DESIGN PROTECTION AGREEMENT
Higher Ground – Middletown Springs, Vermont
(Private road, 3 lots, no town zoning)
This is NOT a traditional HOA or restrictive covenant. It is
an appearance‑and‑character agreement to protect views, property values, and
rural quiet on our shared dead‑end road.
All development rights, home businesses, subdivisions, and dwelling sizes
remain fully permitted under Vermont law (27 V.S.A. § 545).
1. What We Protect (and why)
Because Middletown Springs has no zoning, this agreement fills only one narrow gap:
No junk, no derelict vehicles, no visually offensive conditions visible from a neighbor’s
property. Everything else – your freedom to live, build, and use your land –
is unrestricted.
2. What You May Always Do (No permission needed)
✅ Any house size (no minimum sq ft)
✅ Subdivide your lot
✅ Accessory dwelling units (ADUs)
✅ Home occupation / low‑impact business
✅ Short‑term rentals (Airbnb, VRBO)
✅ Livestock (horses, goats, sheep, chickens – no pigs)
✅ Solar panels (best‑effort concealment from neighbor’s home)
✅ RV / travel trailer (up to 30 days visible; unlimited if screened)
✅ Parking in your driveway or garage
✅ Temporary tents / gatherings (max 2 events/year, 10+ people, 3 nights each)
3. The Only “Rules” (Visible areas only)
These apply only to what can be seen from another Higher Ground property
at ground level (any season, no binoculars).One sentence summary:
Keep your property neat and screened – just like good neighbors already do.
4. Shared Private Road (Higher Ground)
• All owners share equal costs for plowing, grading, drainage, repair
• No parking on the road except temporary loading/unloading (max 48 hrs)
• Any new lot created from a subdivision must follow this same Agreement
5. Noise & Nuisance (common sense)
• No loud machinery or amplified music before 9 AM or after 9 PM
• Construction noise: 9 AM – 7 PM
• Dogs: excessive barking (10+ continuous minutes, 4+ days/week) is a violation –
30 days to cure, then rehoming
• No roosters
6. No HOA – No Fines – No Board
✅ Allowed ❌ Not allowed visible to a neighbor
Well‑maintained homes & sheds Peeling paint, rotting siding, dilapidated
structures
Lawn furniture, landscaping Junk, debris, broken yard items
Registered vehicles Unregistered / inoperable /
non‑roadworthy vehicles
Recreational vehicles (ATV, boat,
snowmobile) if stored in garage or
screened
RVs, boats, tractors, equipment parked
in plain sight
Natural material fencing (wood, stone,
hedge)
Chain‑link fencing
Quality outbuildings (wood, stone,
HardiePlank, LP SmartSide)
Vinyl sheds or temporary metal/tarp/
fabric structures visible
Trash bins on collection day only Trash bins visible any other day
Seasonal decorations (up to 30 days) Blankets / sheets as window coveringsThere is no homeowners’ association, no fines, no design review committee, no
violation letters for unmowed grass.
Enforcement:
Only by filing a lawsuit in Vermont Superior Court (injunction). This is expensive
and rare – it exists only for serious, willful violations (e.g., a junkyard in plain sight).
Most disputes are solved by a simple conversation between neighbors.
7. Vermont Law Controls
These protections are intended to be fully enforceable as appearance‑based
covenants under Vermont law.
If any provision is ever found by a court to conflict with 27 V.S.A. § 545 (development
rights in towns without zoning), that provision is automatically severed – the rest of
the Agreement remains in full force.
Nothing here prohibits or restricts land development.
8. This Agreement Runs With the Land
This document is recorded in the Middletown Springs land records and binds all current
and future owners, heirs, and assigns.
It is not a lease, not an HOA, and not a restriction on use – only on visible
appearance and shared road courtesy.
IN WITNESS WHEREOF, the undersigned owners of property on Higher Ground
adopt this Design Protection Agreement.
Owner Name Signature Date Lot