Evaluating Vermont’s Land Use Policy (Act 250): An Opportunity for Legislative Reform
Conference Year
January 2019
Abstract
This report is a response to Vermont’s 2017-2018 legislative initiative to complete a comprehensive, public review of the state’s land use and development law, Act 250. The law was originally established in 1970, with the intention of transforming traditional planning through active community participation in major land use decisions, and an emphasis on environmental protection. While Act 250 has been amended over the years, it has unfortunately not been able to change at rate that incorporates relevant climate science, the ways in which developers have learned to bypass restrictions, and the evolving values and concerns of Vermonters. As a response, in 2017, the Vermont Legislature created a six person commission called The Commission on Act 250: The Next 50 Years, a lso referred to as Act 47. The role of the Commission has been to conduct a critical examination of the ways in which land is permitted and developed across the state, current problem areas with the law, and how it could be improved moving forward, directly involving Vermonters’ priorities and perspectives. This report has three distinct intentions. First, it defines key terminology, presents a history of Act 250, and provides background on the Commission’s review process thus far. Then, the report identifies five problem areas within the law, followed by informed suggestions for the Commission to consider in their deliberations. Finally, the report transitions into a discussion of Vermont-specific climate change, offering climate resilience strategies for the Commission to consider in their legislative recommendations.
Primary Faculty Mentor Name
Bindu Panikkar
Faculty/Staff Collaborators
Shaina Kasper, Donna Barlow Casey
Status
Undergraduate
Student College
Rubenstein School of Environmental and Natural Resources
Program/Major
Environmental Studies
Primary Research Category
Vermont Studies
Evaluating Vermont’s Land Use Policy (Act 250): An Opportunity for Legislative Reform
This report is a response to Vermont’s 2017-2018 legislative initiative to complete a comprehensive, public review of the state’s land use and development law, Act 250. The law was originally established in 1970, with the intention of transforming traditional planning through active community participation in major land use decisions, and an emphasis on environmental protection. While Act 250 has been amended over the years, it has unfortunately not been able to change at rate that incorporates relevant climate science, the ways in which developers have learned to bypass restrictions, and the evolving values and concerns of Vermonters. As a response, in 2017, the Vermont Legislature created a six person commission called The Commission on Act 250: The Next 50 Years, a lso referred to as Act 47. The role of the Commission has been to conduct a critical examination of the ways in which land is permitted and developed across the state, current problem areas with the law, and how it could be improved moving forward, directly involving Vermonters’ priorities and perspectives. This report has three distinct intentions. First, it defines key terminology, presents a history of Act 250, and provides background on the Commission’s review process thus far. Then, the report identifies five problem areas within the law, followed by informed suggestions for the Commission to consider in their deliberations. Finally, the report transitions into a discussion of Vermont-specific climate change, offering climate resilience strategies for the Commission to consider in their legislative recommendations.