Witness urges review of Act 181 implementation, warns Tier 3 rules could harm rural homeowners

Monroe Weinberger told the Committee on General & Housing that while Act 181 has produced a new statewide future land‑use map and consensus about where additional homes are needed, there are important implementation issues the legislature should review.

Weinberger said some regional planning commissions are further along than others in producing maps and noted a specific example out of Chittenden County: "I believe there are 19 tier 1 eligible areas. Seven communities are at this point not opting in," he said, using the Chittenden numbers as the clearest data he had available.

He warned that late additions to Act 181 create ambiguity about enforcement responsibilities. "The late addition to legislation that tier 1A areas are responsible for the enforcement of existing Act 250 permits is causing some real heartburn," Weinberger said, adding that it is unclear what would be expected of municipalities and how enforcement would be implemented.

Weinberger also expressed concern about Tier 3: he said new requirements for active use in Tier 3 areas could make it difficult for existing rural homeowners to expand homes or address septic issues, which could lead to an erosion of rural housing stock if left unaddressed.

On opt‑in versus opt‑out architecture, Weinberger said the choice design matters and could change municipal behavior, but he said he could not predict how large the effect would be.

He recommended the legislature reopen implementation questions this session and said Let's Move Homes supports the rural caucus bill that would extend notice and implementation timelines for Tier 3. No formal vote or committee directive occurred during the hearing.