A Guide to the Vermont Land Use and Development Act Requirements, Process, and Compliance

The Vermont Land Use and Development Act, commonly known as Act 250, is a comprehensive environmental law that has shaped the state's land use practices for over five decades. This guide provides a clear and concise overview of the Act's key provisions, regulatory standards, and compliance obligations, while also offering valuable insights into recent developments and the current regulatory outlook. By exploring the Act's jurisdiction, permitting process, and environmental criteria, readers will gain a deeper understanding of how to navigate the complex landscape of land use regulation in Vermont. The guide also highlights the importance of proactive compliance and early engagement with state agencies to ensure successful project outcomes and avoid potential enforcement actions. With a focus on practical guidance and real-world examples, this resource serves as an essential tool for anyone seeking to understand and effectively manage the environmental and land use implications of development projects in Vermont.

GENERAL INFORMATION

Key Details of the Vermont Land Use and Development Act

Issuing Agency: Vermont Natural Resources Board

Year Established: 1970

Last Amended: 2019

Statutory Authority: Vermont State Statute Title 10, Chapter 151, commonly known as "Act 250"

Primary Legal Reference: Vermont Statutes Annotated, Title 10, Chapter 151, Sections 6001-6111

Overview of the Vermont Land Use and Development Act

The Vermont Land Use and Development Act, commonly known as Act 250, is a comprehensive state land use law that regulates development projects in Vermont. It operates within the state's broader environmental regulatory framework and works in conjunction with federal regulations such as the National Environmental Policy Act (NEPA) and the Clean Water Act (CWA).

Act 250 was enacted in 1970 to address the environmental impacts of rapid development in Vermont, particularly in rural areas. The primary goals of the regulation are to protect the state's natural resources, maintain the character of its communities, and ensure that development is sustainable and does not place an undue burden on public services and infrastructure.¹

The regulation is administered by the Vermont Natural Resources Board, with enforcement carried out by the Board's District Environmental Commissions. Since its enactment, Act 250 has undergone several amendments to refine its scope and address emerging environmental concerns.

Act 250 requires developers to obtain a land use permit for certain types of projects, such as commercial, industrial, or residential developments above a certain size threshold. The permit process involves a comprehensive review of the project's potential environmental, social, and economic impacts, with opportunities for public input.²

The regulation applies statewide but has some jurisdictional limitations based on project size and type. For example, smaller projects may be exempt from Act 250 review, while certain types of development, such as logging or farming, are subject to different regulatory requirements.

What does the Vermont Land Use and Development Act protect?

The Vermont Land Use and Development Act, or Act 250, protects a wide range of environmental resources in the state from the potential negative impacts of development. These resources include:

1. Water quality: Act 250 requires developers to demonstrate that their projects will not cause undue water pollution or strain water supplies. This protection extends to groundwater, surface water, and wetlands.

2. Air quality: The regulation mandates that development projects must not result in undue air pollution or negatively impact local air quality.

3. Wildlife habitat: Act 250 aims to protect critical wildlife habitat and ensure that development does not cause unnecessary fragmentation of natural areas.

4. Agricultural soils: The law seeks to preserve Vermont's productive agricultural lands by limiting development on prime farmland soils.

5. Historic and cultural resources: Act 250 requires consideration of a project's impact on historic sites, archeological resources, and scenic beauty.

The regulation achieves these protections through a comprehensive permitting process that assesses a development's compliance with ten environmental criteria, which include water and air pollution, soil erosion, traffic, conformance with local and regional plans, and impact on natural areas and aesthetics.³

REGULATORY SCOPE & JURISDICTION

### Regulated Activities & Entities

The Vermont Land Use and Development Act, commonly known as Act 250, is a comprehensive land use law that regulates certain types of development projects in the state of Vermont. The Act aims to protect the environment, natural resources, and the health and welfare of Vermont's citizens by ensuring that large-scale development projects are carefully planned and executed in a manner that minimizes negative impacts on the state's unique natural and cultural heritage.

Act 250 applies to a wide range of development activities, including but not limited to:

- Construction of housing projects with 10 or more units
- Construction of commercial or industrial facilities on more than one acre of land (or more than 10 acres, depending on the town)
- Construction of governmental facilities and public utilities
- Subdivision of land into 10 or more lots
- Construction of roads and highways
- Extraction of mineral resources, such as gravel pits and quarries
- Logging operations above 2,500 feet in elevation

The Act primarily regulates private developers, businesses, and individuals undertaking large-scale development projects. However, it also applies to state and local government entities engaging in regulated activities.

### Structure and Key Provisions

#### Definitions (10 V.S.A. § 6001)
This section provides definitions for key terms used throughout the Act, such as "development," "subdivision," "person," and "permitted project."

#### State Environmental Board (10 V.S.A. § 6021)
This provision establishes the State Environmental Board, which is responsible for administering Act 250 and hearing appeals of District Commission decisions.

#### District Environmental Commissions (10 V.S.A. § 6026)
This section establishes the District Environmental Commissions, which are responsible for reviewing and issuing permits for development projects subject to Act 250.

