Zoning, building permits and septic rules in Village of Old Bennington, Vermont

Village of Old Bennington’s own rules

• Building permitRequired

  Construction, reconstruction, conversion, structural alteration, relocation, enlargement, or demolition of buildings and structures inside Old Bennington village.

  • The zoning permit is obtained from the Administrative Officer and is subject to Planning Commission approval.

  “A zoning permit must be obtained from the Administrative Officer, subject to Planning Commission approval”

• InspectionsRequired

  Land development regulated by the village zoning bylaws inside Old Bennington village.

  • Inspection is performed by the village Administrative Officer as part of administration and enforcement of the zoning bylaws.

  “Such officer shall literally enforce the provisions of these regulations, inspect land development”

• Certificate of occupancyRequired

  Use or occupancy of land, structures, and subdivision infrastructure created, erected, changed, converted, altered, or enlarged after the bylaws' effective date inside Old Bennington village.

  • A Certificate of Use must be issued by the Administrative Officer and state that the use conforms to the zoning regulations.

  “until a Certificate of Use is issued by the Administrative Officer”

• Local zoningPresent (with conditions)

  Land inside Old Bennington village limits.

  • The village has one rural residential zoning district.

  “There shall be only one zoning district in the Village of Old Bennington”

• Zoning districtsPublished (with conditions)

  All land inside Old Bennington village.

  • The district boundaries are set forth on the zoning map appended to the bylaw.

  “The boundaries of said district are set forth on the Zoning Map”

• Accessory dwellingsAllowed (with conditions)

  Accessory dwelling units within or appurtenant to owner-occupied one-family dwellings inside Old Bennington village.

  • The unit must meet setbacks, coverage, wastewater, and parking requirements.
  • The unit may not exceed 30 percent of the one-family dwelling's total habitable floor area or 900 square feet, whichever is greater.
  • Current fire-safety and building-code compliance documentation and annual safety-inspection certification are required.
  • Conditional-use review is required when creation involves a new accessory structure, increased height or floor area of an existing structure, or enlarged parking area.

  maximum floor area: <= 30 percent of total habitable floor area (or 900 square feet, whichever is greater) · alternative maximum floor area: 900 square feet (whichever is greater)

  “does not exceed 30 percent of the total habitable floor area of the one family dwelling, or 900 square feet in floor area, whichever is greater.”

• Agricultural exemptionConditional

  Accepted agricultural and silvicultural practices, including construction of farm structures, inside Old Bennington village.

  • The practices may be regulated only for listed dimensional and operational subjects and only where regulation does not interfere with their intended use.
  • The practices must be as defined by the cited State officials and statutes.

  “Accepted agricultural and silvicultural practices, including the construction of farm structures”

• Shed and accessory-building permit exemptionNot available

  Construction of accessory structures inside Old Bennington village.

  • Accessory structures are included in the zoning-permit requirement.

  “The construction, reconstruction, conversion, structural alteration, relocation, enlargement, or demolition of any building or structure”

• Subdividing landRegulated (with conditions)

  Proposed subdivisions inside Old Bennington village.

  • The village site publishes separate Subdivision Regulations dated April 7, 2020.
  • The Planning Commission performs review of proposed subdivisions.

  “Subdivision Regulations (April 7, 2020) (pdf)Download”

• Driveway accessRequired

  Land development inside Old Bennington village.

  • A lot may alternatively access a street through Planning Commission approval of a permanent easement or right-of-way at least 20 feet wide.

  front lot line length: >= 150 feet (or approved permanent easement or right-of-way) · minimum easement or right-of-way width: >= 20 feet (requires Planning Commission approval)

  “have access to such a street by a permanent easement or right-of-way not less than twenty feet wide.”

• Building in a floodplainRequired

  Land development in designated flood plains or wetlands inside Old Bennington village.

  • A report must be submitted to the Department of Water Resources, and the municipality may not grant the zoning permit until 30 days after submission.

  report waiting period: >= 30 days (before municipal zoning permit may be granted)

  “prior to the expiration of a period of 30 days following the submission of a report to the State agency”

• Short-term rentalsLimited

  Residential rental properties inside Old Bennington village.

  • Documentary evidence of a rental term of three months or longer is required.
  • A rental must include one or more entire dwelling units.
  • Applications not meeting the term requirement may be made by letter to the Planning Commission and are considered on their merits.

  rental term: >= 3 months (unless Planning Commission considers a letter application that does not meet the term requirement)

  “Documentary evidence of a rental term of three months or longer.”

Rules another office applies inside Village of Old Bennington

Village of Old Bennington does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Lot coverageSpecified

  Rural residential district, the sole zoning district inside Old Bennington village.

  maximum lot coverage: <= 5 percent

  “Lot Coverage 5% Maximum Building Height 30’ (cf. Section 20 for Definition of Building Height)”

• Septic permitRequired

  Construction, replacement, or modification of a potable-water supply or wastewater system inside Old Bennington village.

  • The statute excepts matters provided in 10 V.S.A. § 1973 and §§ 1974 and 1978.
  • parameters not applicable.

  “constructing, replacing, or modifying a potable water supply or wastewater system;”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of Old Bennington or Bennington County directly.

• Owner-builder exemption — Owner-built residential construction inside Old Bennington village.
• Building code adopted — Building construction inside Old Bennington village limits.
• Minimum dwelling size — Principal dwellings in the village rural residential district.
• Living in an RV — RV occupancy on private land inside Old Bennington village.
• Camping on your land — Temporary camping on private land inside Old Bennington village.

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.