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Windham Regional official briefs Londonderry Selectboard on Act 181 planning changes
Summary
Matt Bachler of the Windham Regional Commission told the Londonderry Selectboard that Act 181 will change how land-use tiers and Act 250 jurisdiction are applied, that the Commission is advisory only, and that implementation could continue through 2030 with several rules still in development.
Matt Bachler of the Windham Regional Commission briefed the Londonderry Selectboard on the effects of Act 181 on regional and local planning. Bachler told the board the Windham Regional Commission will revise its regional plan (adopted July 2025) to align with new statutory changes and that the Commission remains advisory and has no permitting authority.
Bachler outlined a three-tier system under Act 181 that shifts where Act 250 jurisdiction applies: Tier 1 is intended for growth and is exempt from Act 250; Tier 2 largely remains under the Land Use Review Board but will face a new road rule; and Tier 3 contains critical natural resources and will require additional permitting with probable exemptions for agriculture and forestry. He said Londonderry currently does not meet Tier 1A eligibility because of the lack of water and wastewater infrastructure, and noted implementation is expected to continue through 2030 with several rules still being developed. Chair Tom Cavanagh asked for clarification about misinformation circulating about the law; Bachler agreed to review materials from the Vermont League of Cities and Towns and report back to the board.
