Rutland RPC: about 10 towns likely to opt into Tier 1b; Rutland City to pursue Tier 1a
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Rutland Regional Planning Commission told senators it expects roughly 10 communities to opt into Tier 1b while Rutland City plans to bypass 1b and pursue Tier 1a to retain stronger interim Act 250 exemptions; several very small towns are likely to opt out due to capacity and physical constraints.
Devin Neary of the Rutland Regional Planning Commission told the joint Senate committees that his region expects around 10 communities to opt into Tier 1b under the current draft maps, but that several smaller towns appear likely to opt out.
“...we expect 10 communities to opt in,” Neary said, listing Brandon, Castleton, Fairhaven, Killington, Poultney, Pittsford, Proctor, Wallingford and West Rutland among those expected to participate. He said these communities generally have water and wastewater capacity and have been prepared by RPC outreach.
Neary said Rutland City is likely to forgo Tier 1b in order to pursue Tier 1a because the interim Act 250 exemptions available during a Tier 1a application are, in some cases, more advantageous than the Tier 1b exemptions.
Smaller towns including Benson, Mendon and Shrewsbury were cited as likely opt‑outs, in part because their eligible areas are geographically small—often a corridor along a state route or constrained by rivers and terrain—and because local administrative capacity is limited.
Neary described a robust, multi‑phase community engagement program in his RPC: nearly 100 meetings with municipalities tied to a three‑year plan update that allowed the RPC to integrate Act 181 mapping with its broader planning work. He and other witnesses said the result was broad municipal participation, but that LERB feedback between pre‑application and public hearing drafts has reduced eligible areas in some towns.
Senators asked for examples and urged regional planners and municipal officials to submit draft language for statutory fixes. No formal votes were taken.
