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

Town of Elmore’s own rules

• Building permitRequired

  Land development and structures inside Elmore town.

  • Bylaw §1.4 exemptions apply.
  • This is the Town zoning-permit requirement; the research did not establish a separate building-department permit.

  “No land development may commence, and no structure may be erected, substantially improved, moved, or changed in use without a zoning permit issued by the Zoning Administrator in accordance with the Act ['4446], unless specifically exempted under Section 1.4.”

• InspectionsLimited

  Conditional-use development and new development in the Flood Hazard Overlay District inside Elmore town.

  • Inspection follows an application for a Certificate of Compliance.
  • The Bylaw does not establish a general inspection requirement for every building.

  inspection decision period: <= 21 working days (Certificate is deemed issued on the 22nd day if the Zoning Administrator does not grant or deny it.)

  “Within 21 working days of receipt of the application for a certificate of compliance, the Zoning Administrator will inspect the premises to ensure that all work was completed in conformance with the permit, including all applicable conditions of the DRB.”

• Certificate of occupancyLimited

  Conditional-use development and any new development in Elmore's Flood Hazard Overlay District.

  • The Bylaw calls the approval a Certificate of Compliance.
  • It is also required for subdivisions involving construction of new roads; the DRB may require it for other subdivisions.

  “It shall be unlawful to use or to occupy said land or structure, or part thereof, until a certificate of compliance is issued by the Zoning Administrator stating that the proposed use of the structure or land conforms to the conditions and/or requirements of the Conditional Use Approval and any zoning permit issued in accordance with these regulations.”

• Local zoningPresent (with conditions)

  Land development and subdivision within Elmore town.

  • Development not specifically authorized is prohibited unless exempted under the Act or Bylaw §1.4.
  • The Unified Zoning and Subdivision Bylaw became effective February 11, 2020.

  “In accordance with the Vermont Municipal and Regional Planning and Development Act [24 V.S.A., Chapter 117], hereinafter referred to as “the Act,” there is hereby established a Unified Zoning and Subdivision Bylaw for the Town of Elmore as set forth in the text and maps contained herein.”

• Zoning districtsPublished (with conditions)

  All land and waters inside Elmore town subject to the official Zoning Map and overlays.

  • The official map and overlays are in the Town Clerk's office and are the final authority on current zoning status.
  • Overlay standards apply concurrently with underlying-district standards; the more restrictive overlay standard controls.

  “For the purposes of this Bylaw, the Town of Elmore is divided into the following zoning districts: Village (VLG), Rural-East (R-E), Rural West (R-W), Forest Reserve (FR), Undeveloped Shoreland (USHR), and Developed Shoreland (DSHR). In addition, a Flood Hazard Overlay District (FLD) is established to protect public health and safety. A Remote Area Overlay (RAO) is also established.”

• Minimum lot sizeSpecified

  Principal structures in Elmore's Village District.

  • No minimum lot size applies to Village District lots served by the Elmore Water Cooperative or its successor; such lots must still accommodate required lot coverage.
  • Village-shoreline development has additional standards.

  minimum lot size: 30000 square feet (Principal structure; not applicable if served by Elmore Water Cooperative.)

  “Minimum Lot Size: 30,000 sf. principal structure, or NA if served by Elmore Water Cooperative. See Subsection E(5)”

• SetbacksSpecified

  Development in Elmore's Village District.

  • Village-shoreline development is subject to supplemental Developed Shoreland standards.
  • Accessory-structure setback is 10 feet under Table 2.1(D).

  front yard setback: 15 feet · side yard setback: 15 feet · rear yard setback: 25 feet

  “Minimum Front Yard Setback: 15 ft. Minimum Side Yard Setback: 15 ft. Minimum Rear Yard Setback: 25 ft.”

• Living in an RVTemporary only (with conditions)

  Campers, travel trailers, and recreational vehicles on public or private property inside Elmore town.

