VERMONT – The Land Use Review Board (LURB) is accepting public comments on proposed guidelines for road construction under Act 250 / Act 181.
Beginning July 1, 2026, “…the construction of a road or roads and any associated driveways…” will trigger the need for an Act 250 permit.
Some exceptions exist for the length of the road, see 10 V.S.A. and exceptions are provided for municipal, state, utility, farm, and forestry roads and driveways. Act 181 also provides that the LURB may adopt rules to help guide implementation.
LURB is holding a 30-day public comment period on the document from Mar 30-Apr 30, 2026. Submit comments by U.S. mail to the Vermont Land Use Review Board, Attention: Comments on Draft Road Construction Jurisdiction Guidance Document,” 10 Baldwin St., Montpelier, VT 05633-3201 or via email to [email protected].
A finalized draft of the guidance document will be produced in early May for LURB to consider adopting. More information and future drafts will be posted at act250.vermont.gov/road-construction-jurisdiction.
LURB has requested that the Legislature delay the effective date to allow for public outreach and consultation to develop guidance in rule making. Guidance under development is intended to help clarify exemptions, define what qualifies as pre-existing road, and give definition to the difference between a road and a driveway. Draft Road Construction Jurisdiction Guidance is available at act250.vermont.gov/document/road-construction-jurisdiction-guidance-draft-3-25-26.
