South Burlington planners review Act 250 'tier 1a' eligibility, flag enforcement and historic-species gaps

Planning Department staff told the South Burlington Planning Commission on Aug. 12 that the city largely meets the statutory criteria to apply for Act 250 "tier 1a" status but needs to fill gaps on historic-preservation rules, protections for rare, threatened and endangered species, and enforcement capacity before filing an application. The presentation outlined the eligibility checklist in state law and next steps with regional and state agencies. The memo presented to the commission explains that tier 1a would exempt qualifying growth-area projects from state-level Act 250 review and transfer review responsibilities to the municipality for the areas that are designated. Planning staff said the city can choose which pieces of Act 250 to carry forward locally and does not have to copy the state rule-by-rule. Why it matters: Tier 1a status shifts regulatory responsibility from the state to the city inside designated centers and planned growth areas, which affects what the city must regulate and enforce and may change obligations attached to previously permitted projects. Staff said South Burlington already has many required elements — a municipal plan, zoning and subdivision rules, flood and river-corridor bylaws and areas with sewer and water — but several topics will require focused follow-up before an application is ready. Commissioners and staff discussed three topics in particular: - Historic preservation: Staff said the application must show the city has standards addressing historic resources. The memorandum recommends adding explicit language to the land development regulations (LDRs). Staff noted the city can adopt a relatively minimal approach (for example, requiring retention when a resource is National Register‑eligible) or choose a more detailed local program; the LURB (Land Use Review Board) guidance will shape how narrative arguments should be presented. - Rare, threatened and endangered species (RTEs): Staff said the city currently regulates habitat blocks and wetlands but does not yet have municipal standards explicitly addressing RTEs. Planning staff said they have scheduled a meeting with the Agency of Natural Resources (ANR) to discuss a model municipal regulation and to try to help shape statewide guidance. - Enforcement and staffing capacity: The presentation emphasized that a tier 1a application requires the city to demonstrate the capacity to administer development review, capital planning, and to enforce any continued conditions from prior Act 250 approvals. Staff said the city’s water treatment plants have capacity for additional development and that a new water tower is planned. Commissioners were told the fiscal impacts and any additional staffing needs will be evaluated as part of the city’s FY27 budget discussions. Commissioners asked whether a municipality must adopt all of Act 250’s detailed standards; staff responded it is not an all-or-nothing match and said the city can apply tier 1a only to specific areas (for example, downtown or village centers) rather than the entire municipality. Staff also explained mapping and target-setting remain subject to the regional future land‑use planning process led by the Chittenden County Regional Planning Commission (CCRPC) and the LURB’s forthcoming guidance. Staff recommended continuing the work through the fall and winter, including follow-up with CCRPC and ANR on mapping, smart-growth narrative guidance (24 VSA chapter 76A), and a possible municipal approach to RTE protections. Commissioners did not take a formal vote on an application at the meeting; staff said they will return with targeted regulatory language and a capacity analysis for council consideration. Ending: Staff said council will discuss the budget implications of taking on tier 1a responsibilities next month and that the planning department would present a recommendation about staffing and costs in the fall budget process.