Regional planners brief Newport on Act 181 map and local opt‑in to Act 250 exemptions

Lisonbee Lowe, a presenter for NVDA, told the Newport City Council on Sept. 9 that the regional planning commission has drafted a future land use map under Act 181 and is asking municipalities to consider whether to opt in to limited or full exemptions from Act 250 permitting. The presentation described two primary options: Tier 1A, a full permanent exemption for specified downtown center areas, and Tier 1B, a partial exemption that would allow housing projects of up to 50 units on up to 10 acres to bypass Act 250 review if located in designated neighborhoods.

The map and exemption program matter because they reassign some permit authority from the state to participating municipalities and carry economic incentives. "The benefits of Tier 1A would be a permanent total exemption of Act 250 permitting for the Tier 1A parts of the city," Lowe said, adding that some state-administered permits, such as wetlands and stormwater, would still apply.

NVDA planners said Tier 1A applications require more local regulatory work: a regionally approved municipal plan, a future land use map consistent with the application, revised flood hazard and river corridor bylaws, adoption of form‑based or otherwise smart‑growth zoning/subdivision bylaws, protections for rare, threatened and endangered species (RTE), demonstrated water and sewer capacity, and adequate municipal staffing to administer development review. "You would also be expected to adopt flood corridor regulations," the presenter said, and noted the Department of Environmental Conservation has model regulations staff recommend communities use.

Planners explained Tier 1B would be quicker to access and is housing‑only: municipalities can request Tier 1B status before the regional plan is submitted to the Land Use Review Board (LURB) and, if granted, projects meeting the size and location limits would be exempt from Act 250. NVDA recommended municipalities consider Tier 1B both as an interim step while pursuing Tier 1A and for areas that do not meet Tier 1A criteria.

Council members and residents asked detailed questions. Mayor Rick Helfer Chase and others sought clarity on next steps and timelines; planners said the regional plan must be approved by the Land Use Review Board and that Tier 1A applications to LURB would follow regional plan approval. Planners gave timing guidance: NVDA expects to submit a regional plan around mid‑2026 and said communities could begin Tier 1A applications after January 2026 once the regional plan is approved.

Speakers also raised environmental concerns. A resident cited a past landfill/industrial permitting issue and asked who would enforce hazardous use limits if Act 250 authority is removed. Planners replied that municipal bylaws and local administration would carry the onus for enforcement in exempt areas and recommended careful review of local regulations and protections before choosing to opt in. NVDA staff said local governments could either exclude RTE areas from an exemption boundary or adopt regulations to protect them; draft state guidance on RTE protections was described as imminent.

Planners outlined benefits tied to center and neighborhood designations that accompany the map: eligibility for certain tax credits for income‑producing properties, priority infrastructure funding, access to downtown transportation funds (for downtown centers), and other incentives aimed at supporting housing and downtown economic activity. "Tax credits are the signature benefit," a presenter said; they are typically certificates sold to banks to raise project capital.

Planners emphasized the opt‑in nature of the program: NVDA is providing mapping and technical guidance but will not compel the council to adopt exemptions. "The exemptions are all opt in. None of these are automatic," the presenter said.

The presentation included mapping details specific to Newport: the downtown center boundary was expanded to include Gardner Park and a corridor on East Main Street; planned‑growth and village areas were also mapped and may be eligible for Tier 1B exemptions. Planners noted about 363 existing Act 250 permits lie within the city’s boundaries; if a parcel with an existing Act 250 permit falls inside a Tier 1A area the city would assume administration of that permit but existing permit conditions would remain in force.

The council did not take action at the meeting. Planners provided model resolution language for Tier 1B and told the council that any formal request for Tier 1B would be made before NVDA submits the regional plan to LURB around June 2026. Planners recommended continued coordination between the planning commission and city council before any decision to opt in.

The presentation concluded with planners offering links and contact information for follow‑up and noting training opportunities on subdivision regulations and complete streets later in the year. The council indicated it will continue the conversation with the planning commission and with NVDA staff before any formal vote.