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Senate panel debates narrowing who can appeal municipal permits, defers broader rewrite to study group
Summary
The Senate Economic Development, Housing & General Affairs committee reviewed draft changes that would use Act 250's "person aggrieved" standard for municipal permit appeals, heard legal testimony warning the change could increase litigation, and agreed to rely on a Land Use Review Board study for a comprehensive rewrite.
The Senate Economic Development, Housing & General Affairs committee on Labor Day reviewed draft 1.1 of proposed changes to who may appeal municipal permit decisions, considering a shift from the existing "interested person" test to the Act 250/ANR "person aggrieved" standard.
The proposed draft, presented by Ellen, legislative counsel, would amend the municipal appeals language to say an appellant must allege "an injury to a particularized interest protected by" the statutes that govern land-use goals (referenced in the draft as 24 V.S.A. §4302(c)). Ellen told the committee she added cross-references and narrowed the scope to address ambiguity about what counts as a protected interest under chapter 117.
The proposal would also limit use of the longstanding five-category "interested person" definition for certain municipal permit appeals, and the draft offers options: remove the…
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