To the editor:
The public may have heard about Act 181’s reduction of Act 250 review in developed areas. Few have heard of new, major, Act 250 review intrusion in rural areas that does not involve the large developments Act 250 was designed to address. Construction of a single-family home may trigger Act 250 review and the need to address its 32 criteria and sub criteria. Here I explain these features and suggest legislative fixes while still addressing the goals of the Act.
Act 181, whose rules are in the process of being generated, designates Tier 2 and Tier 3 lands.
Tier 2 lands, whose provisions take effect this June, encompasses all of Vermont outside of developed areas. An Act 250 permit will need to be obtained for construction of a road greater than 800 feet in length, or combined roads and driveways greater than 2,000 feet, with some exceptions.
Tier 3 was created to address lands with critical environmental elements worthy of special protection. The largest elements are areas designated as “habitat connectors.” The current Tier 3 draft map (available at act250.vermont.gov/tier-3-rulemaking–and–report ) would apply 2,000-foot buffers on both sides of the road for those areas. These encompass 387,000 acres where Act 250 permits would now be required for construction of a single-family home or other development.
The need for these connectors is questionable considering that Vermont wildlife did fine without needing massive, protected corridors. This certainly does not meet the statutory intent of addressing “critical” needs. Tier 3 rules take effect in December 2026. There is time to provide input to the rule making process.
How should this be fixed legislatively?
Three things: first, Act 250 is the wrong means of addressing legitimate issues. A simplified Act 181 permit should be used that would address the few areas of concern without burdening applicants with the many unnecessary Act 250 criteria.
Secondly, eliminate the “habitat connector” criteria. If there are key areas where migration of species is, or could be a problem, rights to those areas should be acquired from willing landowners and not blanket regulation of hundreds of thousands of acres of land.
Third, eliminate the Tier 2 road rule. If and how to regulate this aspect of development is a matter for local planning and zoning to decide.
These can and should be fixed to avoid imposing an unfair burden on our rural communities.
Norm Etkind
Woodbury
