Act 250 (Vermont law)
Encyclopedia
In the spring of 1970, the Vermont
legislature passed Act 250, known as the Land Use and Development Act. Development
pressures resulting from the opening of two interstate highways (I-89 and I-91) made access to the state much easier for year-round visitors, creating community concerns including road congestion, increased environmental problems, burden on local services, and rising taxes. Governor Deane C. Davis
(Republican
) appointed a study commission in 1969 to develop a statewide law to address these concerns, as no environmental regulations or land-use controls existed. A major contributor to the construction of the law was Laura G. Wheeler, in consultation with then Vermont Attorney General James Jeffords.
The law created nine District Environmental
Commissions to review large-scale development projects using 10 criteria that are designed to safeguard the environment, community life, and aesthetic character of the state. They have the power to issue or deny a permit
to real estate developers for any project that encompasses more than 10 acres (40,000 m²), or more than 1 acre (4,000 m²) for towns that do not have permanent zoning
and subdivision bylaws. The law also applies to any development project with more than 10 housing units or housing lots; and may also apply for construction proposed above 2500 feet (762 m) of elevation. Act 250 also created the Vermont Environmental Board to review appeals coming from District Commission rulings.
The 10 criteria have changed little since the adoption of Act 250 in 1970. Efforts have been made over the years to make the permitting process work more efficiently, along with performance standards. Today, the District Commissions receive between 600 and 800 applications per year, and hold hearings on an average of 20% of these. They have an approval record of 98%, but this rate includes plans modified during the hearing process, with conditions typically attached to permits when granted.
Act-250 jurisdiction attaches forever to permits, except to permits for quarries and logging at elevations over 2500 feet (762 m). These permits are allowed to close when the work required to complete them is complete. Unfortunately. there is not sufficient funding to support personnel to verify proper completion of the required activity, so the Act-250 office must rely on the permit applicant to truthfully verify completion.
One of the co-creators of Act 250 was Laura G. Wheeler of Barre Town, Vermont. Her highly successful campaign for state office having been cut short just before taking office due to medical limitations, she did not want to leave public service without ensuring a clean for future generations. That legacy took shape in the form of Act 250. She consulted frequently with the then Attorney General James Jeffords, who provided crucial guidance in the editing and perfecting Act 250 until it reached its final approved form. Laura Wheeler spear-headed the campaign, researching the topic fully and consulting with many experts to ensure its success. Others consulted and instrumental its creation include, but are not limited to: Howard Rusk of New York, Jeanne Garvin of Montpelier, VT and Lawrence Gurnette of Michigan.
Per interview with Mrs.Wheeler, her primary motive was to create a more beautiful Vermont by protecting clean rivers, the forest's ability to support clean air and abundant wildlife, and to preserve Vermont's natural resources of all kinds for generations to come. Of greatest concern was forest conservation and the prevention of excessive clear cutting. She presented and promoted this landmark legislation before Congressional committee, so other leaders would have opportunity to benefit from the template created by Act 250 and be encouraged to enact similar measures in their home states. It met with great approval, with many legislators commenting that it was 'a long time coming', 'and a much needed effort to protect the planet as a whole.'
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
legislature passed Act 250, known as the Land Use and Development Act. Development
Land development
Land development refers to altering the landscape in any number of ways such as:* changing landforms from a natural or semi-natural state for a purpose such as agriculture or housing...
pressures resulting from the opening of two interstate highways (I-89 and I-91) made access to the state much easier for year-round visitors, creating community concerns including road congestion, increased environmental problems, burden on local services, and rising taxes. Governor Deane C. Davis
Deane C. Davis
Deane Chandler Davis was born in East Barre, Vermont. He was the 74th Governor of Vermont, from 1969 to 1973, and a delegate to the Republican National Convention in 1948....
(Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
) appointed a study commission in 1969 to develop a statewide law to address these concerns, as no environmental regulations or land-use controls existed. A major contributor to the construction of the law was Laura G. Wheeler, in consultation with then Vermont Attorney General James Jeffords.
