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Land‑use draft delays rulemaking as committee seeks statutory clarity on tier‑three and road triggers
Summary
Lawmakers debated S.3.5 changes that would ask the board to recommend which Act 250 criteria should apply in tier‑three areas and to propose statutory changes; committee members sought clearer deadlines and more outreach time for rulemaking.
Committee members spent a substantial portion of the hearing on S.3.5, a broad land‑use bill that adds smart‑growth principles, clarifies regional-plan amendment processes, and creates a stakeholder-driven review of "tier‑three" natural‑resource protections and road‑jurisdiction triggers.
The bill directs the board (working with the Agency of Natural Resources and a stakeholder process) to identify critical natural resources that should be included in tier‑three and to determine which Act 250 criteria should apply, when, and under what circumstances. The draft asked the board to file proposed rules with LCAR by Dec. 31, 2027 and to provide an interim statutory-change report by Dec. 31, 2026. Several members raised scheduling concerns and recommended aligning those dates and allowing more time for legislative review and outreach so that rulemaking is not rushed.
Regional plans and non‑minor amendments: the draft adds a process for non‑minor future land‑use map amendments that includes public‑notice and hearing requirements, a 30‑day hearing timeline for the board to determine regional plan compliance, and explicit notice provisions to parties listed in 24 V.S.A. §4348(c)(1). Committee counsel noted the new amendment process touches many cross‑references and asked stakeholders to double‑check statutory edits.
Center and growth definitions: the bill adds smart‑growth principles to land‑use categories and modifies downtown/village center descriptions; members debated whether to use "walking distance" or a broader "multimodal/compact" descriptor, noting accessibility concerns for elderly and differently-abled residents. There was also discussion about whether "traditional and historic" center language should use "or" instead of "and" to avoid excluding planned new centers that lack historic fabric.
Rule timing and outreach: multiple members urged giving the board and ANR adequate time for deliberation and stakeholder outreach, with one member suggesting an interim exemption from the road rule for tier‑1B eligible areas until 2030 to allow towns time to opt in and complete mapping.
What’s next: committee counsel will reconcile cross-references and proposed language, consider adjusting dates to give the board additional time for rule development and outreach, and incorporate suggested edits (for example, clearer language on under-what-circumstances tier‑three criteria apply). Several members signaled interest in adding modest outreach funding for tier‑three implementation if the timeline is lengthened.
Quote
"It is the intent of the general assembly that these rules identify critical natural resources for protection," counsel said while reading the new tier‑three mandate.
Ending
Committee members agreed to continue work on the draft with edits to timing and outreach and to reconvene with additional technical fixes, including suggested language from stakeholders on historic center definitions and walking/multimodal access.
