As discussed in our previous post, we are tracking the Vermont Legislature’s overhaul of Act 250 (10 V.S.A. Chapter 151), Vermont’s five decades-old land use law.
Last Friday, the House Committee on Natural Resources, Fish and Wildlife revised H. 926 by removing the proposed amendments related to the Natural Resources Board’s composition and scope of authority, as well as amendments related to the Environmental Division’s role in the appeal process.
Specifically, all proposed amendments to the following sections were removed: 10 V.S.A. §6021 (Board; Vacancy, Removal), § 6083 (Applications), § 6085 (Hearings; Party Status), § 6089 (Appeals), § 8501 (Purpose), § 8503 (Applicability), § 8504 (Appeals to the Environmental Division), and 4 V.S.A. § 34 (Jurisdiction; Environmental Division). In addition, proposed new sections 10 V.S.A. § 6084a (Permit Hearings) and § 6094 (Assessment of Costs) were removed. Finally, certain amendments to other sections were removed while other amendments within those sections remain.
The increase in Act 250 permit fees was removed as well, which is in line with the three revisions to the bill proposed by the House Committee on Ways and Means issued last Friday, February 21, 2020.
The bill was reviewed in the House Committee on Appropriations on Monday, February 24th and is scheduled for an amendment discussion in the House Committee on Natural Resources, Fish and Wildlife at 1:00 p.m. on Tuesday, February 25, 2020.
Below is a short summary of key provisions of H. 926 as of February 21st, after revision by the House Committee on Natural Resources, Fish and Wildlife:
Permitting and Appeal Processes and Oversight Bodies
Construction of the Board and the Commission
The Board’s composition would remain five part-time members with Board alternates, and District Commissioners will not step in for Board members where Board members are not able to serve.
Board and Commission Jurisdiction
The authority previously transferred from the District Commission to the Board would stay with the District Commission and appeals of those decisions would not go to the Supreme Court but remain with the Environmental Division.
The Board would have new authority to: (i) hear appeals of determinations by regional planning commissions regarding municipal bylaws pursuant to Act 250 and Downtown Development Boards designating a downtown development district or other area designated for growth; and (ii) approve statutorily required regional plans.
Procedures for Permitting
The revised bill removes the proposed requirement that hearings for major applications take place in the municipality where the project was to be located and provisions ensuring that the public can and may safely attend the hearings. Additionally, hearings would continue to being conducted by the District Commissions alone rather than by the Board (with two District Commission members) as previously proposed.
Release from Act 250 Jurisdiction
The new revisions would allow the District Commission and not the Board to release land that is subject to a previous Act 250 permit from continuing Act 250 jurisdiction subject to certain conditions.
If you have questions about the proposed amendments to Act 250 or you are working on a project that may be subject to Act 250, please contact any of the attorneys in our Environmental Practice, including Zoë Sajor, Vic Westgate, Brian Dunkiel, Andy Raubvogel, and Geoff Hand.
