Legislative Reports

Act 181 (H.687) – An act relating to community resilience and biodiversity protection through land use.

The law makes major changes to Vermont’s land use planning and regulatory framework to strengthen place-based regulatory recognition and investments guided by regional planning and municipal action. It creates a policy platform to better support areas planned for growth, areas for rural and working lands, and areas for conservation. In cooperation with their member municipalities, the regional planning commission’s plans will take on new significance in both Act 250 and State Designation.

(a) The Vermont Association of Planning and Development Agencies (VAPDA) shall hire an independent contractor to study the strategic opportunities for regional planning commissions to better serve municipalities and the State. This study shall seek to ensure that the regional planning commissions are statutorily enabled and strategically positioned to meet ongoing and emerging State and municipal needs and shall review the following: governance, funding, programs, service delivery, equity, accountability, and staffing.

(e) The Vermont Association of Planning and Development Agencies shall develop, maintain, and update standard methodology and process for the mapping of areas eligible for Tier 1B status under 10 V.S.A. § 6033 and designation under chapter 139 of this title. The methodology shall be issued on or before December 31, 2024, in consultation with the Department of Housing and Community Development and Land Use Review Board.  

(a) On or before December 15, 2023, the Vermont Association of Planning and Development Agencies shall report on statutory recommendations to better integrate and implement municipal, regional, and State plans, policies, and investments by focusing on regional future land use maps and policies. 

In the process of creating the Regional Planning Report, the Vermont Association of Planning and Development Agencies shall consider possible new methods of public engagement that promote equity and expand opportunity for meaningful participation by impacted communities in the decisions affecting their physical and social environment.

(b) The recommendations shall address how to accomplish the following:

1. Aligning policies and implementation between municipalities, regional planning commissions, and State entities to better address climate change, climate resiliency, natural resources, housing, transportation, economic development, other social determinants of health, and other place- based issues.
2. Building upon municipal and regional enhanced energy plans and their implementation.
3. Evaluating place-based policy and project decisions by the State, regional planning commissions, and municipalities related to implementing regional future Land use maps and policies and recommending changes to which of those governmental levels those decisions should occur, if necessary.
4. Ensuring that State agency investment and policy decisions that relate to land development are consistent with regional and local plans. The investments assessed should include, at a minimum: (A) drinking water; (B) wastewater; (C) stormwater; (D) transportation; (E) community and economic development; (F) housing; (G) energy; and (H) telecommunications.
5. Achieving statewide consistency of future land use maps and policies to better support Act 250 and 30 V.S.A. § 248.
6. How Act 250 and 30 V.S.A. § 248 could better support implementation of regional future land use maps and policies.
7. Better support implementation of regional future land use maps and policies in the State designation program under 24 V.S.A chapter 76A.
8. Improving the quality and effectiveness of future land use maps in regional and municipal plans through changes to 24 V.S.A. chapter 117 including: (A) future land use map area delineations, definitions, statements, and policies; (B) existing settlement definitions and their relationship to future land use maps; (C) the role of regional plans in the review and approval of municipal plans and planning processes; and (D) a review mechanism to ensure bylaws are consistent with municipal plans.

(c) The report should also discuss how best to implement the recommendations, including the following:

1. How best to phase in the recommendations;
2. How to establish a mechanism for the independent review of regional plans to ensure consistency with statutory requirements;
3. What guidance and training will be needed to implement the recommendations; and
4. What incentives and accountability mechanisms are necessary to accomplish these changes at all levels of government.

(d) The Vermont Association of Planning and Development Agencies shall consult with the Agency of Transportation, the Agency of Natural Resources, the Agency of Commerce and Community Development, the Department of Public Service, Vermont Emergency Management, the Natural Resources Board, the regional development corporations, the Vermont League of Cities and Towns, statewide environmental organizations, and other interested parties in developing the report and shall summarize comments.

(e) On or before December 15, 2023, the Vermont Association of Planning and Development Agencies shall submit the report to the following committees: the Senate Committees on Economic Development, Housing and General Affairs, on Government Operations, on Natural Resources and Energy, and on Transportation and the House Committees on Commerce and Economic Development, on Environment and Energy, on General and Housing, on Government Operations and Military Affairs, and on Transportation.

(f) The Vermont Association of Planning and Development Agencies shall be funded in fiscal year 2023 and fiscal year 2024 for this study through the regional planning grant established in 24 V.S.A. § 4306.

(a) The Vermont Association of Planning and Development Agencies, in consultation with the Natural Resources Board, shall develop a proposed framework for delegating administration of Act 250 permits to municipalities. They shall consult with other relevant stakeholders, including those with experience issuing Act 250 permits under 10 V.S.A. chapter 151, environmental organizations, State agencies, and municipal planning and zoning officials. Each regional planning commission shall hold one public meeting on the framework.

(b) On or before December 31, 2023, the Vermont Association of Planning and Development Agencies shall report to the House Committee on Environment and Energy and the Senate Committee on Natural Resources and Energy on the proposed framework to delegate Act 250 permit administration to municipalities.