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CCRPC PAC notes LURB Tier 3 rulemaking and sets March 18, 2026 Tier 1B opt-in deadline

Chittenden County Regional Planning Commission Planning Advisory Committee · April 1, 2026

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Summary

CCRPC staff announced Land Use Review Board (LURB) Tier 3 rulemaking and asked for feedback on critical-resource mapping, encouraged attendance at a Dec. 1 LURB public meeting, and set a firm Tier 1B opt-in deadline of March 18, 2026 to publish opt-ins before the RPC’s second public hearing on the 2026 ECOS Plan.

At the Nov. 12 meeting staff briefed the PAC on several process items important to municipal planning timelines. Taylor Newton asked municipalities to email information about regional Act 250 and Section 248 projects on the horizon and summarized Land Use Review Board (LURB) Tier 3 rulemaking, which would identify critical natural-resource areas that could increase Act 250 jurisdiction. Newton said LURB’s approach differs from other Act 250 jurisdiction tests because jurisdiction would be based on the portion of a parcel containing a resource rather than the entire parcel.

Newton noted the LURB Public Meeting will be Dec. 1 at CCRPC’s offices (remote participation encouraged) and requested municipal staff participate or provide feedback. He also announced that CCRPC has set a firm Tier 1B opt-in deadline of March 18, 2026 — the date CCRPC will warn its second public hearing on the 2026 ECOS Plan — because the LURB is treating Tier 1B opt-ins as part of the regional plan-approval process and staff want to provide a transparent, publishable list of opt-ins by the second RPC hearing.

PAC members asked whether municipal staff should be available to answer LURB questions during the public meeting; staff said they will likely follow the LURB’s lead and that the LURB is asking for shorter meetings and virtual attendance due to room constraints.

Why this matters: the Tier 1B opt-in deadline and Tier 3 rulemaking affect municipal plan decisions and which portions of parcels could be subject to expanded Act 250 jurisdiction; municipalities should review the draft Tier 3 map and submit feedback to the LURB by the end of November.