Regional planners brief Winooski on Act 181, future land use map and 2050 housing targets

Winooski city planners and members of the Affordable Housing Committee and Planning Commission heard a presentation May 8 from staff of the Chittenden County Regional Planning Commission (CCRPC) explaining how the states Act 181 will change Act 250 review, how a new regional future land use map will be applied in the city, and what regional housing targets for 2050 mean for municipal planning.

The presentation was led by Sarah, a planner with the Chittenden County Regional Planning Commission, and Kate McCarthy, CCRPC. "The goal tonight ... is to briefly review Act 181," Sarah said, describing the law as the Legislatures approach to addressing the housing shortage by aligning local, regional and state planning and directing public investment to areas planned for growth.

The nut graf: Act 181 changes how Act 250 environmental review is applied in much of Vermont by shifting from size- and threshold-based triggers to location-based mapping. Municipalities can opt in to receive exemptions for certain areas designated as planned growth or center areas; the shift changes which projects must undergo Act 250 review and which may be eligible for designation benefits and state investment.

Key points from the CCRPC presentation

- What changes: CCRPC staff said Act 181 replaces the previous designation program and requires regional future land use maps built from 11 statute-defined categories. Historically Act 250 was triggered by thresholds (for example, developments larger than nine units or nine acres). Under the new approach, many triggers will instead be location-based and tied to the CCRPCs regional map and the state Land Use Review Board.

- Tier exemptions: CCRPC described a tiered exemption framework. Areas CCRPC identified as eligible for "tier 1b" would allow exemptions from Act 250 for housing projects smaller than 50 units, provided a municipality opts in. "Tier 1a" status would extend exemptions to developments of any size but involves direct review by the Land Use Review Board. CCRPC staff emphasized that interim Act 250 exemptions are in place now but will be replaced once regional maps are adopted.

- What the map does: CCRPC staff showed a draft Winooski future land use map and said much of the city is mapped as planned growth or center areas (the "pink/purple" categories on the map). Those mapped center and planned-growth areas would automatically be eligible for certain designation benefits and for the tiered Act 250 exemptions if the municipality opts in.

- Limits remain: Speakers noted that exemptions do not replace local zoning or state permits. CCRPC staff said projects still must comply with municipal zoning and obtain required state permits for wetlands, stormwater and wastewater.

Housing targets and distribution method

CCRPC staff described the statewide housing needs assessment and the Legislatures direction that regional planning commissions disaggregate regional housing targets by municipality. For Chittenden County, staff gave a countywide 2050 range of 15,783 to 47,407 new housing units and said the commission is using a middle target for most planning work. The commissions distribution methodology assigns 60% of the regional target to the countys four cities (allocated by land area), about 3.8% to rural towns and the remainder to mixed urban-rural towns; municipal allocations are weighted by planned growth areas on the new map.

CCRPC staff said the targets will be included in municipal plans and should prompt local discussion about what infrastructure and investments are necessary to enable the housing. Staff emphasized there is currently no enforcement mechanism that compels municipalities to meet the targets, but the targets are intended to spur planning and investment decisions.

Concerns and clarifications raised by Winooski participants

City council and commission members pressed CCRPC staff on several local concerns: whether mapped categories would change the citys zoning, how the tier 1b opt-in process would work, and whether the state would adopt the CCRPCs rural conservation (dark green) mapping as restrictive tier 3 areas. Sarah said the Land Use Review Board will make the final determinations about tier 3 areas and the regional green layer is broader than the states expected approach.

Participants repeatedly raised infrastructure and services questions. Brynn (housing commission) and others asked whether planners were considering impacts on regional dispatch, police, fire, schools, sewer and stormwater and child care capacity; CCRPC staff said those issues are part of the conversations the targets are meant to prompt. Councilor Bill Gates noted concern about the scale of the middle and high targets relative to local infrastructure and land availability.

Project costs and development incentives

Speakers discussed the practical effect of exemptions on development economics. CCRPC staff said the Act 250 permit process can be costly and cited an example of a $120,000 Act 250 permit fee for a 48-unit project in Bolton. CCRPC staff also summarized permit outcomes over the last decade in their jurisdictional orders and Act 250 permits: eight exempted projects (6 carried out) totaling about 137 units with 92 units in progress, and six Act 250 projects (5 carried out) totaling about 71 units with 83 in progress. Staff said developers have reported that reducing Act 250 costs and uncertainty can make some parcels viable for housing that otherwise would not be pursued.

Local mapping questions

Winooski participants asked about specific map features, including a lighter-colored parcel near the old St. Stephens church parking lot and whether industrial areas shown as planned growth could be returned to industrial mapping. CCRPC staff said the draft map reflects existing local land-use designations and zoning and that changing a designation to planned growth would make an area eligible for designation benefits and the Act 250 exemptions but would not itself change zoning.

Next steps

CCRPC staff said they will return to the Winooski Planning Commission in May to discuss tier 1b in greater detail and that any municipal decision to opt in for tier 1b would be a separate council action to be communicated to CCRPC for mapping. Staff provided links to the state housing needs assessment and CCRPC web pages for public comment.

Votes at a glance

- Motion to approve minutes from the prior joint meeting: moved and seconded; voice vote with ayes and at least one abstention; outcome: approved.

- Motion to adjourn: moved and seconded; outcome: approved.

Ending

The CCRPC presentation closed with staff offering to accept further comments through CCRPC web pages and to return to the Winooski Planning Commission in May for a targeted discussion of tier 1b and the draft future land use map. The planning commission meeting to continue the map discussion was scheduled for May 8 and the next housing commission meeting for May 27.