Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Act 181 Implementation topic
No spam. Unsubscribe anytime.
Municipal group urges changes to Act 181 implementation, citing mapping and road‑rule risks to housing goals
Summary
VLCT warned that current draft maps and the road rule under Act 181 could restrict where housing is buildable, recommended extending existing exemptions, delaying the road rule/tier‑3 implementation, and removing a requirement that municipalities enforce older Act 250 permit conditions in tier 1a areas.
Samantha Sheehan of the Vermont League of Cities and Towns told the General & Housing Committee on Jan. 7 that while the Land Use Review Board has been diligent meeting Act 181 deadlines, elements of the draft implementation—regional future‑land‑use maps, the tier 3 resource mapping, and the road rule—risk undermining state and local housing targets.
Sheehan said only a small share of the state’s land is likely to be mapped as eligible for tier 1 exemptions under the current drafts: “the current estimate for future tier 1 areas… is likely gonna be less than 12 municipalities total,” and the total eligible area for tiers 1a/1b is “currently estimated below… 2 to 2 and a half percent of total land area of the state.” VLCT warned that if only those small areas are exempt, many towns will not be able to meet housing goals.
VLCT identified three principal concerns and recommendations: remove the rule that would require municipalities to enforce legacy Act 250 permits in tier 1a areas (a requirement VLCT said discourages towns from seeking tier 1a status); delay the road rule and tier 3 implementation to allow clearer guidance and local preparation; and extend temporary Act 250 exemptions that have helped housing production.
On the road rule, VLCT highlighted operational uncertainty: the statute creates an 800‑foot buffer triggering Act 250 jurisdiction near roads, but planners and committee members asked whether that 800 feet is measured as linear distance from the road or as roadway length where slope and driveway geometry could change applicability. VLCT urged the LERB to issue detailed guidance before the road rule becomes effective.
Sheehan also described the draft tier 3 resource mapping—habitat connectors, headwaters and rare natural communities—which could bring stretch areas near existing roads into Act 250 jurisdiction. VLCT argued this creates a contradictory incentive: the road rule encourages growth along roads but tier 3 mapping may then trigger Act 250 reviews for those same roadside areas.
VLCT recommended statutory or rule changes this session to avoid unintended restriction of housing options and to allow municipalities time to adjust implementation details. The committee recessed for a break and scheduled further witnesses later in the morning.
