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Regional planner outlines 'tier 1B' option to ease Act 250 review for downtown housing
Summary
Seth Jensen of the Lamal County Planning Commission told the Select Board Morristown could opt into a 'tier 1B' designation that raises the Act 250 review threshold for limited mapped downtown/village areas, potentially simplifying small‑to‑medium housing projects while keeping state technical permits in place.
Seth Jensen, deputy director of the Lamal County Planning Commission, told the Morristown Select Board on Dec. 15 that the town is eligible to pursue a tier 1B area designation under recent Act 250 reform. Jensen said tier 1B raises the threshold at which Act 250 review is required for developments that include a housing element — for example, changing some projects that previously triggered Act 250 review so they would instead be handled through local review in the designated area.
Jensen stressed tier 1B is an opt‑in decision for the select board and limited to mapped portions of the town — principally the downtown and village center areas identified in the regional plan. He emphasized the designation does not exempt projects from state technical permits (stormwater, wastewater, ANR approvals or highway access) and does not replace local zoning, subdivision rules or design review. Jensen also noted that tier 1A (a broader Act 250 exemption) is not available under current statute for Morristown without zoning changes and other requirements.
Board members and residents pressed Jensen on map boundaries, the village trustees’ role and the likely pros and cons: proponents said tier 1B can reduce costs and delays that discourage small and medium builders, while critics flagged the potential for less state oversight of water quality, floodplain and traffic impacts. Jensen explained the regional plan must include the tier designation and the Land Use Review Board reviews it at the state level; LCPC’s preliminary submission is scheduled with a final regional submission in May, and the select board could ask LCPC to include a placeholder now to allow more local review.
The board agreed to continue education and hold a joint session with the planning commission before taking formal action. Jensen offered to work with staff on narrower or partial area selections if the board prefers not to include the whole mapped growth area.
