Counsel Ellen Tikowski reviews S.328 edits; committee debates 'permitted' definition, hearing waiver and sewer/water wording

Ellen Tikowski, counsel, presented a draft of proposed edits to S.328 and guided the House Committee on General and Housing through three primary changes: a proposed definition of the term “permitted,” a League of Cities and Towns proposal that would remove statutorily required public hearings for certain bylaw amendments, and a proposed definition of “area served by sewer and water” that counsel said may be inserted in multiple places in Title 10.

The definition Tikowski read for the committee stated: “permitted means a land use, structure or development explicitly allowed within a specific zoning district provided it complies with all district regulations,” and she said the drafter could consider using “development” rather than “activity.” Tikowski asked members for wording suggestions and noted the draft highlights in yellow the changes pulled from S.328.

Members focused on how the word “permitted” should be framed in statutory text. One committee member argued that the practical distinction is between ministerial and discretionary review, and urged language that would make clear permitted uses are “subject only to ministerial review” rather than subject to discretionary decision. As the member put it, “a permitted use is ministerial — the only review left is a check‑off list; it’s not like the building department is, ‘Oh, I like it, Oh, I don’t.’” Committee members suggested alternatives such as “authorized” and recommended the draft explicitly limit discretionary review if that is the intent.

The committee then discussed a League of Cities and Towns amendment proposing that, for bylaw amendments necessary to conform to changes in the Home Act, no hearings be required. Counsel recalled that a similar provision was considered last year and then removed in the Senate; she noted that while some bylaw updates can be implemented automatically, other updates require discretionary determinations by a planning commission or legislative body and may not be appropriate to make automatic without any hearing. Committee members expressed a preference for local discretion — that removing the hearing requirement should not preclude a municipality from choosing to hold a hearing — but flagged the need to preserve processes where discretion is required.

Members and counsel discussed where the language should be placed in the bill. Tikowski said the new text could be added as a new section (she recommended section 9) and that cross‑references to other sections of the bill or Title 10 might be necessary. The committee agreed counsel would transmit the sections that fall under another panel’s jurisdiction and any committee comments to the chair of the Environment Committee for further consideration.

Tikowski also raised the League’s framing of a definition for “area served by sewer and water,” noting that the League appears to propose changes across several sections of Title 10. She cautioned that adopting a single statutory definition and using it in Act 250’s interim housing exemptions could change which areas qualify for that exemption, because the various statutory references do not necessarily align today.

The committee confirmed minor typographical edits (noted on page seven and a reference in section eight concerning the community investment program) and Tikowski said she would include those in the transmitted draft. The meeting recessed for a five‑minute break at 3:00 p.m. with the committee set to transmit contested sections to the Environment Committee for follow‑up.

The committee did not take a formal vote on S.328 during this session; members framed the discussion as drafting guidance and an intercommittee transmission rather than a final disposition.