State Preemption of Local Zoning in Vermont
How Vermont state law overrides local zoning ordinances. ADU preemption, lot split preemption, and impact on city-level regulations.
What Is State Preemption?
State preemption occurs when a state law overrides local government ordinances in a specific area. In land use, preemption means a city or county cannot adopt zoning rules that are more restrictive than the state standard. If a city tries to prohibit something the state law permits, the state law wins.
Vermont actively uses preemption in housing law. The state has enacted legislation that prohibits local governments from blocking certain types of housing development — most notably accessory dwelling units (ADUs) and lot splits.
ADU Preemption
Vermont Act 47 — An Act Relating to Needed Housing
This law preempts local ordinances — cities cannot impose rules stricter than the state ADU standard. Effective 2023-07-01.
What local governments cannot restrict:
Source: Vermont Act 47 — An Act Relating to Needed Housing. Last verified April 5, 2026. View source