Resource Conservation Zoning Districts
In Brief
Zoning bylaws are intended to implement a community’s land use plan by designating the types of land uses, densities and development standards that are appropriate for different areas (i.e. zoning districts). Where a community wants to encourage smart growth, such as in a growth center, zoning districts would generally allow high densities, a mix of uses and development standards designed to foster a compact, pedestrian oriented settlement pattern. Where a community wants to protect natural resources or maintain a working landscape, a resource conservation district may be appropriate to limit the range of land uses, ensure low densities and protect natural features.
Summary
Many municipal plans identify areas within the community where development should be avoided, or only occur at low densities and subject to standards designed to prevent or mitigate impacts on identified resources. Examples include large tracts of forest land that are not well served by roads and utilities; blocks of contiguous farmland; areas characterized by fragile environmental features, such as steep slopes, water resources, wildlife habitat or high elevation lands; or scenic resources. Including such areas in a resource conservation (or resource protection) district is an effective means of preventing the degradation of those resources through inappropriate development.
Chapter 117 (§4414) explicitly authorizes a municipality to adopt a variety of types of zoning districts to address different land use goals, including: “Agricultural, rural residential, forest, and recreational districts deemed necessary to safeguard certain areas from urban or suburban development and to encourage that development in other areas of the municipality or region.” These are described as being relatively exclusive districts, limited to identified resource management objectives (e.g., farming, forestry, outdoor recreation), and either excluding other types of land use and development, or only allowing limited land uses (e.g., housing) at very low densities.
Common uses of Resource Conservation Districts in Vermont include forest districts which limit fragmentation and subsequent residential development, agricultural districts which typically only allow residential development at low densities (e.g., one housing unit per every 25-50 acres), and resource protection districts that may limit most development and impose standards to protect water resources, avoid erosion or resource fragmentation, or ensure that the design and siting of development does not have an adverse impact on scenic or cultural resources.
It is important that the standards that apply to land use and development in a resource conservation district be designed to support the resource values present. Too often, Resource Conservation Districts are developed with the best of intent, but include standards that are counter to that intent. For example, an “agricultural” district with a stated purpose of supporting farming should not facilitate the development of farmland by allowing single family homes on five acre lots without any review or standards to avoid the conversion of viable farmland.
Drafting standards based on resource protection, and ensuring the new development does not harm those resources, is a key to an effective resource conservation district.
Related Issues
Related Case Studies
Resources
Vermont Land Use Planning Implementation Manual: Open Space Regulations. This provides more detailed information on conservation districts.
Vermont Planning Statutes. This link provides the legal framework for conservation zoning districts as referenced in Vermont Planning Statutes.
