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Planning Commission weighs Act 250 Tier 1A opt‑in as flood‑hazard bylaws fall short of model rules
Summary
Commissioners discussed whether Lyndon should opt into Act 250 Tier 1A/1B after staff said the town’s flood hazard bylaws do not meet DEC model regulations; no decision was made and staff will pursue clarification with NVDA and LURB before a future vote.
The Town of Lyndon Planning Commission discussed whether the town should opt into Act 250 Tier 1A or 1B after staff noted a gap between local flood‑hazard bylaws and the DEC model regulations. Holly Taylor, chair, recalled NVDA representatives’ presentation and said "the town could opt into Tier 1A for complete Act 250 exemption but is not currently compliant due to flood hazard bylaws not meeting DEC model regulations." No formal action was taken.
Planning Director Tracy Bodeo said she has spoken with NVDA staff about the possibility of partially opting in for some eligible areas and plans to meet with NVDA in the coming weeks to clarify Tier 1B qualifications. Bodeo suggested waiting until March or later to decide, citing pending questions about the town's downtown designation application and housing needs. The commission did not set a deadline and expressed concerns about how Tier 1 rules would affect river corridor and floodplain management.
