Compare ADU rules across Vermont

Bennington's bylaw still says yes: Section 4.2(A)(1) requires that "the owner shall reside on the property in either the primary or accessory dwelling unit," written as a standing condition of the use rather than a one-time test at application, and Section 4.2(D) reinforces it by requiring the zoning permit itself to state that the apartment is accessory to the principal residential use. State law no longer supports it. Until 2026 the statewide ADU mandate ran only to "a single-family dwelling on an owner-occupied lot," which gave towns cover for local owner-occupancy conditions, but Act 179 of 2026 (S.328), Sec. 9 struck that phrase from 24 V.S.A. § 4412(1)(E) effective July 1, 2026 while keeping the sentence that requires a single-family dwelling with an ADU to be subject to the same review, dimensional, or other controls as one without. An owner-occupancy condition imposed only because there is an ADU is exactly such an extra control, and § 4412 applies "Notwithstanding any existing bylaw," so the statute controls over the unamended LUDR. Expect to have to raise the statute at the counter, because Bennington has not amended Section 4.2 and its Planning Commission only restarted the LUDR text update in July 2026. If you do comply, either unit may be the owner's, so living in the ADU and renting the main house is fine.

Ordinance read August 2026

Brattleboro's own bylaw still requires it: Subsection 116.A(4) conditions the mandatory ADU permit on the owner residing on the property in either the primary or the accessory unit, with nothing sunsetting that condition once the unit is built. That local text is now in conflict with the state floor. Vermont Act 179 of 2026 (S.328), Sec. 9, struck the phrase 'on an owner-occupied lot' from 24 V.S.A. section 4412(1)(E) effective July 1, 2026, so the State now bars any bylaw from excluding as a permitted use one accessory dwelling unit located within or appurtenant to a single-family dwelling, with no owner-occupancy predicate at all. Section 4412 opens 'Notwithstanding any existing bylaw, the following land development provisions shall apply in every municipality', which is self-executing preemption that does not wait on a local amendment. Brattleboro had not amended Section 116 as of this check, so an applicant may still meet a Zoning Administrator applying the old condition; the statute controls, and it is worth putting the citation in writing at the counter. Treat the practical answer as unsettled locally until the Selectboard conforms the bylaw.

Ordinance read August 2026