Zoning, building permits and septic rules in Town of Kirby, Vermont

Town of Kirby’s own rules

• InspectionsLimited

  Projects in Kirby's Special Flood Hazard Area applying for a certificate of occupancy.

  • The inspection is performed within 14 days of receipt of a certificate-of-occupancy application to confirm identified permits and conforming work.

  inspection deadline: <= 14 days (after receipt of certificate-of-occupancy application)

  “Within 14 days of the receipt of the application for a certificate of occupancy, the ZA shall inspect the premises to ensure that all permits identified on the Project Review Sheet have been acquired and all that all work has been completed in conformance with the zoning permit and associated approvals.”

• Certificate of occupancyRequired

  Dwellings created, erected, changed, converted, altered, enlarged, used, or occupied in areas affected by Kirby zoning regulations.

  • The certificate is issued by the Administrative Officer after conformity is established.
  • A temporary certificate may be issued for up to 60 days.
  • The permittee must complete the stated septic, energy-audit, and dwelling-systems items.

  temporary certificate duration: <= 60 days (at the Administrative Officer's option)

  “It shall be unlawful to use or occupy or permit the use or occupancy of any dwelling or part thereof created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, within the area affected by such zoning regulations, until a Certificate of Occupancy is issued therefore by the Administrative Officer stating that the proposed use of the dwelling conforms to the requirements of these Zoning Regulations.”

• Local zoningPresent (with conditions)

  Land inside Kirby town, Caledonia County, Vermont.

  • The official Town documents page links the current Zoning Regulations.

  “The regulations set forth herein are hereby established as the Zoning Regulations for the Town of Kirby, Vermont. These regulations shall be known and cited as the Kirby Zoning Regulations.”

• Zoning districtsPublished (with conditions)

  Land inside Kirby town.

  • The official zoning map is located in the Town Clerk's office and is the final authority on current zoning status of land areas.

  Residential District designation: R · Commercial/Light Industry District designation: C/LI · Special Flood Hazard Area designation: FHA · Highlands District designation: H (lands above 1,800 feet in elevation)

  “The zoning map officially entitled "Kirby Zoning Map" is hereby adopted as part of the Zoning Regulations. The Kirby Zoning Map, located in the Town Clerk's office, reflects the division of the town into the following districts: A. Residential District designated “R” on the Kirby Zoning Map and defined as all lands other than those in the Commercial/Light Industry, or Highland or Special Flood Hazard Area. B. Commercial/Light Industry District designated "C/LI" on the Kirby Zoning Map and defined as all lands between the Moose River and U.S. Route 2 and all land lying within 1,500 feet north of U.S. Route 2, but excluding any lands in that area lying within the Special Flood Hazard Area. C. Special Flood Hazard Area designated "FHA" on the Kirby Zoning Map and defined as all land lying within the Special Flood Hazard Area as determined by the National Flood Insurance Program maps. D. Highlands District designed “H” on the Kirby Zoning Map, and defined as all lands lying above 1,800 feet in elevation.”

• Minimum lot sizeDistrict specific (with conditions)

  Lots in Kirby's Residential, Commercial/Light Industrial, Special Flood Hazard, and Highlands Districts.

  • Existing legally subdivided small lots may be developed when the stated conditions are met, including a minimum one-eighth acre or a width or depth of at least 40 feet.
  • Conditional-use review may increase an otherwise applicable minimum lot area.

  Residential District lot area: 5 acres · Commercial/Light Industrial District lot area: 5 acres · Special Flood Hazard District lot area: 5 acres · Highlands District lot area: 25 acres

  “4.04 Minimum Area and Dimensional Requirements. 1. Lot Area 5 acres”

• SetbacksDistrict specific (with conditions)

  Structures in Kirby zoning districts.

  • Front setback is measured from the road centerline, or from the lot line where there is no public-road frontage.
  • The Board of Adjustment may increase applicable setbacks for a conditional use.
  • New driveways must generally be at least 15 feet from the nearest side lot line, subject to stated exceptions and waiver authority.

  front setback: >= 75 feet (from road centerline; 50 feet from lot line if no public-road frontage) · side setback: >= 50 feet · rear setback: >= 50 feet

  “3. Front setback 75 feet from centerline of road or if no public road frontage, 50 feet from lot line 4. Side setback 50 feet 5. Rear setback 50 feet”

• Building heightSpecified

  Structures inside Kirby town.

  • The limit excludes personally used agricultural silos and barns and specified personally used antenna structures, small wind turbines, and rooftop solar collectors mounted on complying structures.

  maximum structure height: <= 35 feet (listed personal-use agricultural and energy/antenna structures)

  “A Structure shall not exceed thirty five (35) feet in height measured from the highest point of the foundation grade to the highest point of the structure. The foregoing limitation does not apply to the following if installed for personal use: (i) agricultural silos and barns, or (ii) antenna structures, wind turbines with blades less than twenty feet in diameter, or rooftop solar collectors less then ten feet high, any of which are mounted on complying structures.”