The law created nine District Environmental
Environmental policy
Environmental policy is any [course of] action deliberately taken [or not taken] to manage human activities with a view to prevent, reduce, or mitigate harmful effects on nature and natural resources, and ensuring that man-made changes to the environment do not have harmful effects on...
Commissions to review large-scale development projects using 10 criteria that are designed to safeguard the environment, community life, and aesthetic character of the state. They have the power to issue or deny a permit
Permit
Permit may refer to:*Permit *Various legal licenses:*License*Work permit*Learner's permit*Permit to travel*Construction permit*Home Return Permit*One-way Permit*Permit is the common name for the Trachinotus falcatus, a type of Pompano....
to real estate developers for any project that encompasses more than 10 acres (40,000 m²), or more than 1 acre (4,000 m²) for towns that do not have permanent zoning
Zoning
Zoning is a device of land use planning used by local governments in most developed countries. The word is derived from the practice of designating permitted uses of land based on mapped zones which separate one set of land uses from another...
and subdivision bylaws. The law also applies to any development project with more than 10 housing units or housing lots; and may also apply for construction proposed above 2500 feet (762 m) of elevation. Act 250 also created the Vermont Environmental Board to review appeals coming from District Commission rulings.
Ten Criteria
The 10 Criteria are as follows:- 1. Will not result in undue water or air pollutionPollutionPollution is the introduction of contaminants into a natural environment that causes instability, disorder, harm or discomfort to the ecosystem i.e. physical systems or living organisms. Pollution can take the form of chemical substances or energy, such as noise, heat or light...
.Included are the following considerations: (A) Headwaters; (B) Waste disposal (including wastewaterWastewaterWastewater is any water that has been adversely affected in quality by anthropogenic influence. It comprises liquid waste discharged by domestic residences, commercial properties, industry, and/or agriculture and can encompass a wide range of potential contaminants and concentrations...
and stormwaterStormwaterStormwater is water that originates during precipitation events. It may also be used to apply to water that originates with snowmelt that enters the stormwater system...
); (C) Water Conservation; (D) Floodways; (E) Streams; (F) Shorelines; and (G) Wetlands. - 2. Has sufficient water available for the needs of the subdivision or development.
- 3. Will not unreasonably burden any existing water supply.
- 4. Will not cause unreasonable soil erosion or affect the capacity of the land to hold water.
- 5. Will not cause unreasonably dangerous or congested conditions with respect to highways or other means of transportation.
- 6. Will not create an unreasonable burden on the educational facilities of the municipality.
- 7. Will not create an unreasonable burden on the municipalityMunicipalityA municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
in providing governmental services. - 8. Will not have an undue adverse effect on aestheticsAestheticsAesthetics is a branch of philosophy dealing with the nature of beauty, art, and taste, and with the creation and appreciation of beauty. It is more scientifically defined as the study of sensory or sensori-emotional values, sometimes called judgments of sentiment and taste...
, scenic beauty, historic sites or natural areas, and 8(A) will not imperil necessary wildlife habitat or endangered speciesEndangered speciesAn endangered species is a population of organisms which is at risk of becoming extinct because it is either few in numbers, or threatened by changing environmental or predation parameters...
in the immediate area. - 9. Conforms with the Capability and Development Plan which includes the following considerations: (A) The impact the project will have on the growth of the town or region: (B) Primary agricultural soils; (C) Productive forestForestA forest, also referred to as a wood or the woods, is an area with a high density of trees. As with cities, depending where you are in the world, what is considered a forest may vary significantly in size and have various classification according to how and what of the forest is composed...
soils; (D) Earth resources; (E) Extraction of earth resources; (F) Energy conservationEnergy conservationEnergy conservation refers to efforts made to reduce energy consumption. Energy conservation can be achieved through increased efficient energy use, in conjunction with decreased energy consumption and/or reduced consumption from conventional energy sources...
