In re Brewster River Mountain Bike Club, Inc. Conditional Use Application David Demarest & Jeff Moulton

Burlington, Vermont planning and zoning lawyers represented the parties.



This case involvoed a foot bridge on the property of landowners, Nicole Ritchie and Elisabeth McIntee, in the Town of Underhill. Neighbors David Demarest and Jeff Moulton appeal an Environmental Division order holding that improvements to the bridge amounted to a de minimis use of private property for recreational purposes and, therefore, were not subject to the Town's zoning regulations. We agree that landowners' improvements to the bridge are not subject to zoning regulation.



* * *



Based on several provisions of the Town's regulations, neighbors argue that the bridge is subject to Underhill's zoning ordinance as "land development." The regulations require that "[n]o land subdivision or development shall commence in the Town of Underhill except in conformance with these regulations" and specify that "[l]and subdivision or development not specifically authorized under these regulations . . . is prohibited." Town of Underhill Unified Land Use & Development Regulations § 1.3 (with amends. through March 3, 2020) [hereinafter ULUDR], https://www.underhillvt.gov/media/7131 [https://perma.cc/8243-X9FL]. The zoning ordinance goes on to define land development as "[t]he construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure." Id. § 11.2. The term "structure" is defined as an "assembly of materials on the land for occupancy or use, including



* * *



Key Phrases Conditional use application. De minimis recreational use. Zoning regulations. Environmental Division order. Land disturbance.

Affirmed