Essex Junction opts in to Act 250 Tier 1B mapping for downtown and planned growth area; council asks CCRPC to seek approval

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Summary

The Essex Junction City Council voted Wednesday to ask regional planners to map the city’s downtown center and planned growth area as Act 250 Tier 1B areas, a limited opt-in that exempts projects of up to 50 housing units from Act 250 review.

The Essex Junction City Council on Wednesday passed a resolution asking the Chittenden County Regional Planning Commission (CCRPC) to pursue Land Use Review Board approval to map the city’s downtown center and planned growth area as Act 250 Tier 1B areas, a limited opt-in that exempts housing projects of up to 50 units from Act 250 permitting requirements.

Taylor Newton, planning program director at CCRPC, briefed councilors on the regional future land use map and explained the distinctions among designations. He said downtown center and planned growth area designations make those geographies eligible for Tier 1B exemptions; the state’s center and neighborhood designation programs would supersede the city’s former village center construct and extend benefits, but Tier 1A — the broader exemption that requires regional-plan approval by the Land Use Review Board — will not be available until after the CCRPC regional plan is approved by that board (projected June–July 2026). “Tier 1B is simply an opt in, passing a resolution as a city council to let the regional planning commission know that you’d like to opt in,” Newton said.

The CCRPC staff shared a proposed regional map that expands the downtown center geography beyond the previous village center but does not fully incorporate areas west along Pearl Street that local staff and the council’s transit-oriented-development (TOD) work group view as candidate expansion areas. Newton explained the CCRPC’s cautious approach: because the city’s own future land-use map and city plan have not yet incorporated the TOD master plan recommendations in full, expanding the center now would invite additional scrutiny from the Land Use Review Board; CCRPC staff recommended leaving some areas as planned growth area and amending the regional map later after the city updates its plan. “Our reasoning is that the TOD master plan hasn’t been incorporated yet into the city plan,” Newton said.

Council discussion reflected that caution and the desire for flexibility. Planning Commission member Diane Clemens noted that the planning commission had reviewed the CCRPC map and had suggested that, except for conserved green spaces, the municipal areas had been mapped as planned growth area; she emphasized the city’s upcoming comprehensive-plan work to be completed before the regional plan amendment cycle in 2028. City staff member Chris and CCRPC staff said the regional plan will be revisited in 2028 when related regional planning documents expire, opening another opportunity to align local and regional maps.

Councilor Marcus moved the municipal resolution to request CCRPC action; the council adopted the motion on a voice vote with “ayes” recorded and no roll-call opposition noted. Regina (council member) clarified the minimal near-term differences in state benefits between Tier 1A and Tier 1B for the city and framed the motion as a practical step that preserves the council’s ability to pursue center expansions after local plan amendments.

The adopted municipal resolution asks CCRPC to seek the Land Use Review Board’s approval to treat the downtown center and planned growth area as Tier 1B Act 250 mapped areas. Councilors and staff said the approach leaves room for the city to request map amendments in future cycles after the municipal comprehensive plan and the TOD master plan are incorporated into local policy.