The Land Use Review Board announced on March 20 that the next draft of the Tier 3 rules and mapping for Act 250 reforms will be delayed, with a new expected release by the end of April. This shift means that broader public engagement will now take place in May and June, with final drafts and hearings moving into the summer.
The update is significant because it affects when new land use permitting changes under Act 181 will begin. The Board said it wants to ensure Vermonters have enough time to learn about and prepare for these changes, especially those related to expanded jurisdiction in critical natural resource areas (Tier 3) and new road construction requirements.
Board member Alex Weinhagen said, “Frankly, all the input from Vermonters has been extremely helpful, and it’s important to me that the Board hear the feedback and do the best we can to factor it into our work.” He added that more time is needed for rulemaking and public engagement.
On February 20, the Board recommended to the Senate Natural Resources and Energy Committee that several key provisions be delayed by one year or more. These include pushing back Tier 3 jurisdiction from December 31, 2026, to December 31, 2027; delaying Criterion 8C review for projects by one year; and moving road construction jurisdiction from July 1, 2026, to December 31, 2027. The Board also suggested limiting which Act 250 review criteria apply in Tier 3 areas to reduce complexity.
The Senate committee is working on a rewrite of bill S.325 to address these recommendations as part of technical clarifications for Act 181. The bill must still pass through both legislative chambers and receive approval from the Governor before any changes become law.
Guidance on road construction jurisdiction is expected by late March next year. The Board encourages organizations or local boards interested in presentations or discussions about these changes to reach out directly.
Act 250 was enacted in 1970 to balance environmental protection with sustainable development across Vermont. Recent reforms under Act 181 introduce location-based tiers: Tier 1 reduces state oversight in growth centers; Tier 2 maintains current rules with some additions; Tier 3 expands oversight in critical natural resource areas. The Land Use Review Board continues its rulemaking process with input from stakeholders across Vermont.