  • One registered camper at a principal dwelling must be at least six feet from any lot line.
  • A camper occupied more than 30 days per calendar year or not readily movable is treated as a dwelling and subject to accessory-dwelling regulations.
  • Camper wastewater must comply with applicable local, State, and federal regulations.

  maximum dwelling occupancy: <= 30 days per calendar year (One registered camper parked at a principal dwelling.)

  “One registered camper may be parked on the premises of a principal dwelling provided that it is parked no closer than six (6) feet to any lot line; is not occupied for dwelling purposes for more than thirty (30) days per calendar year.”

• Camping on your landLimited

  Camper use and camping-related occupancy inside Elmore town.

  • Campers may be parked in approved campgrounds for temporary periods and on construction sites under §4.14.
  • Private-property camper occupancy is limited as provided by §4.2.

  “Campers are permitted to be parked in approved campgrounds for temporary periods and on construction sites subject to the standards contained in Section 4.14.”

• Manufactured homesLimited

  Mobile homes used as accessory farm dwellings inside Elmore town.

  • Up to two units may be permitted in addition to the primary residence.
  • They must house full-time farm employees and immediate family, satisfy single-family dwelling standards, and be removed if they no longer house farm employees or the farm ceases operation.
  • Adequate water and wastewater systems must be installed under applicable municipal and State regulations.

  maximum accessory farm dwelling units: <= 2 dwelling units (In addition to the primary residence.)

  “The accessory farm dwelling is limited to a mobile home, as defined in Article VII;”

• Accessory dwellingsAllowed (with conditions)

  One accessory dwelling located within or appurtenant to a single-family dwelling in any Elmore zoning district.

  • Floor area generally may not exceed 30% of existing habitable floor area or 800 square feet, whichever is greater.
  • Wastewater capacity, setbacks, coverage, and one on-site parking space are required.
  • An accessory dwelling in an accessory structure built after July 1, 2004, or involving expansion of the principal dwelling's height or floor area, requires conditional-use approval.

  “In accordance with the Act [§4412(1)(E)], one accessory dwelling unit that is located within or appurtenant to a single family dwelling may be allowed as a permitted use in any district subject to review by the Zoning Administrator and the following requirements:”

• Mandatory utility hookupConditional

  Subdivisions inside Elmore town that will connect to public or municipal sewage, water, or stormwater systems.

  • The application for extensions and hookups must be approved by the officers and agents responsible for the municipal system.
  • If the system will not meet demand, the subdivider must provide an upgrade plan and bond or security.

  “For subdivisions that will connect to a public or municipal sewage disposal, water supply, or stormwater management system, applications for extensions and hookups shall be approved by the officers and agents entrusted with the care and superintendence of the municipal system.”

• Agricultural exemptionConditional

  Required agricultural and best-management practices, including qualifying farm structures, inside Elmore town.

  • Written notification and a sketch plan showing setbacks from road rights-of-way, property lines, and surface waters must be supplied to the Zoning Administrator before construction as required under AAPs.
  • Flood Hazard Area Development Standards can still regulate otherwise exempt activities.

  “Required agricultural and best management practices (RAPs, BMPs), including farm structures, as defined by the Commissioner of Agriculture, Food and Markets in accordance with the Act [§4413(d)]; however written notification, including a sketch plan of the structure showing setback distances from road rights-of-way, property lines, and surface waters shall be made to the Zoning Administrator prior to any construction as required under the AAPs.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Elmore town.

  • Approval must be secured before subdivision, construction or site preparation, relevant contracts for sale, building permits in a proposed subdivision, and filing a subdivision plat.
  • The Bylaw's definition includes resubdivision and common-ownership divisions.

  “Prior to any subdivision of land, construction, or site preparation for development; any contract for the sale of all or any part of the land or structures involved; the issuance of a permit for the erection of any building in a proposed subdivision; and before any subdivision plat may be filed with the Town Clerk, the subdivider or authorized agent shall apply for and secure approval of the proposed subdivision in accordance with the procedures set forth in these regulations.”

