Josh Hanford, director of intergovernmental relations for the Vermont League of Cities and Towns, told a legislative committee on Jan. 14 that the league supports local authority in most of the state but is urging caution around implementation of Act 181 because the law creates location-based Act 250 jurisdiction that could change where municipalities wield land-use control.

Hanford said VLCT represents all 251 Vermont municipalities and that many are small and volunteer-run; he and Samantha Stian, VLCT municipal policy and advocacy specialist, emphasized that the draft mapping process identifying Future Land Use (FLU) areas and the tiers under Act 181 could leave as little as 0.5 percent and as much as about 11 percent of county land eligible for a tier 1 designation, and that statewide eligible area is currently estimated below 3 percent.

"Act 181 creates a location based jurisdiction of Act 250," Stian said, explaining that the law changes how Act 250 triggers and exemptions are applied. She added that the current draft rules keep agriculture and logging fully exempt from Act 250 review, but that municipalities that secure tier 1a status would gain authority to enforce existing Act 250 permits locally.

Why it matters: VLCT warned the committee that in dense downtowns with water and sewer — places the league calls likely candidates for tier 1a — the mix of housing, commerce and agricultural activity can create conflicts that municipal codes are intended to manage, but that the path to tier 1a is lengthy and complex and could impose costs on small farmers if not handled carefully.

Committee members pressed VLCT on practical effects. Senator Russ Singles, the chair, said the committee is "protectors of all agriculture, all farmers," and raised concerns that permitting costs and new reviews could be prohibitive for small entrepreneurs. "That $300 permit ... might never give that person a chance to get this thing off the ground," Singles said, reflecting worry that fees and Act 250 review could burden start-ups.

VLCT proposed two primary steps: (1) slow implementation of Act 181/Act 250 mapping and the road rule (which triggers review for development 800 feet or more from a road and is slated to take effect July 1); and (2) preserve strong notice, public-comment and appeal processes in the regional planning and Land Use Review Board (LURB) review so property owners can correct mapping errors. Hanford described the statutory and administrative sequence: RPC maps, a 60-day pre-application period, LURB minimum 75-day review, municipal hearings and repeated public-comment and objection opportunities before final adoption.

VLCT also warned of a practical mismatch if a municipality attains tier 1a: the town would inherit enforcement of existing Act 250 permits, some of which implement older state standards that may conflict with newly adopted local rules. "Those Act 250 permits have old authorities and old regulations that may be opposite to the ones they currently have adopted," Hanford said, and the league said that unresolved mismatches could discourage municipalities from seeking the exemption or could create legal and administrative friction.

On the maps themselves, committee members questioned parcel-data accuracy and who bears the cost to dispute a mistaken designation. VLCT acknowledged the maps are produced by regional planning commissions and said local review is valuable; it also noted the onus often falls on property owners to request corrections and that appeals can be time-consuming and expensive.

VLCT offered targeted clarifications and resources, including links to the three draft regional maps (Chittenden, Northwest and Rutland were provided in materials) and materials on the statutory requirements for tier status. The presenters said they plan to share the same message with the House Agriculture committee next week and offered to meet individually with municipalities and committee members.

The committee did not take any formal votes. The hearing concluded with thanks to the presenters and an offer from VLCT to return and provide additional, town-level briefings.