Regional planning staff told the Berry City Council on Aug. 26 that a new state law, Act 181, requires regional future land‑use maps and introduces a three‑tier framework that changes how Act 250 (the statewide land‑use permitting statute) applies by location rather than project size.

The nut graf: Planners said Tier 1A and 1B can be optional and municipal staff must demonstrate administrative capacity to implement any local regulations; council members and the planning director agreed that pursuing a Tier 1B designation for limited areas appears feasible but Tier 1A would be a larger administrative lift.

Brian Voigt, senior planner and program manager at the Central Vermont Regional Planning Commission (CVRPC), and Nicky Sabado, CVRPC planner, described the new framework and a proposed schedule. Under the draft approach, Tier 1A gives the most flexibility — a full Act 250 exemption — but transfers full review responsibility to municipal staff; Tier 1B would exempt up to 50 housing units (on parcels under 10 acres) from Act 250 and shift initial review to the municipality. Tier 2 largely preserves the status quo. Tier 3 identifies critical natural resource areas and is developed by the Agency of Natural Resources; it can impose additional jurisdiction.

Voigt emphasized the optional nature of Tier 1 designations and said municipalities may opt into Tier 1B first and consider Tier 1A later. He warned that if a municipality later designates more than 10 acres as Tier 1B, the regional plan adoption process must be revisited, which creates additional work. He also said the regional plan and map do not supersede local zoning; they affect whether projects require Act 250 review.

Councilors raised staff‑capacity concerns. Janet, the city’s planning director, told the council the planning office currently lacks staffing to take on full Tier 1A responsibilities; she and several councilors said Tier 1B for carefully selected growth areas might offer local flexibility without overloading city staff. Council members discussed contractor options and a regional approach, where the regional planning commission or a contracted party performs the technical municipal review on the city’s behalf if staff capacity is insufficient.

CVRPC said it expects to publish interactive draft maps for review and submit a regional future land‑use map for state review in early 2026; CVRPC suggested the council provide mapping feedback through Janet and staff and consider which specific core or planned growth areas the city might nominate for Tier 1B. The planners recommended deciding about Tier 1B during the current mapping cycle if the city aims to designate areas larger than 10 acres, to avoid triggering a repeat adoption process.

Ending: Councilors asked staff to work with CVRPC on draft maps and return with recommendations; organizers said interactive mapping tools should be available in November and a decision on Tier 1B would likely be needed by early December for inclusion in the regional submission schedule.