Q: Can the words "shall" and "must" and "prohibit" be used in the goals of a municipal plan?
I am a Planning Commissioner involved in writing South Burlington's Municipal Plan.
Certainly, in the context of drafting a municipal plan, the use of terms like "shall," "must," and "prohibit" is common and can be essential for conveying the intent and requirements of the plan. "Shall" and "must" typically denote mandatory actions or obligations, making it clear that certain policies or goals are non-negotiable and must be implemented. For instance, stating that "new developments shall prioritize energy efficiency" emphasizes the importance of this requirement.
The term "prohibit" is employed when the plan intends to explicitly disallow specific activities or land uses within certain areas of the municipality. For example, if the plan states that "the municipal plan prohibits heavy industrial activities in residential zones," it communicates a clear restriction.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.