A plan commission member runs into a citizen at the local market who says, “Wildwood subdivision is really going to ruin that part of town.” “Why?” asks the plan commissioner. “Well, it’s going to break up a large area of winter deer habitat, and you’ll be able to see all those houses from miles away.” The plan commissioner replies, “We might not be able to do anything about this project, but perhaps we need to write some regulations that impose stricter controls on sensitive wildlife areas in town.”

These are the types of conversations plan commissioners might have with their constituents in order to plan for the future. Part of planning for the future involves keeping land use regulations current with trends in land development and with the desires of the community.

However, if the same commissioner will be reviewing the subdivision as part of a plat approval process, the above conversation would be wholly inappropriate. In that context, the commissioner should simply say, “I’m sorry, I can’t discuss this with you unless we’re in an open public hearing. It’s not fair to others who may be interested in the case for me to speak about it with you.” This conversation might be difficult for plan commission members, particularly in small towns, but it’s the only proper way to handle the situation should it arise.

Adapted from Essentials of Planning and Regulation, 2007, Vermont Land Use Education and Training Collaborative. www.vpic.info/pubs/essentials