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Brandon planning commission backs opting into statetier 1B Act 250 exemption for small housing projects
Summary
At a special meeting the Brandon Planning Commission heard a presentation from the Rutland Regional Planning Commission on Act 181 and the draft regional land-use map, discussed proposed downtown and Forestdale boundaries, and voted to recommend that the select board opt into tier 1B (an Act 250 exemption for housing developments of 50 units or fewer on 10 acres or less).
Members of the Brandon Planning Commission voted at a special meeting to recommend that the town's select board opt into tier 1B under Act 181, a state law that creates location-based adjustments to Act 250 review.
The recommendation followed a presentation by Logan Solomon of the Rutland Regional Planning Commission, who summarized the draft regional future land-use map and the implications of the June 2024 law. Solomon told the commission that "there would be an Act 250 exemption in these four categories ' for a housing development of 50 units or fewer on 10 acres of land or less," and explained that the town must decide whether to opt in to realize those exemptions.
Why it matters: Opting into tier 1B would mean certain small, local housing projects in designated areas'downtown, plan growth areas, village centers and village areas'would not need a separate Act 250 permit and would proceed under local permitting. Solomon said that tier 1B applications are handled through the regional planning commission process and that the RPC will support municipalities completing the decision form.
The draft map shown to Brandon expands the town's downtown boundary slightly to include the full U.S. post office and extends the downtown area up Union Street to encompass the Union Street Grocery. Solomon said Forestdale appears eligible for a step-one village designation based on historic structures and would be eligible for placemaking grants, tax-credit eligibility for facade and fire-code improvements, and priority for some state housing funds. He added that plan growth and village areas would receive prioritized consideration for state affordable housing programs and that state wastewater permit fees for qualifying residential developments would be capped at $50.
Commissioners asked detailed questions about data and criteria used to draw boundaries. Solomon said plan growth areas were based on sewer-service data (excluding state-mapped river corridors and flood hazards) and asked the commission to provide documented requests if they believe parcel boundaries or service assumptions should change. He also said draft definitions for "significant regional impact" and other guidance would be posted and that the full plan draft would be available on the RPC website around early June.
A vote and next steps: After discussion, a planning commission member moved, "I would move to approve or opt in for 1B," the motion was seconded and approved by voice vote; the commission recorded all votes in favor. The commission asked staff to prepare parcel-level maps and a one-page memo to present to the select board. Solomon asked for formal revision requests within roughly three weeks and noted the decision form for tier 1B is expected to be due around July 1.
What it does not do: Solomon cautioned that tier 1B is limited in scope to small housing projects within the four designated categories; larger or different types of development would still be subject to Act 250. He also said tier 1A (a broader exemption) has a higher eligibility bar and is reviewed by the Vermont State Land Use Review Board.
The RPC will post the draft map, the slide handout and a web map with parcel layers at rutlandrpc.org/plan2026; the planning commission plans to brief the select board at an upcoming meeting and provide a recommendation and supporting materials for the select board's consideration.
