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Planning staff outlines Tier 1A (Act 250) pathway and timeline for South Burlington

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Summary

City planning staff told the commission they will prepare materials this summer to support an application for Act 250 Tier 1A (full exemption) for planned growth areas; the application window is expected to open next July and any workload/budget impacts would fall in FY27.

Planning staff gave an informational briefing on the state’s Act 250 Tier 1A pathway and what pursuing the designation would mean for South Burlington.

Paul, planning staff, told commissioners that Tier 1A requires municipalities to demonstrate permanent bylaws, an adopted municipal plan with defined growth areas, flood and river corridor bylaws, and regulations that further state smart‑growth principles. He said South Burlington already meets many baseline requirements and that staff will do a side‑by‑side comparison of the city’s existing regulations against the board’s checklist.

“The window for applying for 1A is anticipated to open next July,” Paul said, adding that the municipality would not submit until after the regional plan process is complete. Staff estimated any additional staffing or budget impacts would show up in fiscal year 2027 and promised to provide the City Council with an estimate well before that budget year.

Paul said the city’s water and wastewater capacity is in a good position for an application (noting the water tank currently under construction) and that staff will examine two specific areas that often need attention in other communities: formal historic‑compatibility standards and handling of rare, threatened and endangered species. He said the state offers guidance and that the city could point to state maps and require project‑level reports rather than drafting lengthy new local technical standards.

Commissioners asked for a follow‑up that lays out which Tier 1A criteria the city already meets, which require minor revisions and which would require more work. Staff agreed to do that analysis over the summer so council and the public can assess resource implications before an application is submitted.