Title 10, Title 10: Conservation and Development

§ 6244. Security deposits (a) A security deposit is any advance, deposit, or prepaid rent that is refundable to a leaseholder at the termination or expiration of the occupancy. A security deposit is to secure the leaseholder’s obligation to pay rent and to maintain a rented mobil…

§ 6245. Illegal evictions (a) No park owner may willfully cause, directly or indirectly, the interruption or termination of any utility service to a mobile home except for temporary interruptions for necessary repairs. (b) No park owner may directly or indirectly deny a leasehold…

§ 6246. Remedies for illegal evictions (a) Any leaseholder who sustains damage or injury as a result of an illegal eviction, as defined in section 6245 of this title, may bring an action for injunctive relief, damages, costs, and reasonable attorney’s fees. (b) A court may award …

§ 6247. Retaliatory conduct prohibited (a) A park owner may not retaliate by any of the following: (1) establishing or changing terms of a rental agreement; (2) bringing or threatening to bring an action against a resident who has done any of the following: (A) complained in writ…

§ 6248. Abandonment of mobile home in mobile home park (a) A resident or owner of a mobile home in a mobile home park shall be deemed to have abandoned the mobile home if all the following conditions exist: (1)(A) a reasonable person would believe that the mobile home is not occu…

§ 6249. Sale of abandoned mobile home (a) A park owner may commence an action, which shall be entitled: In re: Abandoned Mobile Home of (name of owner), in the Civil Division of the Superior Court to obtain an order to sell the abandoned mobile home by filing a verified complaint…

§ 6251. Mobile home lot rent increase; notice; meeting (a) A mobile home park owner shall provide written notification on a form provided by the Department to the Commissioner and all the affected mobile home park leaseholders of any lot rent increase no later than 60 days before…

§ 6252. Lot rent increase dispute; mediation (a) If the percentage of a proposed lot rent increase is more than one percentage point above the U.S. Consumer Price Index for all Urban Consumers, Housing Component, published by the U.S. Bureau of Labor Statistics in the periodical …

§ 6253. Lot rent increase abatement; civil action (a) If the parties are unable to resolve the disputed proposed lot rent increase pursuant to the process provided in section 6252 of this title, an action for abatement of some or all of the proposed lot rent increase based on a c…

§ 6254. Registration of mobile home parks; report (a) No later than September 1 each year, each park owner shall register with the Department on a form provided by the Department. The form shall include the following information: (1) the name and address of the owner or owners of…

§ 6261. Resident obligations; use and maintenance of premises (a) The resident shall not create or contribute to the noncompliance of the premises with applicable provisions of building, environmental, or housing and health rules. As used in this subchapter, the term “premises” m…

§ 6262. Park owner obligations; warranty of habitability; rules (a) In any lot rental agreement, the park owner shall be deemed to covenant and warrant to deliver over and maintain, throughout the period of the tenancy, premises that are safe, clean, and fit for human habitation.…

§ 6263. Habitability; leaseholder remedies (a)(1) If the mobile home park owner fails to comply with the obligation of habitability, the park owner shall be deemed to have notice of the noncompliance if the park owner receives actual notice of the noncompliance from the leasehold…

§ 6264. Minor defects; repair and deduct (a)(1) If the park owner fails to repair a minor defect or noncompliance with this chapter or noncompliance with a material provision of the rental agreement within 30 days of receipt of written notice, the leaseholder may repair the defec…

§ 6265. Condemnation and relocation of residents (a) The owner of a lot or rented mobile home that is condemned by a governmental agency due to the willful failure or refusal of the owner to comply with any obligations imposed by law shall provide for reasonable relocation costs …

§ 6266. Sale of mobile home park; health and safety compliance (a) The State, a political subdivision of the State, or any local governmental entity that has lawfully issued and served on the owner of a mobile home park an order that is based on a finding that the premises of the…

§ 6301. Purpose It is the purpose of this chapter to encourage and assist the maintenance of the present uses of Vermont’s agricultural, forest, and other undeveloped land and to prevent the accelerated residential and commercial development thereof; to preserve and to enhance Ve…

§ 6301a. Definitions As used in this chapter: (1) “State agency” means the Agency of Natural Resources or any of its departments, Agency of Transportation, Agency of Agriculture, Food and Markets, or Vermont Housing and Conservation Board. (2) “Qualified organization” means: (A) …

§ 6302. Power to acquire (a) In order to carry out the purposes set forth in section 6301 of this title, any owner of real property located within this State or of any right or interest in real property located within this State may sell, donate, devise, exchange, or transfer tha…

§ 6303. Interests that may be acquired (a) The rights and interests in real property that may be acquired, used, encumbered, and conveyed by a municipality, State agency, or qualified organization shall include the following: (1) Fee simple. (2) Fee simple subject to right of occ…

§ 6304. Sales of land In any case where rights and interests in real property have been reconveyed or leased back to a person by a municipality or a department, the use of land subject in the reconveyance or lease back shall not be changed, and no residential, industrial, or comm…

§ 6305. Exchanges of land In exercising its authority to acquire property by exchange, a department may accept real property and rights and interests in the real property, and may convey to the grantor of such real property or rights and interests in the real property any State-o…

§ 6306. Exemption from taxation (a) The rights and interests in real property acquired by a municipality or State agency under the authority of this chapter shall be considered as municipal or State-owned land, as the case may be, with respect to taxation and State reimbursement …

