Rutland RPC readies for Land Use Review Board scrutiny of Tier 3 mapping; public sessions, comments expected

Rutland Regional Planning Commission staff said Oct. 14 they will host a Land Use Review Board (LURB) public engagement session on the draft Tier 3 rules and mapping and are preparing for focused scrutiny of the regional plan’s Tier 3 overlay for critical natural resource areas.

The RPC will host one of four LURB engagement sessions on the Tier 3 draft rules (the session at the RPC office is scheduled for Oct. 22, hybrid). Staff said the session will include a half‑hour for RPC presentation, a half‑hour of LURB member questions, a half‑hour for state agency partners and a half‑hour for public questions; a Teams link is available.

Why it matters Tier 3 mapping will overlay the regional plan and can affect how towns qualify for Act 250 review and other land‑use outcomes. Committee members and staff told the meeting they must balance town expectations from local engagement with the LURB’s statutory checkpoints. Staff said they intend to be responsive to LURB comments but also to press for interpretations that preserve locally built plan policy when possible.

What staff reported - Schedule and hearings: Staff invited commissioners and municipal representatives to the Oct. 22 hybrid LURB session and said the RPC’s pre‑application hearing day includes two blocks (noon–4 p.m. and 4–6 p.m.). Staff expect to receive formal comments back in mid‑November. - Map and plan strategy: "We will not submit a map and a plan that we know the LURB won't approve. That just seems like a fool's errand," a staff member said, noting the need to reconcile town expectations with LURB standards. Staff said the map implements plan policies and urged reviewers to consider the plan holistically rather than focusing solely on the mapped overlay. - Agency input and potential legislative fix: Staff said they had already received preliminary comments from state agency partners, primarily the Department of Housing and Community Development. If multiple RPCs encounter similar interpretive issues, staff discussed the option of pursuing a legislative correction through VAPTA and legislative channels, though timing would be tight because plan adoption precedes typical bill-signing schedules. - Related engagements: Staff noted a Virta Reimagining Rural Capacity summit on Nov. 13 at VTSU Randolph as a follow-up to earlier public engagement and said the summit’s findings will feed into the RPC report due at year end.

Next steps Staff will compile LURB comments, return to the commission in mid‑November to discuss edits before the first public hearing, and coordinate with towns on contested mapping decisions. Staff said they will consult Janet, the LURB chair, for clarification when comments appear ambiguous.