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

Town of Underhill’s own rules

• Certificate of occupancyRequired

  Development in Underhill town for which a zoning permit has been issued.

  • Required before occupancy or use where a zoning permit has been issued.

  “Certificates of occupancy issued by the Zoning Administrator under Section 10.4(A), for development for which a zoning permit has been issued prior to occupancy or use;”

• Local zoningPresent (with conditions)

  Land development and subdivision in Underhill town, Vermont.

  • Development specifically exempt under the Act or ULDR Section 10.2 is excepted.

  “No land subdivision or development shall commence in the Town of Underhill except in conformance with these regulations. Land subdivision or development not specifically authorized under these regulations, unless exempt under the Act or Section 10.2, is prohibited.”

• Zoning districtsPublished (with conditions)

  Zoning districts in Underhill town.

  • The official zoning map and flood-hazard maps at the Underhill Town Office are final authority for current zoning status.

  “For the purposes of these regulations, the Town of Underhill is divided into the following zoning districts:”

• Agricultural exemptionConditional

  Subdivision review of agricultural land leases in Underhill town.

  • The leased parcel or portion may not require sale or transfer of land or establishment of permanent roads, infrastructure, or structures.

  “A parcel or portion of a parcel of land leased for agriculture or forestry that does not require the sale or transfer of land, or the establishment of permanent roads, infrastructure or structures.”

• Subdividing landRegulated (with conditions)

  Subdivisions of land located in Underhill town.

  • Final Development Review Board approval and recording of the approved plat are required before subdivision.
  • The regulations identify specified exemptions, including qualifying agricultural or forestry leases and certain rights-of-way or easements.

  “These regulations shall apply to all subdivisions of land, as defined under 11.2, that are located within the Town of Underhill. No land shall be subdivided within the town until the applicant has obtained final subdivision approval from the DRB and the approved subdivision plat is recorded in the Underhill land records.”

• Driveway accessLimited

  Highway access and curb cuts for development inside Underhill town.

  • A town or state highway access permit is required only if required by the Town Road Ordinance.
  • For a state highway, Vermont Agency of Transportation requirements apply.
  • No municipal permit or approval issues until written recommendations are received or 30 days have elapsed from referral.

  “Access to town highways is subject to the approval of the Underhill Selectboard and, for properties that front on or directly access state highways, the Vermont Agency of Transportation.”

• Building in a floodplainRequired

  Development within mapped Special Flood Hazard Areas in Underhill town.

  • The ordinance lists exclusions from municipal flood-hazard regulation in accordance with the Act.
  • Requirements apply to all development allowed within Special Flood Hazard Areas to the extent authorized under the Act.

  “Municipal zoning permits and approvals are required, to the extent authorized under the Act [§§4412, 4424], for all development allowed within Special Flood Hazard Areas as “development” is defined under Section 11.3 for purposes of flood hazard area management and regulation.”

• Permit processPublished (with conditions)

  Municipal land-use permitting in Underhill town.

  • Permits and approvals listed include zoning permits, access approval for qualifying pre-existing lots, site-plan approval, conditional-use approval, subdivision approvals, PUD/PRD approval, certificates of occupancy, and certificates of compliance.

  “Municipal land use permits and approvals under these regulations include:”

Rules another office applies inside Town of Underhill

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

• Minimum lot sizeSpecified

  Rural Residential District in Underhill town.

  • The official district table controls; other districts have different minimum lot sizes.

  minimum lot size: 3 acres

  “Zoning District Minimum Lot Size | | Underhill Flats Village Center 1 acre | Underhill Center Village 1.50 Acres | Rural Residential 3 acres | Water Conservation 5 acres | Mt Mansfield Scenic Preservation 10 acres | Soil & Water Conservation 15 acres”

• SetbacksSpecified

  Principal structures in the Rural Residential District in Underhill town.

  • Accessory-structure setbacks are separately stated in Table 2.1.

  front setback: 30 ft · side setback: 50 ft · rear setback: 50 ft

  “Zoning District Principal (Front/Side/Rear) | | Underhill Flats Village Center 0/20/20 ft | Underhill Center Village 0/15/15 ft | Rural Residential 30/50/50 ft | Water Conservation 30/50/50 ft | Mt Mansfield Scenic Preservation 30/75/75 ft | Soil & Water Conservation 30/75/75 ft”

• Lot coverageSpecified

  Rural Residential District in Underhill town.

  • The district table separately states building-coverage limits.

  maximum lot coverage: <= 50 percent

  “Zoning District Max Lot Coverage | | Underhill Flats Village Center 75% | Underhill Center Village 75% | Rural Residential 50% | Water Conservation 30% | Mt Mansfield Scenic Preservation 15% | Soil & Water Conservation 10%”

• Who permits septicState (with conditions)

  Wastewater (septic) systems and potable-water supplies associated with development inside Underhill town.

  • The town lists these as additional state permits or certifications that may be required.

  “A variety of state permits or certifications including but not limited to: wastewater (septic) system and potable water supply permits, construction and stormwater permits, wetlands permits, stream alteration or crossing permits, public health and safety permits, child care facility licenses and Act 250 permits.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Underhill or Chittenden County directly.

• Owner-builder exemption — Owner-builder activity inside Underhill town.
• Building code adopted — Building-code adoption for construction inside Underhill town.
• Inspections — Building inspections inside Underhill town.
• Minimum dwelling size — Single-family dwellings in Underhill town.
• Living in an RV — RV occupancy on private land in Underhill 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.