Act 250 Tier 3 Meeting Rutland – Oct 22

Tier 3 areas contain critical natural resources that merit consideration in the Act 250 permitting process. Moving to location-based Act 250 jurisdiction means reducing or eliminating Act 250 permitting in areas planned for growth (Tier 1 areas) and increasing Act 250 permitting in critical natural resource areas that lack suitable State-level review and protection (Tier 3 areas).

Act 181 (2024) mandated Act 250 jurisdiction for projects in Tier 3 areas as determined by the rules of the Board. During the rulem

Last year, the legislature passed Act 181, which creates new land designation “Tiers” intended to change the Act 250 permitting process. “Tier 1” areas where growth is planned for and encouraged will have reduced or eliminated Act 250 permitting, whereas “Tier 3” areas with important natural resources will face automatic permitting in most cases.

The Land Use Review Board (LURB) is responsible for developing the definitions for these Tiers, and has just released a proposed plan for Tier 3 lands as part of their Tier 3 Rulemaking process. Their website also includes a Map Viewer that shows the proposed Tier 3 zones, many of which lie in or near existing trail systems. The LURB is holding a series of public engagement meetings next week where Vermonters can ask questions and weigh in with their concerns.

The Vermont Trails and Greenways Council is pushing for clarification as to whether and how trails will be considered as part of Tier 3 Act 250 designations. Presently, trail projects in the Vermont Trails System can disturb up to 10 acres of earth before triggering a permit, though it is unclear if this policy – often referred to as Rule 71 – will persist if a trail touches a Tier 3 zone. We encourage trail folks to attend one of the following meetings to learn more and, as appropriate, communicate the negative implications of such a regulatory change. Take a look at the Map Viewer to see if and how your trails might be impacted.

Upcoming public meetings:

• October 21 – Morristown Tegu Building Meeting Room, 43 Portland Street
• October 22 – Rutland Regional Planning Commission Office, 16 Evelyn Street (2nd floor)
• October 28 – Newport City Gateway Center Meeting Room, 84 Fyfe Drive
• October 29 – Windsor Selectboard Meeting Room, 29 Union Street

Learn more and get links to meetings here