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Staff presents model ordinance to implement "Tier 1" protections for rare, threatened and endangered species
Summary
City planning staff presented a model municipal ordinance to implement "Tier 1a" protections that mirror state Act 250/Act 181 thresholds (50 units / 10 acres) and add 'rare' species to local review triggers; ANR review would be built into the process and the city could apply for Tier 1 status once regional maps are approved.
Staff presented a model ordinance that would require municipal review for developments that meet Tier 1a thresholds and would route applications that hit those thresholds to the Agency of Natural Resources (ANR) for technical comment. Kelsey, a staff member, said the model "is our opinion that it is effective for South Burlington" and that it largely mirrors state statute while building municipal-level procedures.
The model seeks to preserve protections that could otherwise be lost after a state executive order reverted energy codes to 2020 editions and to align local rules with recent legislative changes that add “rare” species to the list of protected types. Kelsey explained, "So the tier 1 areas are the areas that would be, based on the future land use map, the areas where housing development in particular is to be encouraged." The draft follows state-set numerical triggers—generally 50 housing units or development on 10 acres—to determine when an ANR review would be required.
Commissioners asked for clarification on how ANR mapping and citizen-submitted sightings interact with municipal review. Staff explained that ANR’s mapping is based on reported sightings and remote sensing and that municipalities can require independent consultant studies or additional information as part of their application review. The DRB (development review board) already retains the authority to require technical studies, and the model ordinance builds explicit opportunities for ANR to comment without requiring them to respond to every submission.
Staff said the city cannot apply for Tier 1a status until the regional future land use map and plan are approved; that approval is expected around July, and the city aims to have regulations adopted by July so it could apply for Tier 1a in July or August. No formal vote was taken on the model ordinance; commissioners were asked for initial reactions and to identify any items that "jump off the page."
