it 11× “The only issue raised in this appeal is whether Applicants’ proposed projects satisfy the statutory variance criteria set forth in 24 V.S.A. § 4469(a).1 Mr. Kowalski has moved for summary judgment, asserting that Applicants cannot meet the applicable variance criteria for either…”

LeGrand Scata Variance, No. 110-8-14 Vtec (Vt. Super. Ct. May 29, 2015). · cites it 10× “Applicants appealed the Town of Troy Zoning Board of Adjustment (“ZBA”) decision dated July 22, 2014 denying their application, and filed a Statement of Questions containing six Questions mirroring the criteria for a variance under 24 V.S.A. § 4469(a). Now before the Court is…”

Martin & Martin Variance Application, No. 3-1-09 Vtec (Vt. Super. Ct. July 8, 2011). · cites it 8× “Given that 24 V.S.A. § 4469(a), and its companion provisions in the Town’s Bylaws (Bylaws § 12.”

Hogan Variance Permit, No. 35-2-10 Vtec (Vt. Super. Ct. Sept. 30, 2010). · cites it 8× “challenging the DRB’s prior approval of Applicants’ plan to build an extension to their shed, and that Neighbor should not be allowed to challenge that prior, unappealed permit determination in these current proceedings Neighbor, conversely, argues that Applicants’ variance…”

Losier Variance Application, No. 79-4-08 Vtec (Vt. Super. Ct. July 13, 2010). · cites it 7× “The Town has also filed a motion for summary judgment, arguing that Applicants’ variance request must fail as a matter of law because they have not satisfied the variance criteria set forth in 24 V.”

Taylor CU, No. 136-11-15 Vtec (Vt. Super. Ct. Mar. 22, 2017). · cites it 4× “5 states that the Environmental Division, sitting as the DRB in this matter, shall review a variance application in accordance with 24 V.S.A. § 4469. Pursuant to 24 V.S.A. § 4469(a), a variance may be approved if all the following facts are found: (1) There are unique physical…”

Leduc Constr., LLC CU Variance, No. 102-7-14 Vtec (Vt. Super. Ct. Dec. 29, 2016). · cites it 3× “24 V.S.A. § 4469(a). Those same five variance criteria are repeated at 2015 Regulations § 3.”

Trombley Height Variance Denial - Merits Decision, No. 23-ENV-00068 (Vt. Super. Ct. Nov. 25, 2024). · cites it 3× “1 of the CDO and 24 V.S.A. § 4469(a), an applicant must establish at least five criteria for the DRB, or this Court on appeal, to grant a variance request.”

Honos Real Est., LLC Variance Denial - Decision on Motions, No. 24-ENV-00043 (Vt. Super. Ct. Apr. 4, 2025). · cites it 3× “24 V.S.A § 4469(a). The Town has adopted those criteria in Ordinance § 1207(A).”

Show all 49 citing cases →

Vt. Stat. Ann. tit. 24, § 4469(1): 1 case

Delano Variance Application, No. 161-08-07 Vtec (Vt. Super. Ct. Aug. 28, 2008).

Vt. Stat. Ann. tit. 24, § 4469(3): 1 case

Rodriques Variance Application, No. 212-9-08 Vtec (Vt. Super. Ct. Apr. 27, 2010).

Vt. Stat. Ann. tit. 24, § 4469(a): 29 cases

Nordlund v. Van Nostrand, 2011 VT 79, 27 A.3d 340. “Defendants Mark and Nancy Van Nostrand did not appeal this decision.”

LeGrand Scata Variance, No. 110-8-14 Vtec (Vt. Super. Ct. May 29, 2015). “Applicants appealed the Town of Troy Zoning Board of Adjustment (“ZBA”) decision dated July 22, 2014 denying their application, and filed a Statement of Questions containing six Questions mirroring the criteria for a variance under 24 V.S.A. § 4469(a). Now before the Court is…”

Tilton Variance, No. 97-7-14 Vtec (Vt. Super. Ct. June 24, 2015).

DeRoy Variance Applications, No. 14-1-09 Vtec (Vt. Super. Ct. Feb. 16, 2010). “The only issue raised in this appeal is whether Applicants’ proposed projects satisfy the statutory variance criteria set forth in 24 V.S.A. § 4469(a).1 Mr. Kowalski has moved for summary judgment, asserting that Applicants cannot meet the applicable variance criteria for either…”

Taylor CU, No. 136-11-15 Vtec (Vt. Super. Ct. Mar. 22, 2017). “5 states that the Environmental Division, sitting as the DRB in this matter, shall review a variance application in accordance with 24 V.S.A. § 4469. Pursuant to 24 V.S.A. § 4469(a), a variance may be approved if all the following facts are found: (1) There are unique physical…”

Vt. Stat. Ann. tit. 24, § 4469(a)(1): 7 cases

Losier Variance Application, No. 79-4-08 Vtec (Vt. Super. Ct. July 13, 2010). “The Town has also filed a motion for summary judgment, arguing that Applicants’ variance request must fail as a matter of law because they have not satisfied the variance criteria set forth in 24 V.”