• Living in an RVLimited

  Occupied recreational vehicles in Kirby's Residential District.

  • Occupied recreational vehicles are a conditional use in the Residential District.
  • Flood-hazard rules separately require recreational vehicles in the Special Flood Hazard Area to be fully licensed and ready for highway use.

  “4. Day Care Facility 7. Dwelling, Multi-Family 15. Short term rental, 28 days or less 8. Educational Facility 16. Occupied Recreational Vehicles (RV)”

• Camping on your landLimited

  Primitive and seasonal camps in Kirby's Residential District.

  • Primitive Camp and Seasonal Camp are permitted Residential District uses.
  • State potable-water and wastewater permitting may apply.

  “1. Accessory Use 6. Forestry 2. Accessory Dwelling Unit 7. Home Occupation 3. Agriculture 8. Primitive Camp 4. Cemetery 9. Seasonal Camp 5. Dwelling, Single Family 10. Stables”

• Manufactured homesLimited

  Manufactured or mobile homes inside Kirby town outside flood-hazard prohibitions.

  • Mobile homes, modular housing, and other prefabricated housing may not be excluded on terms different from conventional housing.
  • New placement of manufactured homes is prohibited in the Special Flood Hazard Area.

  “Except as provided in Section 4414(1)(E) and (F) of the Act, no zoning regulation shall have the effect of excluding mobile homes, modular housing, or other forms of prefabricated housing from the municipality, except upon the same terms and conditions as conventional housing is excluded.”

• Accessory dwellingsAllowed (with conditions)

  Accessory dwelling units in Kirby's Residential District.

  • A zoning permit is generally required before development commences.
  • The zoning rules also limit a residential lot to one principal dwelling and an accessory-use dwelling.

  “1. Accessory Use 6. Forestry 2. Accessory Dwelling Unit 7. Home Occupation 3. Agriculture 8. Primitive Camp 4. Cemetery 9. Seasonal Camp 5. Dwelling, Single Family 10. Stables”

• Septic inspectionRequired

  A dwelling for which a Kirby certificate of occupancy is sought.

  • The permittee must ensure a licensed engineer inspects and approves the septic system and provide an engineer's letter to the Administrative Officer.

  “All septic systems must be approved by a licensed engineer and a letter from an engineer shall be given to the Administrative Officer. The Administrative Officer has the option of issuing a temporary Certificate of Occupancy for up to 60 days. It is the responsibility of the permittee to complete the permit process which includes: 1. Ensuring that a licensed engineer inspect and approves the septic system”

• Agricultural exemptionConditional

  Agricultural activities in Kirby's Special Flood Hazard Area.

  • Activities must comply with the Vermont Department of Agriculture's Accepted Agricultural Practices.
  • Before construction of farm structures, the farmer must notify the Zoning Administrator in writing and provide a sketch including setbacks.

  “Agricultural activities conducted in accordance with the Vermont Department of Agriculture’s Accepted Agricultural Practices (AAP). Prior to the construction of farm structures the farmer must notify the ZA in writing of the proposed activity. The notice must contain a sketch of the proposed structure including setbacks.”

• Driveway accessRequired

  A new driveway or access easement/right-of-way creating access from a public highway inside Kirby town.

  • A curb-cut permit from the Selectboard is a condition of any development permit for the served lot.
  • The rule does not apply to a driveway on a common boundary in an approved subdivision.
  • The Board of Adjustment may waive driveway setbacks where there is no erosion risk and/or adjoining landowners agree.

  driveway distance from nearest side lot line: >= 15 feet (subject to stated common-boundary and waiver provisions)

  “A Driveway or access easement or right-of-way creating a new access from a public highway requires a Curb Cut permit from the Selectmen, which shall be condition of any permit issued for Development of the Lot served by the Driveway or access easement or right of way.”

• Building in a floodplainRequired

  Development in Kirby's mapped Special Flood Hazard Area.

  • Conditional-use approval, nonconforming-use approval, or variance must precede issuance where required.
  • All required state or federal permits must be received before work begins.
  • New residential and nonresidential structures, including manufactured homes, are prohibited in the Special Flood Hazard Area.

  “A permit is required from the Administrative Officer for all development in all areas defined in Section IV. Development that requires conditional use approval, non-conforming use approval, or a variance from the Development Review Board (DRB) under these flood hazard regulations, must have such approvals prior to the issuance of a permit by the ZA. Any development subject to municipal jurisdiction in the designated hazard areas shall meet the criteria in Section VI and VII. Any permit issued will require that all other necessary permits from State or Federal Agencies have been received before work may begin.”