#### Permit Required (10 V.S.A. § 6081)
This provision requires that any person proposing to engage in a regulated development activity must first obtain a permit from the appropriate District Environmental Commission.

#### Criteria for Issuance of Permit (10 V.S.A. § 6086)
This section outlines the 10 criteria that a development project must satisfy to be granted a permit under Act 250. These criteria address issues such as water and air pollution, soil erosion, traffic, aesthetics, and conformance with local and regional plans.

#### Appeals (10 V.S.A. § 6089)
This provision allows any person aggrieved by a decision of a District Environmental Commission to appeal the decision to the State Environmental Board.

It is important to note that this overview provides a general understanding of the structure and key provisions of Act 250. However, those involved in development projects should consult the full text of the regulation and engage with the relevant agencies for project-specific guidance, as the applicability and requirements of the Act may vary depending on the specific circumstances of a given project.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Vermont Land Use and Development Act, commonly known as Act 250, establishes a comprehensive set of environmental and land use standards and limitations for large-scale development projects in the state. These standards are designed to protect Vermont's natural resources, scenic beauty, and quality of life, while ensuring sustainable economic development⁴. The Act sets forth ten criteria that projects must meet to obtain a land use permit, covering areas such as water and air pollution, soil erosion, traffic, aesthetics, historic sites, natural areas, and more⁵. These criteria are implemented through a rigorous permitting process that involves detailed environmental impact assessments, public hearings, and close coordination with various state agencies. Compliance with the standards and limitations set forth in Act 250 is enforced through a combination of permit conditions, regular monitoring and reporting, and potential enforcement actions for violations⁶.

Monitoring, Reporting & Recordkeeping Obligations

Under the Vermont Land Use and Development Act, regulated entities are subject to various monitoring, reporting, and recordkeeping requirements to ensure ongoing compliance with the Act's environmental and land use standards. These obligations may include regular monitoring of air and water emissions, soil conditions, traffic impacts, and other environmental metrics, as well as periodic reporting to the relevant state agencies⁷. In addition, developers and consultants must maintain detailed records of their compliance activities, environmental data, and other relevant information, which may be subject to inspection by state officials. The specific nature and extent of these obligations can vary depending on the size, location, and potential impacts of a particular project, making it essential for developers and consultants to work closely with the relevant agencies to understand and fulfill their monitoring, reporting, and recordkeeping responsibilities⁸.

Enforcement Actions & Penalties

The Vermont Land Use and Development Act provides for a range of enforcement actions and penalties to address violations of the Act's environmental and land use standards. These may include notices of violation, administrative orders, civil penalties, and even criminal charges in severe cases⁹. The Vermont Natural Resources Board and other state agencies have broad authority to investigate potential violations, issue enforcement orders, and seek penalties through administrative or judicial proceedings¹⁰. Civil penalties for Act 250 violations can be substantial, with fines of up to $10,000 per violation or $25,000 for continuing violations¹¹. In addition to monetary penalties, violators may be required to take corrective actions, such as restoring damaged natural resources or modifying their projects to come into compliance¹². To avoid enforcement actions and penalties, it is crucial for developers and consultants to prioritize proactive compliance, engage early and often with the relevant agencies, and promptly address any issues that arise. Consulting the full text of Act 250 and working closely with the Natural Resources Board and other agencies can help ensure a thorough understanding of the specific enforcement provisions and penalty structures that may apply to a given project¹³.

ADDITIONAL RESOURCES

### Recent Developments & Regulatory Outlook

The Vermont Land Use and Development Act has undergone several significant changes in recent years, with amendments and court decisions shaping the current regulatory landscape. One notable development was the passage of Act 250 in 2019, which modernized the state's land use law and clarified the criteria for determining when a development project requires a permit under the Act.

Another important change was the Vermont Supreme Court's decision in the case of *In re Snowstone, LLC*, which established that the Act's jurisdictional threshold for commercial development applies to the total amount of land involved in a project, not just the portion being newly developed [^301]. This ruling has significant implications for developers and environmental consultants, as it may require more projects to undergo the Act 250 permitting process.

Looking ahead, there are several proposed amendments and policy changes that could further impact the implementation of the Vermont Land Use and Development Act.

To stay informed about these developments, stakeholders should regularly monitor the websites of the Vermont Natural Resources Board and the Vermont Department of Environmental Conservation, which publish updates on regulatory changes and proposed amendments. Joining relevant mailing lists and engaging with industry associations, such as the Vermont Planners Association or the Vermont Developers Association, can also help stakeholders stay current on the latest developments related to the Act.

### Additional Resources

[**Vermont Land Use and Development Act Full Text**](https://legislature.vermont.gov/statutes/chapter/10/151): The complete text of the Vermont Land Use and Development Act, including all amendments to date.

[**Vermont Law School Environmental Law Center**](https://www.vermontlaw.edu/academics/centers-and-programs/environmental-law-center): The Environmental Law Center at Vermont Law School offers a range of courses, training programs, and research resources related to environmental law and policy, including the Vermont Land Use and Development Act.

[^301]: In re Snowstone, LLC, 2019 VT 4, 210 Vt. 39, 210 A.3d 1143 (2019).