McCanna Variance Denial - Merits Decision, No. 21-ENV-00075 (Vt. Super. Ct. Jan. 24, 2022). “The Regulations do not list specific criteria but instead stipulate that a variance “shall be granted by the appropriate municipal panel only in accordance with 24 V.S.A. § 4469,” and with 44 CFR § 60.6 regarding federal flood plain management regulation, which is not at issue…”

Honos Real Est., LLC Variance Denial - Decision on Motions, No. 24-ENV-00043 (Vt. Super. Ct. Apr. 4, 2025). “24 V.S.A § 4469(a). The Town has adopted those criteria in Ordinance § 1207(A).”

Martin & Martin Variance Application, No. 3-1-09 Vtec (Vt. Super. Ct. July 8, 2011). “Given that 24 V.S.A. § 4469(a), and its companion provisions in the Town’s Bylaws (Bylaws § 12.”

Vt. Stat. Ann. tit. 24, § 4469(a)(2): 13 cases

Taylor Variance, No. 136-11-15 Vtec (Vt. Super. Ct. Nov. 22, 2016).

Kelley Variance, No. 56-4-14 Vtec (Vt. Super. Ct. Sept. 29, 2014).

Leduc Constr., LLC CU Variance, No. 102-7-14 Vtec (Vt. Super. Ct. Dec. 29, 2016). “24 V.S.A. § 4469(a). Those same five variance criteria are repeated at 2015 Regulations § 3.”

Vt. Stat. Ann. tit. 24, § 4469(a)(3): 3 cases

Martin & Martin Variance Application, No. 3-1-09 Vtec (Vt. Super. Ct. July 8, 2011). “Given that 24 V.S.A. § 4469(a), and its companion provisions in the Town’s Bylaws (Bylaws § 12.”

Hogan Variance Permit, No. 35-2-10 Vtec (Vt. Super. Ct. Sept. 30, 2010). “challenging the DRB’s prior approval of Applicants’ plan to build an extension to their shed, and that Neighbor should not be allowed to challenge that prior, unappealed permit determination in these current proceedings Neighbor, conversely, argues that Applicants’ variance…”

Vt. Stat. Ann. tit. 24, § 4469(a)(4): 4 cases

Rodriques Variance Application, No. 212-9-08 Vtec (Vt. Super. Ct. Apr. 27, 2010).

Benson Road Site Plan & Condition Use - Decision on Motion, No. 20-ENV00023 (Vt. Super. Ct. Dec. 2, 2021).

Martin & Martin Variance Application, No. 3-1-09 Vtec (Vt. Super. Ct. July 8, 2011). “Given that 24 V.S.A. § 4469(a), and its companion provisions in the Town’s Bylaws (Bylaws § 12.”

Vt. Stat. Ann. tit. 24, § 4469(a)(5): 8 cases

Martin & Martin Variance Application, No. 3-1-09 Vtec (Vt. Super. Ct. July 8, 2011). “Given that 24 V.S.A. § 4469(a), and its companion provisions in the Town’s Bylaws (Bylaws § 12.”

Leduc Constr., LLC CU Variance, No. 102-7-14 Vtec (Vt. Super. Ct. Dec. 29, 2016). “24 V.S.A. § 4469(a). Those same five variance criteria are repeated at 2015 Regulations § 3.”

Trombley Height Variance Denial - Merits Decision, No. 23-ENV-00068 (Vt. Super. Ct. Nov. 25, 2024). “1 of the CDO and 24 V.S.A. § 4469(a), an applicant must establish at least five criteria for the DRB, or this Court on appeal, to grant a variance request.”

Vt. Stat. Ann. tit. 24, § 4469(a)(l): 1 case

Vt. Stat. Ann. tit. 24, § 4469(b): 2 cases

Williamson third Tier Application, No. 55-4-12 Vtec (Vt. Super. Ct. Oct. 7, 2013).

In re Williamson Third Tier Application, No. 2013-426 (Vt. June 12, 2014).

Vt. Stat. Ann. tit. 24, § 4469(b)(1): 1 case

Williamson third Tier Application, No. 55-4-12 Vtec (Vt. Super. Ct. Oct. 7, 2013).

Vt. Stat. Ann. tit. 24, § 4469(c): 2 cases

Fennessey's 20 West Main Street LLC, No. 14-1-10 Vtec (Vt. Super. Ct. Aug. 19, 2011).

Godnick Fam. Trust Permit & Variance Application, No. 52-4-09 Vtec (Vt. Super. Ct. Jan. 6, 2010).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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Vt. Stat. Ann. tit. 24, § 4469 (2026)

Appeal; variances

Subchapter 011 : APPEALS