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

Town of Lemington’s own rules

• Building permitRequired

  Land development, including residential development, inside Lemington town.

  • The permit must be issued by the Administrative Officer and conform to the regulations.
  • No permit is issued unless the application, fee, plot plan, and required Planning Commission or Board of Adjustment approvals are submitted.
  • Authorized activities must be completed within two years or the permit becomes void and reapplication is required.

  “no such permit shall be issued unless an application, fee, plot plan and other approvals of the planning commission or the board of adjustment required by this regulation have been properly obtained and are submitted in connection with the application.”

• InspectionsRequired

  Developments regulated under the Lemington Zoning Bylaw.

  • The Administrative Officer administers and enforces the zoning regulations.

  “said officer shall literally enforce the provisions of these regulations and in so doing shall inspect developments, maintain records and perform all other necessary acts to carry out the provisions of these regulations.”

• Local zoningPresent (with conditions)

  Land within Lemington town.

  • The bylaw text and map constitute the Town of Lemington Zoning Bylaw.

  “this zoning bylaw is hereby established for the town of lemington which is set forth in the text and map that constitutes this bylaw.”

• Zoning districtsPublished (with conditions)

  Land inside Lemington town.

  • The official zoning map is in the Town Clerk's office and controls the zoning status of land, water areas, buildings, and structures.

  “the official zoning map shall be located in the office of the town clerk and shall be the final authority as to the zoning status of the land and water areas, buildings, and other structures in the town.”

• Living in an RVTemporary only (with conditions)

  Travel trailers, camping trailers, pick-up coaches, and motor homes on public or private property inside Lemington town.

  • A trailer may be parked in an approved travel trailer camp.
  • An owner or visitor trailer on the owner's property must be at least 10 feet from a lot line and 50 feet from a stream or river.
  • Outside an approved camp, it cannot be used as living quarters for more than six weeks in a calendar year.

  maximum living-quarters duration: <= 6 weeks per calendar year (Trailer parked by a property owner or visitor on the owner's property.)

  “312.02 any property owner may park his travel trailer or that of a visitor on his own property providing that the trailer is parked no closer than ten feet to any lot line or closer than fifty feet to any stream or river.”

• Subdividing landRegulated (with conditions)

  Division of a parcel into two or more parcels inside Lemington town.

  • The division must conform to the regulations applicable to the district.

  “Except as hereinafter provided, no division of a parcel into two or more parcels, nor any construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation, or landfill, nor any change in the use of any building or other structure, or land, or extension of land use shall commence unless in conformity with the regulations herein specified for the district in which it is located.”

• Driveway accessLimited

  Driveways for all uses inside Lemington town.

  • The bylaw provides a location standard, not a separate driveway-permit determination.

  distance from road-line intersection: >= 30 feet (All uses.)

  “All driveways are to be located at least thirty feet from a road line intersection for all uses.”

• Building in a floodplainRequired

  Development in Lemington areas of special flood hazard identified on current National Flood Insurance Program maps.

  • A conditional-use permit from the Board of Adjustment is required.
  • The rule includes fill, excavation, grading, erection or placement of structures, substantial improvements, and specified equipment/material storage.
  • Other required federal or state approvals must be received.

  “all development including fill, excavation, grading, erection or placement of structures, substantial improvement of existing structures and storage of equipment and material prescribed by the town of lemington zoning ordinance are permitted within an area of special flood hazard only upon the granting of a conditional use permit by the board of adjustment.”

• Permit feesVariable (with conditions)

  Lemington zoning permits.

  • The Legislative Body establishes the fee.
  • The fee may be a sliding scale based on development cost and must accompany the application.

  “the fee for a zoning permit shall be established by the legislative body. it may be a sliding scale depending on the cost of the land development.”

• Permit processPublished (with conditions)

  Lemington zoning permits.

  • Applications are made on forms provided by the Administrative Officer.
  • The Administrative Officer may request information and must issue or deny within 30 days after submission of the application, data, and approvals.
  • A permit is not issued unless the application, fee, plot plan, and required approvals have been submitted.
  • If denied, the applicant must receive written reasons.

  Administrative Officer decision period: <= 30 days (After submission of the application, data, and approvals.)

  “the administrative officer, shall, within thirty days of submission of the application, data and approvals, either issue or deny a zoning permit. if denied, the administrative officer shall also notify the applicant in writing, stating his reasons therefor.”

Rules another office applies inside Town of Lemington

Town of Lemington 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 sizeDistrict specific (with conditions)

  Agricultural District inside Lemington town.

  • The table identifies these as minimum lot-area and dimensional requirements.

  minimum lot size: 5 acres

  “minimum lot area and dimensional requirements lot size in acres: 5.0 lot width in feet: 200.0 front yard in feet: 60.0 side yard in feet: 25.0 rear yard in feet: 25.0”

  One more reviewed finding on this topic

  • District specific (with conditions) — Rural Residential District inside Lemington town; permitted uses.

    “2.0 200.0 75.0 25.0 25.0 conditional uses lot size in acres: 5.0 lot width in feet: 200.0 front yard in feet: 75.0 side yard in feet: 50.0 rear yard in feet: 50.0”

• SetbacksDistrict specific (with conditions)

  Agricultural District inside Lemington town.

  • A separate 50-foot stream or river setback applies to any structure receiving a zoning permit.

  front yard: 60 feet · side yard: 25 feet · rear yard: 25 feet

  “minimum lot area and dimensional requirements lot size in acres: 5.0 lot width in feet: 200.0 front yard in feet: 60.0 side yard in feet: 25.0 rear yard in feet: 25.0”

  One more reviewed finding on this topic

  • District specific (with conditions) — Rural Residential District inside Lemington town; permitted uses.

    “2.0 200.0 75.0 25.0 25.0 conditional uses lot size in acres: 5.0 lot width in feet: 200.0 front yard in feet: 75.0 side yard in feet: 50.0 rear yard in feet: 50.0”

• Who permits septicState (with conditions)

  Wastewater systems and potable-water supplies, including systems serving land inside Lemington town.

  • Statutory exceptions are 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;”

• Septic permitRequired

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

  • Exceptions are provided by 10 V.S.A. §§1973, 1974, and 1978.
  • The permit is obtained from the Secretary.

  “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;”

• Well permitLimited

  Construction, replacement, or modification of a potable-water supply inside Lemington town.

  • The statutory permit rule is subject to the 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;”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside Lemington town.
• Building code adopted — Building-code adoption for construction inside Lemington town.
• Certificate of occupancy — Occupancy of buildings inside Lemington town.
• Minimum dwelling size — Dwellings inside Lemington town.
• Lot coverage — Lots inside Lemington 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.

Off-grid gear

Going off-grid in Town of Lemington means bringing your own water and power. The kit we’d start with:

• Water Crystal Quest Filter any source — well, rain, or creek — to drinking-clean.
• Power Bluetti Solar generators and home battery backup for living off the grid.
• Septic Soil percolation test kit Run your own perc test before paying an engineer — the first thing a septic office asks about.
• Water Well water test kit Bacteria, nitrates, hardness — know what the well on a parcel is really pumping.

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