• Short-term rentalsLimited

  Short-term rentals of 28 days or less in Kirby's Residential District.

  • The use is listed as a Residential District conditional use and is subject to the required zoning process.

  short-term-rental duration: <= 28 days

  “4. Day Care Facility 7. Dwelling, Multi-Family 15. Short term rental, 28 days or less 8. Educational Facility 16. Occupied Recreational Vehicles (RV)”

• Permit processPublished (with conditions)

  Kirby zoning-permit applications.

  • A complete application includes the listed site-plan information and applicable curb-cut and state/federal permits.
  • The Administrative Officer must issue, deny, or refer a completed application within 30 days.
  • Approved activities must be completed within two years unless extension is sought due to unforeseen circumstances.
  • The permit does not take effect until expiration of the 15-day appeal period.

  Administrative Officer action deadline: <= 30 days (after submission of complete application) · approved-activity completion period: <= 2 years (extension may be requested due to unforeseen circumstances) · appeal period: 15 days (permit does not take effect before expiration)

  “The Administrative Officer shall not issue a zoning permit without first receiving a complete zoning permit application including a site plan indicating the location of: 1. All structures and proposed structures; 2. Water sources and waste water disposal system (for future reference); 3. Lot lines and measurements and abutters names and addresses; 4. Access roads, driveway or rights-of-way; 5. If applicable, a copy of any instrument creating a private right-of way that provides access to the applicant’s parcel; and 6. If applicable, a copy of the curb-cut approval, and any state and/or federal permits for the proposed Development.”

Rules another office applies inside Town of Kirby

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

• Who permits septicState (with conditions)

  Potable-water-supply and wastewater-system permitting inside Kirby town.

  • The statute identifies the Agency as the Agency of Natural Resources and requires permits from the Secretary, subject to statutory exemptions and exceptions.
  • Kirby's zoning regulations also require state-permitted development to conform to pertinent state regulations and statutes.

  ““Agency” means the Agency of Natural Resources.”

• Septic permitRequired

  Construction, replacement, or modification of a wastewater system inside Kirby town.

  • The requirement is subject to the exceptions in 10 V.S.A. §§ 1973, 1974, and 1978.
  • Primitive camps with no interior plumbing beyond a sink with water, used no more than three consecutive weeks per year and 60 total days per year, are exempt; the exemption does not apply to seasonal camps.

  primitive-camp maximum consecutive use: <= 3 weeks per year (no interior plumbing consisting of more than a sink with water) · primitive-camp maximum total use: <= 60 days per year (no interior plumbing consisting of more than a sink with water)

  “Except as provided in this section and sections 1974 and 1978 of this title, a person shall obtain a permit from the Secretary before: (1) subdividing land; (2) creating or modifying a campground in a manner that affects a potable water supply or wastewater system or the requirements for providing potable water and wastewater disposal; (3) constructing, replacing, or modifying a potable water supply or wastewater system;”

• Off-grid sanitationLimited

  On-site wastewater disposal and primitive camps inside Kirby town.

  • A wastewater-system permit is generally required before construction, replacement, or modification.
  • The specified primitive-camp exemption is limited to a camp with no interior plumbing beyond a sink with water, use of no more than three consecutive weeks and 60 total days yearly, and does not cover seasonal camps.

  “Primitive camps with no interior plumbing consisting of more than a sink with water, that are used no more than three consecutive weeks per year and no more than a total of 60 days per year, shall be exempt. This exemption does not apply to seasonal camps.”

• Well permitRequired

  Construction, replacement, or modification of a potable water supply, including a well, inside Kirby town.

  • The requirement is subject to the statutory exceptions in 10 V.S.A. §§ 1973, 1974, and 1978.

  “Except as provided in this section and sections 1974 and 1978 of this title, a person shall obtain a permit from the Secretary before: (1) subdividing land; (2) creating or modifying a campground in a manner that affects a potable water supply or wastewater system or the requirements for providing potable water and wastewater disposal; (3) constructing, replacing, or modifying a potable water supply or wastewater system;”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Kirby town.

  • The state permit requirement is subject to statutory exceptions.
  • Kirby zoning regulations state that subdivision permits are issued in addition to and separately from development permits.

  “Except as provided in this section and sections 1974 and 1978 of this title, a person shall obtain a permit from the Secretary before: (1) subdividing land; (2) creating or modifying a campground in a manner that affects a potable water supply or wastewater system or the requirements for providing potable water and wastewater disposal; (3) 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 Town of Kirby or Caledonia County directly.

• Owner-builder exemption — Owner-built residential construction inside Kirby town.
• Building code adopted — Building-code adoption for land inside Kirby town.
• Minimum dwelling size — Dwellings inside Kirby town.
• Lot coverage — Lots inside Kirby town.
• Tiny homes — Tiny-home occupancy inside Kirby town.

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.