Senate briefing outlines tiered Act 250 reforms, interim housing exemptions and regional mapping process

Unidentified Speaker 3, a presenter, told the Senate the package combines two bills, F-311 and H-687, into a negotiated set of amendments intended to “balance the original intent of actually getting a compact village settlement, a good fit, and to keep our working landscape and our conserved areas.”

The proposal would rewrite how Act 250 applies by creating a tiered system of land categories. Unidentified Speaker 4, a presenter, described Tier 1a as areas that could receive full exemptions from Act 250 if they have adopted zoning and public water and wastewater systems and demonstrate protections for rare, threatened or endangered species. Tier 1b would cover mapped village areas where developments of up to 49 units would not trigger Act 250 review. Tier 2 would leave Act 250 review in place, and Tier 3 would identify “critical natural resources” that remain subject to protection and to rulemaking.

The package also includes interim exemptions meant to accelerate housing construction during the current shortage, the presenters said. Under those provisions, housing in downtowns would be exempted through 2028; some new town centers and growth centers could build up to 75 units; and areas within a quarter mile of a village center with zoning could allow up to 50 units. “You can develop, up to 49 units, housing, without triggering activities,” Unidentified Speaker 4 said when explaining Tier 1b allowances.

Rulemaking and mapping procedures figure prominently. The presenters said a working group and a broad list of stakeholders — regional planning commissions (RPCs), environmental and forestry groups, the Department of Environmental Conservation, Fish & Wildlife, the Department of Taxes, VLCT, chambers and ski-area representatives, among others — will provide input before formal rulemaking defines the boundaries of critical natural resource areas. Presenters stressed municipalities and landowners that may host critical resources will be solicited to participate in the mapping process.

Several sections of the combined bill were highlighted by presenters. Section 31 focuses on economic development and housing provisions; sections 39–43 extend timelines and meeting requirements for the environmental justice advisory council; section 44 clarifies amicus-brief practice in relevant proceedings; and section 49 substantially updates regional-plan elements to require mapping for forest blocks, habitat connectors, sensitive areas and recreation features.

Presenters said the Land Use Board’s start date in the bill was amended from July 1 to Jan. 31 of the following year to allow time for professional staffing and for the board to assume responsibilities. They also said the Senate would hear a floor report and that votes would follow consideration of the amendment package.

The presenters repeatedly asked members for patience given the package’s complexity and the number of amendments. One presenter noted a committee vote and at least one dissent about timing and process during committee review; presenters emphasized additional opportunities for members to review language in floor and subsequent sessions.

What happens next: presenters said a floor report would follow and that the Senate would proceed to votes after amendment consideration. No formal floor votes or final actions on the combined bill are recorded in the provided transcript excerpt.