How to Appeal the Decision of the Zoning Enforcement Officer

What is an order, requirement or decision?

  • Permits are always decisions
  • Cease and Desist Orders or Orders to Discontinue, where the appeal path is set forth, are decisions
  • Warning letters, particularly those that say they cannot be appealed are NOT orders
  • If you have any questions on whether something is a decision, you may contact our office or seek independent legal advice.
Should you receive an Order, you have 15 days to file an appeal with the Zoning Board of Appeals (ZBA).  Failure to file your appeal within this period prevents you from ever appealing this order!  If you have questions, Land Use Staff can assist you in filing the appeal.

Once your appeal has been filed, a hearing will be scheduled.  At the hearing you may have legal representation.  The ZBA has the responsibility to re-hear all of the evidence regarding the underlying facts which lead to the issuance of the Order.  The ZBA is NOT bound by the Order and hears the evidence from scratch.

It takes four votes (out of five) to overturn the Order.
Appeal to Superior Court