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Commission hears Act 250 permit update for mall site and state rulemaking on river corridors
Summary
At the May 8 meeting commissioners heard that an attorney working on an Act 250 permit is preparing demolition of the mall site except Spartan Arena and Kmart; the commission was also alerted to an upcoming state rulemaking meeting about critical natural resource areas and river corridor policy.
In the brief announcements section of the May 8 meeting, commissioners reported two items of regulatory interest: a lawyer working on an Act 250 application for the former mall property has begun work on a permit to demolish most mall buildings, and the state has opened a rulemaking process related to river corridors and critical natural resource areas.
Act 250 permit for mall site
Commission members said attorney David Grasick is working on an Act 250 permit that would remove most mall structures while retaining Spartan Arena and the Kmart building; the attorney also plans some stormwater treatment work for the site. Commissioners said Grasick indicated he would be willing to brief the planning commission as his permit work progresses.
State river-corridor rulemaking
Commissioners reported the state has started a rulemaking process addressing a tiered approach to permitting in critical natural resource areas (referred to in the meeting as a "tier 3" process). The commission noted that recent federal and state disaster-funding approaches and changes to FEMA recognition of certain disasters could affect incentives that previously encouraged towns to adopt river-corridor protections. Commission members said they will consult with a regional river specialist (Kyle) to clarify the state's current stance and whether financial incentives or procedural benefits remain available to towns that adopt river-corridor ordinances.
What the commission will do next
Commissioners flagged a state public engagement meeting on May 22 (rulemaking on critical natural resource areas) and asked members to consider whether the town should request protection for additional areas not already on the town's land-use map. Commissioners said they will follow up with the river specialist to understand the state's expectations and the practical benefits of adopting a river-corridor ordinance in the current policy environment.
Ending
Commissioners said they may invite the Act 250 attorney, or the town attorney, to update the planning commission as the mall demolition permit progresses, and will watch the May 22 state engagement session for any implications for Rutland Town’s river corridor planning.
