A Central Vermont Regional Planning Commission official briefed the Montpelier City Council on Act 181, the 2024 statewide land‑use law that requires regional future land‑use maps and introduces a three‑tier framework for where development review occurs.

Planner Brian Boyd said Act 181 creates tiers: Tier 1A and 1B (locations intended for planned growth, with 1A ultimately moving permitting authority to municipalities), Tier 2 (status quo), and Tier 3 (state‑identified critical natural resource areas). He explained that Tier 1B provides an exemption from Act 250 review for developments under 50 units or 10 acres in designated locations if the municipality demonstrates administrative capacity. Boyd said the Central Vermont RPC will submit regional maps and an updated regional plan in early 2026 and expects to publish a draft regional map for public review in late November or early December; municipalities that want Tier 1B must opt in and specify mapped areas, and the commission would include those choices in the regional submittal.

Why it matters: Act 181 will change where Vermont land‑use jurisdiction lies for planned growth areas; municipalities that opt into Tier 1 designations take on greater permitting responsibility but gain local control and possible relief from Act 250 jurisdiction for certain projects.

Key points from the presentation

- Tier 1A/1B: Intended to direct growth to downtowns, villages and planned growth areas. Tier 1B allows municipal review exemptions for projects under 50 units and under 10 acres in designated areas; Tier 1A is a separate formal application to the Land Use Review Board.
- Tier 2: Default “status quo” for most lands; municipalities remain in existing review pathways.
- Tier 3: State‑designated critical natural resources, identified by the Vermont Agency of Natural Resources and the Land Use Review Board; Tier 3 areas trigger stricter review thresholds.

Boyd stressed that these future land‑use maps are not zoning maps and do not automatically override local regulations. He also noted that changes to the “road rule” are pending and may limit single private roads to 800 feet and networks to 2,000 feet before enhanced review is triggered.

Timelines and municipal choices

Boyd said the regional commission will use a statewide methodology to generate consistent regional future land‑use maps; municipalities will have opportunities to offer local input where the methods produce borderline decisions. The commission expects to submit its plan and maps in early 2026; a municipal decision to opt into Tier 1B in time to be reflected in the regional submittal would need to follow the commission’s public draft and local review timeline (the presenter referenced a Dec. 9 opt‑in note). Council members asked procedural questions about parcel‑level designations and whether land‑use classes can cross property lines; Boyd said yes, scribe areas can be mapped at sub‑parcel resolution in coordination with municipal planning staff.

What the council will do next

Councilors asked staff to follow upcoming RPC outreach, review the draft regional map when it is published, and prepare recommendations about whether and where Montpelier should seek Tier 1B opt‑in for planned growth areas.