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Staff outlines what Act 250 ‘tier 1a’ would mean for local reviews and staffing

South Burlington Planning Commission · October 29, 2025
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Summary

Planning staff briefed the commission on Act 250 tier 1a, explaining that some projects that would have gone to Act 250 would instead be reviewed locally, that the DRB will inherit responsibility to incorporate or retire prior Act 250 conditions, and that modest staffing and fee changes are planned to manage the work.

Planning staff presented an overview of Act 250 tier 1a and what it would require if the city pursues designation: projects that would otherwise have gone to Act 250 in designated areas would be handled locally, and the city must assume administration and enforcement of many prior Act 250 permit conditions.

A staff member summarized the mechanics: “When that takes place, new projects that would have gone to Act 2 50 no longer go to Act 2 50. In addition to that… the city is also taking on responsibility to basically, manage the existing conditions that an Act 2 50 permit has placed on a property.” Staff said the DRB would incorporate existing Act 250 conditions into local decisions or determine when prior conditions are no longer relevant. The commission discussed notification to adjacent landowners, the need to scan and catalogue prior permits, and the Land Use Review Board’s ongoing development of guidance for periodic review and renewal of tier 1a status.

Staff noted budget and staffing implications: the planning department proposed converting a part‑time position to full time to support administration and enforcement, and is exploring modest fee adjustments to recapture some applicant savings associated with avoiding Act 250 application fees. Staff emphasized they are coordinating with the state Land Use Review Board and district commission staff to classify prior permit conditions into manageable categories.