Exemptions

Essentially, any construction, renovation, or change of use of a structure or property requires a building permit, a zoning permit, or both.  There are a few exceptions, however.  Exemptions from zoning permits are listed below.  For exemptions from building permits, please contact the Building Inspector or Administrative Assistant (contact info. to the left).

Bennington Land Use And Development Regulations
Section 10.2 Exemptions

(A) No zoning permit shall be required for the following:

(1) The subdivision of land for which subdivision approval is required under Article 7. Subsequent development on subdivided lots shall require a zoning permit in accordance with these regulations.

(2) Structures that are less than 8 feet in height, including fences or walls, which are not covered by a roof and are not intended as shelter or housing for persons, animals or materials; however, no fence, wall, hedge, shrubbery or other obstruction in excess of 3 feet in height, as measured above the nearest portion of the traveled way, shall be placed or allowed to grow at a street intersection in a manner that interferes with corner or sight distances for vehicular traffic, in accordance with Section 4.3.

(3) Electric light poles, telephone or telegraph poles owned and maintained by a public utility, excluding utilities service extended to serve proposed land development or subdivisions, which may be regulated with regard to location and installation in accordance with Article 6 and/or Article 8.

(4) Highway and railroad bridges.

(5) Signs specifically exempted under the Bennington Sign Ordinance.

(6) Normal maintenance and repair of an existing structure, utilities or infrastructure that does not result in any change to the footprint or height dimensions of the structure, or a change in use.

(7) Customary and incidental residential driveway and utility maintenance, gardening and other yard improvements.

(8) Garage sales, yard sales, auctions or other such temporary sale events which do not exceed 3 consecutive days, nor more than 12 days in any calendar year.

(9) Accepted Agricultural Practices (AAPs) and Accepted Management Practices (AMPs), including farm structures but not dwellings, as defined by the Commission of Agriculture, Food and Markets in accordance with the Act; 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 Administrative Officer prior to any construction as required under AAPs.

(10) Accepted management practices (AMPs) for silviculture s defined by the Commissioner of Forests, Parks, and Recreation, in accordance with the Act. Cutting associated with site development and yard and view clearing associated with seasonal camps located within the Forest District does not constitute silviculture and shall be regulated in accordance with the standards set forth in Table 3.15.

(11) Public utility power generating plants and transmission facilities regulated under 30 V.S.A. Section 248. Such facilities, however, should conform to policies and objectives specified in the Bennington Town Plan.

(B) Notwithstanding the exemptions listed in subsection (A), above, any new construction or alteration to an existing structure within the Historic Central Bennington Design Review District shall be reviewed in accordance with the procedures and standards set forth in Table 3.19.

Building Permit Exemptions – Please contact Building Inspector or Administrative Assistant.

THE INFORMATION ON THIS WEBSITE IS OFFERED AS A GENERAL GUIDE TO LAND USE PERMITTING IN BENNINGTON.  PLEASE CALL THE BENNINGTON PERMITTING DEPARTMENT AT 802-442-1037 REGARDING SPECIFIC QUESTIONS AND ISSUES REGARDING BENNINGTON LAND USE PERMITS.

ALL APPLICANTS FOR A PERMIT FOR COMMERCIAL PROJECTS SHOULD CONTACT THE TOWN’S PLANNING DIRECTOR AND BUILDING INSPECTOR FOR AN INFORMAL REVIEW OF THE PROJECT BEFORE ANY PERMIT APPLICATIONS ARE SUBMITTED TO THE TOWN.