; (G) Private utility services; (H) Costs of scattered developments; (J) Public utility services; (K) Development affecting public investments; and (L) RuralRuralRural areas or the country or countryside are areas that are not urbanized, though when large areas are described, country towns and smaller cities will be included. They have a low population density, and typically much of the land is devoted to agriculture...
growth areas. - 10. Is in conformance with any local or regional plan or capital facilities program.
The 10 criteria have changed little since the adoption of Act 250 in 1970. Efforts have been made over the years to make the permitting process work more efficiently, along with performance standards. Today, the District Commissions receive between 600 and 800 applications per year, and hold hearings on an average of 20% of these. They have an approval record of 98%, but this rate includes plans modified during the hearing process, with conditions typically attached to permits when granted.
Act-250 jurisdiction attaches forever to permits, except to permits for quarries and logging at elevations over 2500 feet (762 m). These permits are allowed to close when the work required to complete them is complete. Unfortunately. there is not sufficient funding to support personnel to verify proper completion of the required activity, so the Act-250 office must rely on the permit applicant to truthfully verify completion.
One of the co-creators of Act 250 was Laura G. Wheeler of Barre Town, Vermont. Her highly successful campaign for state office having been cut short just before taking office due to medical limitations, she did not want to leave public service without ensuring a clean for future generations. That legacy took shape in the form of Act 250. She consulted frequently with the then Attorney General James Jeffords, who provided crucial guidance in the editing and perfecting Act 250 until it reached its final approved form. Laura Wheeler spear-headed the campaign, researching the topic fully and consulting with many experts to ensure its success. Others consulted and instrumental its creation include, but are not limited to: Howard Rusk of New York, Jeanne Garvin of Montpelier, VT and Lawrence Gurnette of Michigan.
Per interview with Mrs.Wheeler, her primary motive was to create a more beautiful Vermont by protecting clean rivers, the forest's ability to support clean air and abundant wildlife, and to preserve Vermont's natural resources of all kinds for generations to come. Of greatest concern was forest conservation and the prevention of excessive clear cutting. She presented and promoted this landmark legislation before Congressional committee, so other leaders would have opportunity to benefit from the template created by Act 250 and be encouraged to enact similar measures in their home states. It met with great approval, with many legislators commenting that it was 'a long time coming', 'and a much needed effort to protect the planet as a whole.'
District Commissions
- District 1: Rutland County
- District 2: Windham CountyWindham County, VermontWindham County is a county located in the U.S. state of Vermont. As of 2010, the population was 44,513. Its shire town is Newfane.-Geography:According to the U.S...
, southern Windsor County - District 3: northern Windsor County, Orange County
- District 4: Chittenden CountyChittenden County, VermontChittenden County is a county located in the U.S. state of Vermont. As of 2010, the population was 156,545. Its shire town is Burlington. Chittenden is the most populous county in the state, with more than twice as many residents as Vermont's second-most populous county, Rutland.Chittenden County...
- District 5: Washington CountyWashington County, VermontWashington County is a county located in the U.S. state of Vermont. As of 2010, the population was 59,534; Vermont's third-most populous county after Chittenden County and Rutland County. Its shire town is Montpelier, the state capital. The center of population of Vermont is located in Washington...
and Lamoille County - District 6: Franklin CountyFranklin County, VermontFranklin County is a county located in the U.S. state of Vermont. It is part of the Burlington-South Burlington, VT Metropolitan Statistical Area. As of 2010, the population was 47,746. Its shire town is the City of St. Albans.-Geography:...
and Grand Isle County - District 7: Caledonia County, Orleans CountyOrleans County, VermontOrleans County is one of the four northernmost counties in the U.S. state of Vermont. It borders Canada. In 2010, the population was 27,231. Its county seat is Newport. As in the rest of New England, few governmental powers have been granted to the county...
and Essex CountyEssex County, VermontEssex County is the county located in the northeastern part of the U.S. state of Vermont. As of 2010, the population was 6,306, making it the least-populous county in both Vermont and New England... - District 8: Bennington County
- District 9: Addison County