Can a municipality adopt freestanding flood plain regulations without a municipal plan?
No. A municipality without zoning regulations can adopt freestanding flood plain regulations, but they must conform to a valid municipal plan. 24 V.S.A. 4424. It is important to note that flood plain regulations that were adopted in towns without bylaws prior to the enactment of Act 115, will continue in full force and effect and are not impacted by the recent changes to the law, until 2011. Those flood plain regulations will be rendered invalid on September 1, 2011, if they are not based on a town plan. In the meantime, if a municipality seeks to amend that bylaw, it will need a valid town plan on which to base that new bylaw.