• Driveway accessLimited

  Subdivision lots and private roads serving four or more lots inside Elmore town.

  • The DRB may apply road standards to driveways when needed for suitable access or anticipated future subdivision.
  • Subdivision lots are to use shared driveways or internal development roads; agricultural and forestry curb-cuts are excepted.
  • Additional access may be approved for stated safety, site-layout, or traffic-management circumstances.

  “Subdivision lots shall be served by shared driveways and/or internal development roads providing access to multiple lots. With the exception of accesses (curb-cuts) used solely for agricultural or forestry purposes, no lot in existence as of the effective date of these regulations may be served by more than one access.”

• Building in a floodplainRequired

  New development inside Elmore's Flood Hazard Overlay District.

  • Flood Hazard Overlay applications are referred to the Vermont Department of Environmental Conservation; no zoning permit issues before a response or 30 days after submission.
  • A Certificate of Compliance is required for any new development in the Overlay District.

  “Applications for development within the Flood Hazard Overlay District shall be referred to the Floodplain Management Section of the Vermont Department of Environmental Conservation for review. No zoning permit shall be issued until a response has been received from the Department, or the expiration of 30 days following the submission of the application.”

• Permit processPublished (with conditions)

  Elmore zoning-permit applications for permitted uses and conditional uses.

  • Applications must include all materials, fees, and other approvals.
  • For a permitted use, two sketch-plan copies are required; for conditional uses, a site development plan and §5.2 information are required.
  • The Zoning Administrator has 30 days after receipt of a complete application to issue, deny, or refer it; otherwise the permit is deemed issued on day 31, subject to §8.1(D).

  zoning administrator decision deadline: <= 30 days (After receipt of a complete application, including materials, fees, and approvals.)

  “The Zoning Administrator shall within thirty (30) days of receipt of a complete application, including all application materials, fees and approvals, either issue or deny a zoning permit, or refer the application to the DRB for review.”

Rules another office applies inside Town of Elmore

Town of Elmore 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 supplies and wastewater systems serving property inside Elmore town.

  • A municipality may act as a duly authorized representative only if it receives delegation under Subchapter 6.
  • The Town Bylaw directs subdivision applicants to obtain State wastewater permits before recording a final plat.

  “The issuance of a wastewater and potable water supply permit by the Vermont Department of Environmental Conservation assumes conformance with these rules. State wastewater permits shall be obtained prior to recording the approved final plat in the Land Records”

• Septic permitRequired

  Construction or operation of potable-water supplies and wastewater systems serving property inside Elmore town.

  • Exceptions in Rules §§1-301 through 1-304 apply.
  • A permit or amendment is required before the listed actions, including construction of a new wastewater system, new building, or connection, occur.

  “Except as provided in this Section and in § 1-302, § 1-303, and § 1-304, no person shall take or cause to be taken any of the following actions without first obtaining a permit or permit amendment from the Secretary for the construction and operation of a potable water supply and wastewater system:”

• Well permitRequired

  New potable-water supplies serving property inside Elmore town.

  • Rules §§1-302 through 1-304 contain exceptions.
  • For subdivisions served by new or upgraded wells, Elmore requires evidence that the well locations meet State regulations and requires State water-supply permits before recording the final plat.

  “If the proposed subdivision is to be serviced by new or upgraded wells, the applicant shall provide evidence of the location of all proposed wells and evidence that these locations will meet applicable State regulations. The issuance of a wastewater and potable water supply permit by the Vermont Department of Environmental Conservation assumes conformance with these rules.”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside Elmore town.
• Building code adopted — Building-code adoption for residential construction inside Elmore town.
• Minimum dwelling size — Dwelling size inside Elmore town.
• Tiny homes — Tiny-home occupancy inside Elmore town.
• Off-grid sanitation — Off-grid sanitation systems inside Elmore 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.