§ 6307. Enforcement (a) Injunction. In any case where rights and interests in real property are held by a municipality, State agency, or qualified organization under the authority of this chapter, the legislative body of the municipality, the State agency, or the qualified organi…

§ 6308. Rights in perpetuity unless limited (a) If the legislative body of a municipality in the case of municipal rights or interests, or a State agency in the case of State-owned rights or interests, finds that the retention of the rights or interests is no longer needed to car…

§ 6309. Agency of Agriculture, Food and Markets; leases In the event that real property acquired by the Agency of Agriculture, Food and Markets is leased to a lessee other than a governmental entity of the State of Vermont, the lessee shall be taxed on the fair market value or th…

§ 6310. Conservation easement holder; nonmerger If a holder of a conservation easement is or becomes the owner in fee simple of property subject to the easement, the easement shall continue in effect and shall not be extinguished. (Added 2015, No. 51, § F.8.)

§ 6311. Conservation rights and interests; tax liens A tax lien shall not affect conservation rights and interests if the tax lien attaches to the subject property under 32 V.S.A. § 5061 subsequent to the recording of the conservation rights and interests in the municipal land re…

§ 6501. Storage of radioactive material (a) No facility for deposit, storage, reprocessing, or disposal of spent nuclear fuel elements or radioactive waste material shall be constructed or established in the State of Vermont unless the General Assembly first finds that it promote…

§ 6502. Petition procedure (a) A petition for approval by the General Assembly of a facility under section 6501 of this title shall be submitted to the Speaker of the House and the President of the Senate. The petition shall be referred forthwith to the Joint Energy Committee. (b…

§ 6503. Legislative approval (a) The Committee shall report to the General Assembly its recommendation to approve or not to approve the petition for the facility together with such additional information and comment it deems appropriate. (b) Any bill or joint resolution approving…

§ 6505. Exemption This subchapter does not apply to any temporary storage by Vermont Yankee Nuclear Power Corporation of spent nuclear fuel elements or other radioactive waste at its present site. (Added 1979, No. 191 (Adj. Sess.), § 3; amended 1985, No. 195 (Adj. Sess.), § 3, ef…

§ 6506. Definitions As used in this chapter, “radioactive waste” means waste material: (1) technologically enhanced for the purpose of increasing the concentration of radioactive elements; or (2) contaminated with such technologically enhanced material to a radioactive level abov…

§ 6507. Scope of State regulation of radioactive materials and waste (a) This section applies to: (1) waste or material, generated within the United States, with respect to which all of the following apply: (A) it is radioactive waste or radioactive materials classified as radioa…

§ 6521. Findings The General Assembly finds: (1) The Vermont Yankee nuclear power station (Vermont Yankee) in Vernon provides a very large fraction of the State’s power supply and is by far the largest power plant operating in the State. (2) Whether the plant runs to the end of i…

§ 6522. Public Utility Commission review of proposals for new storage facilities for spent nuclear fuel (a) Neither the owners of Vermont Yankee nor their successors and assigns shall commence construction or establishment of any new storage facility for spent nuclear fuel before…

§ 6551. Definitions As used in this chapter: (1) “Fragile area” means an area of land or water that has unusual or significant flora, fauna, geological, or similar features of scientific, ecological, or educational interest. (2) “Register” means the fragile areas register that li…

§ 6552. Fragile areas (a) The Secretary shall consider for designation on a register of fragile areas only a site that: (1) is a significant statewide scientific, ecological, or educational value; or (2) is exemplary for the purposes of education or research in the natural scienc…

§ 6553. Powers of the Secretary (a) The Secretary shall: (1) establish and maintain a register of fragile areas, including status, current ownership, and size of each area; and (2) adopt stewardship guidelines for maintenance and protection of registered fragile areas on private …

§ 6554. Impact statement A State agency, municipality, or organization, before making a capital improvement, which is funded in whole or in part by federal or State money, within or adjacent to a fragile area on public land shall, in compliance with rules adopted pursuant to 42 U…

§ 6555. Cooperation of agencies State agencies shall: (1) notify the Secretary before altering or transferring any publicly owned property that is listed in the register; and (2) provide for the maintenance or protection of State-owned properties listed in the register. (Added 19…

§ 6556. Terms of fragile areas registry (a) If the owner agrees to register a tract of land, and the Secretary so designates the tract a fragile area, the owner shall receive a certificate and stewardship guidelines to protect and manage the area. (b) The agreement may be termina…

§ 6601. Declaration of policy and purpose (a) The developed world continues to pollute the environment and add to the depletion of the world’s resources by burning and burying resources as waste. Furthermore, inefficient and improper methods of managing solid and hazardous waste …

§ 6602. Definitions As used in this chapter: (1) “Secretary” means the Secretary of Natural Resources or his or her duly authorized representative. (2) “Solid waste” means any discarded garbage; refuse; septage; sludge from a waste treatment plant, water supply plant, or pollutio…

§ 6603. Secretary; powers In addition to any other powers conferred on him or her by law, the Secretary shall have the power to: (1) Adopt, amend, and repeal rules pursuant to 3 V.S.A. chapter 25 implementing the provisions of this chapter. (2) Issue compliance orders as may be n…

§ 6603c. Implementation grants and loans for waste management (a)(1) The Secretary may issue grants to a municipality or a group of municipalities organized as a solid waste management district or acting through or as a regional planning commission for up to 40 percent of the cos…