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

Town of Derby’s own rules

• Certificate of occupancyLimited

  Occupancy and use of buildings, structures, lots, or parts thereof inside Derby town after construction, subject to stated exemptions.

  • Single-family dwellings, two-family dwellings, residential accessory structures or uses, and exempt agricultural structures are excepted under § 905.1.
  • A temporary certificate may not exceed one year and may not be renewed.

  certificate of occupancy fee: 100 USD · temporary certificate base fee: 50 USD (plus $10 per month, up to 12 months)

  “does not apply to single family dwellings”

• Local zoningPresent (with conditions)

  Land inside Derby town, Orleans County, Vermont.

  • The official zoning map held by the Zoning Administrator is the final authority on current zoning status.

  “The zoning map officially entitled “Town of Derby Zoning Map” is hereby adopted as part of this Bylaw. The Town of Derby Zoning Map shows the division of the Town into the following districts:”

• Zoning districtsPublished (with conditions)

  Land inside Derby town, including mapped Town, Derby Line, and Derby Center districts.

  • The Zoning Administrator's official map controls current zoning status.
  • The map also contains a Source Protection Area overlay district.

  “The zoning map officially entitled “Town of Derby Zoning Map” is hereby adopted as part of this Bylaw. The Town of Derby Zoning Map shows the division of the Town into the following districts:”

• Manufactured homesLimited

  Mobile homes, modular housing, and other prefabricated housing inside Derby town.

  • They may be excluded only on the same terms and conditions as conventional housing.
  • Mobile-home parks remain subject to applicable law.

  “Except as provided in VSA Title 24 §4414(1)(E) and (F), no zoning regulation shall have the effect of excluding mobile homes, modular housing, or other forms of prefabricated housing from the Town of Derby, except on the same terms and conditions as conventional housing is excluded.”

• Accessory dwellingsAllowed (with conditions)

  One accessory dwelling unit within or appurtenant to an owner-occupied single-family dwelling inside Derby town.

  • The unit must be outside the Special Flood Hazard Area.
  • The property must have sufficient wastewater capacity.
  • The unit must not exceed 30 percent of the total habitable floor area of the single-family dwelling or 900 square feet, whichever is greater.
  • Applicable setback, coverage, and parking requirements apply.

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

  “One accessory dwelling unit is allowed to be located within or appurtenant to an owner-occupied single-family dwelling provided it is located outside the Special Flood Hazard Area, as described in Article 6 of this bylaw.”

• Agricultural exemptionAvailable (with conditions)

  Accepted agricultural practices, including construction of farm structures, inside Derby town.

  • Written notification and a sketch plan showing setbacks from road rights-of-way, property lines, and surface waters must be submitted to the Administrative Officer.
  • Structures must meet all applicable setbacks unless the Secretary of Agriculture, Food and Markets specifically waives them.

  “Accepted agricultural practices, including the construction of farm structures, as those practices are defined by the Secretary of Agriculture, Food and Markets, in accordance with Title 24 VSA §4413(d) are exempt from all zoning fees provided;”

• Subdividing landRegulated (with conditions)

  Subdivision projects inside Derby town.

  • Projects accessing a Town road must show that a Town access/driveway permit application has been filed, including Road Foreman feedback.
  • Projects accessing a State highway require the specified Agency of Transportation letter of intent.

  “If the project involves access to a Town road, evidence that a Town access/driveway permit application has been filed, including feedback from the Road Foreman. If the project involves access to a State highway, a letter of intent from the Agency of Transportation confirming that the Agency has reviewed the subdivision plan and is prepared to issue an access permit under VSA Title 19 §1111, and setting out any conditions that the Agency proposes to attach to the §1111 permit.”

• Driveway accessRequired

  Projects creating a new entry onto a Derby town road or altering the public right-of-way.

  • The access permit is issued by the Town Road Commissioner.
  • Application forms are available from the Zoning Administrator and may be filed with the zoning-permit application.

  “Any project requiring new entry onto Town roads or alters the public right of way requires an Access Permit issued by the Town Road Commissioner, application forms are available from the Zoning Administrator and may be submitted in conjunction with the zoning permit application.”

• Building in a floodplainRequired

  Development in Derby's mapped areas of special flood hazard.

  • The regulations apply to mapped special flood-hazard areas.
  • A conditional-use permit from the Zoning Board of Adjustment is required.
  • For new buildings, substantial improvements, or floodway development, the application must first be sent to DEC; a permit may issue only after DEC comments or 30 days after mailing, and the applicant must establish the postmark date.

  “All development including fill, excavation, grading, erection or placement of structures, substantial improvement of existing structures and storage of equipment and materials prescribed by the Town of Derby Zoning Bylaw are permitted within an area of special flood hazard only upon the granting of a conditional use permit by the Zoning Board of Adjustment”

Rules another office applies inside Town of Derby

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

• Owner-builder exemptionConditional

  Owner-directed residential construction inside Derby town, for Vermont RBES compliance.

  • The owner must be the builder.
  • The construction must be used as the owner's dwelling.
  • The owner must direct installation details for noncompliant materials.
  • Before a binding sale agreement, the owner must provide the prescribed written disclosure; the certificate must be recorded and sent to the Department of Public Service within 30 days following sale.

  “Residential construction by an owner, if all of the following apply: (A) The owner of the residential construction is the builder, as defined under this section. (B) The residential construction is used as a dwelling by the owner.”

• Building code adoptedAdopted (with conditions)

  Residential construction inside Derby town.

  • The claim concerns Vermont Residential Building Energy Standards, rather than a locally adopted comprehensive building code.

  “Residential construction shall be in compliance with the standards adopted by the Commissioner of Public Service in accordance with subsection (c) of this section.”

• Lot coverageSpecified

  Lots in Derby's VR-2/DL Village Residential-Two Derby Line district.

  • The limit applies to the footprint coverage of lots by all structures.

  maximum footprint coverage: <= 33.3 percent of total lot area

  “The maximum footprint coverage of lots in this zone by all structures shall not exceed 33.3% of the total lot area.”

Still unanswered

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

• Building permit — Residential construction inside Derby town.
• Inspections — Residential construction inside Derby town.
• Minimum dwelling size — Residential dwellings inside Derby town.
• Living in an RV — Long-term occupancy of recreational vehicles on private land inside Derby town.
• Camping on your land — Temporary camping on private land inside Derby 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.