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Officials outline timeline for Act 127 "tiers" maps; regional plans due end of 2026
Summary
Staff outlined how Act 127—s tiered mapping will be implemented: regional planning commissions must finish updated maps by Dec. 30, 2026; tier 1b designations will follow those maps and towns can apply afterward for tier 1a status.
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The committee heard a technical briefing on implementing the Act 127 changes to Act 2 50 jurisdiction, a multi-tiered approach that will define where developments need state-level review and where towns may assume local review.
Ellen of the Office of Legislative Council explained the four-tier framework being prepared by the Land Use Review Board (LURB) and regional planning commissions. "Tier 3 is critical natural resource areas," Ellen said, listing wetlands, alluvial erosion areas, river corridors, headwater streams and steep slopes as the kinds of features that may be designated for additional Act 2 50 jurisdiction. "Tier 2 is defined as anywhere that is not tier 1 or tier 3," she added.
Ellen said the implementation sequence depends on updated regional plans and maps. Regional planning commissions are required to update plans and maps using consistent terms and submit them to the Land Use Review Board; those regional plans and maps must be finished by Dec. 30, 2026. Once regional maps are submitted, tier 1b areas (areas eligible for an exemption for housing up to 50 units per project in a village-center context) will be designated; municipalities may then apply for tier 1a status, which grants broader local permitting responsibility in areas with specified zoning and infrastructure.
The committee discussed interim exemptions that remain in place through 2027 and how the transition may create overlapping authorities: Ellen said the interim exemptions for designated downtowns, village centers and other designated areas would expire in early-to-mid 2027 (committee heard either Jan. 1 or July 1, 2027 as possible target dates during the briefing). She noted that many existing village-center designations will not qualify for tier 1a without appropriate zoning, and that village-center exemptions include a one-quarter-mile buffer for an interim housing exemption.
Committee members asked for timelines and clarifications about how the tiers interact with the interim exemptions and with existing case law on "existing settlements" and strip development. Ellen said regional plan work is underway and most regional planning commissions expect to meet the December 2026 deadline, with tier 1b designations starting after those maps are filed and tier 1a municipal applications following thereafter. The briefing did not change statutory language; it described implementation steps and deadlines for the new mapping process.
No committee vote occurred during the briefing; members asked staff to track timelines and return with questions as regional plans and LURB rulemaking proceed.

