By Sam Douglass

Former Burlington Mayor Miro Weinberger joined lawmakers last Friday to present for Let’s Build Homes, a nonprofit where he now serves as executive chair. He criticized Vermont’s regulatory environment for housing, pointing in particular to a subjective permitting process and to burdensome aspects of Act 181 and Act 250. Ultimately, his message was clear, Vermont is not building enough housing, and reform is needed.

Weinberger gave his presentation before the nonpartisan Caucus for Vermont’s Economy, which was formed in January. The caucus of lawmakers promotes policies aimed at growing the state’s economy and to “build and invest in what Vermont truly needs, including housing, renewable energy, and innovation,” according to its website. The caucus meets each Friday at noon while the legislature is in session.

“We’re really trying to provide a warm welcome to businesses that want to speak to our state’s business climate—how it is or isn’t working for them, where it’s slowing them down, narrowing options, or otherwise,” said caucus Clerk Rep. Jonathan Cooper (D-Bennington 1) in an interview with VDC this week.

While the caucus includes both Democrats and Republicans, it is made up primarily of Democratic members of the House and Senate and currently does not include any Republican senators.

Weinberger’s primary policy proposal centers on what his organization calls “ROOT Zones” (Residential Opportunity Overlay Towns), a model designed to address what they sees as flaws in the current permitting system and Act 181.

“In our vision, the state will create a model code with clear and objective standards for all the issues that towns need to consider in their subdivision and site plan reviews,” an article on their website states. “This will be a form-based code, but it will be a “lite” version that regulates what is important and is cost-sensitive so that it does not unnecessarily add cost to new home construction. Towns adapt the code to their community and adopt it after engaging their voters. Projects that meet the standards get approved—no hearings, no subjective decisions, no appeals.”

Permit reviews, he argued, often rely on undefined and subjective criteria, such as “neighborhood character,” as grounds for denial. He described the process as “fundamentally uncertain and unpredictable.”

“You can do everything right and still get denied,” Weinberger said.

That uncertainty, he added, extends beyond initial approval. Even after projects are approved, developers face the risk of appeals that can delay or derail construction through lengthy legal challenges.

ROOT Zones, Weinberger said, would address this issue by introducing clear, objective standards for project approval and denial. But permitting is only one place where he sees much needed reform.

Act 181, passed in 2024, set Vermont on an ambitious course for land-use reform by concentrating development in existing population centers and preserving undeveloped land through a tiered classification system. However, critics have been vocal about its potential impact on rural communities.

Under the law, Tier 1 regions are intended to streamline development in developed areas but Tier 1 regions represent a very small portion of the state. Additionally, many small towns lack clearly defined, dense population centers, making it difficult to qualify. As a result, they risk being categorized as Tier 3, where development is held to stricter standards.

“Unless the legislature acts, Tier 3 [designation] could make the housing shortage worse,” Weinberger told the caucus on Friday.

According to Let’s Build Homes, ROOT Zones would help address this gap by allowing municipalities to opt in and designate new town centers for growth.

Weinberger also acknowledged that Act 250 has played an important role in preserving Vermont’s rural character and limiting urban sprawl. Still, he argued that it places a significant burden on development with legal costs and extended review timelines.

Another article on the Let’s Build Homes website clearly defines the issue that Weinberger described, “For a developer building twenty units, those costs get spread across many homes and baked into a business model. For a family building one home on inherited land, they can be the end of the project.”

The 501(c)(4) nonprofit advocates year-round to influence legislation, regulations, and local ordinances in ways that promote housing development and spread the narrative that Vermont is welcoming to new people.

During his presentation, some lawmakers similarly expressed their frustration with current development regulations, especially Act 181. 

“If we wanted to live in a city we would stay in New York, Chicago, or Pittsburgh. Why are we trying to force Vermonters into city living, that’s not what Vermont is about,” said Representative Rob North (R-Addison 3).

North also referenced additional regulatory hurdles in the form of permitting through the Department of Environmental Conservation.