By Rep. Josh Dobrovich (R-Orange)

The land you think is “your land” might well become heavily regulated under the new Act 181 (think Act 250 2.0). This law was enacted over Governor Scott’s veto by the Democratic supermajority in 2024. The time is NOW for you to find out exactly how Act 181 may impact your use of your own land.

The Land Use Review Board (LURB), created by Act 181, is currently working through the rule-making process to divide all land in Vermont into designated Tier 1A/1B, Tier 2, and Tier 3 areas. The goal is to encourage development in concentrated downtown areas (Tiers 1A and 1B) while discouraging it in environmentally sensitive zones (Tier 2 and especially Tier 3). The real challenge is striking the right balance between human thriving, affordability, equity, property rights, and environmental stewardship. This is no trivial task.

The uncertainty around how Act 181 will be implemented is creating fear across the board. Some worry that an overemphasis on environmental protection will violate existing property owners’ rights and force everyone into dense, restricted living situations—sometimes described as “concentrated animal feeding operations” (CAFO), a term usually reserved for large agricultural facilities. On the other side, environmental advocates fear unchecked suburban sprawl and the loss of Vermont’s unique ecosystems and species. The LURB is trying to find a middle ground. This directly affects you.

The bottom line is that any designation of your land as “Tier 3,” “wetlands,” or other regulatory categories—such as “Road Construction Jurisdiction” (the feared “Road Rule”) or “VCD Connectivity Blocks”—will add layers of rules and permitting requirements. That makes it far more difficult and expensive to build on land you own. Basic economics of supply and demand shows that with a limited amount of Vermont land, the more areas get restricted from development, the higher the price of whatever remains developable.

As part of the rule-making process, the LURB has created draft Future Land Use (FLU) maps. These maps take data that originated from the Vermont Conservation Design (VCD)—which was never meant for regulatory purposes—and are now being turned into enforceable rules.

The rule-making process requires public input, and that comment period is happening right now. If you are concerned about your land (or your neighbor’s, your family’s, or your friend’s land) and how the State proposes to designate it, NOW IS THE TIME to check these maps and see what is planned. Current law does NOT require the State to notify landowners proactively about these designations. You have to discover it yourself and actively participate in the comment process immediately.

I HIGHLY RECOMMEND you access the proposed Tier 3 Future Land Use map here: https://experience.arcgis.com/experience/6ec0a9c1daa84f2893859d94403b0a1b.

Read the disclaimer and agree to it to view the map. Zoom in to your area. In the Map Layers pane on the right, click on the “Legend” icons to understand what each color-shaded area means. If you feel really brave, check the box to enable “Reference Areas” and especially the “Road Construction Jurisdiction” and “VCD Connectivity Blocks” layers to see just how much of Vermont is affected by this new law. It is very eye-opening!

You can submit questions and comments via email to the LURB at act250.rulemaking@vermont.gov. You can also reach out directly to the LURB Board Member in charge of the Tier 3 Project, Alex Weinhagen, at 802-480-1885.

To access the Tier 3 rule-making report: https://act250.vermont.gov/tier-3-rulemaking-and-report.

For general information about Act 181: Modernizing Land Use Review: https://act250.vermont.gov/new-land-use-review-framework-act-181.

Bills That Could Help Landowners

There is legislation being considered this year that could either reduce or further increase the land-use impacts already created by Act 181. Bills that propose to REDUCE the impacts on Vermont landowners are listed below. Contact your Representatives and Senators to support these bills.

• H.70 – Use existing “current use” laws to meet conservation goals and prevent skyrocketing land costs
• H.602 – Repeal the “Road Rule” permit requirement and extend Act 250 relief
• H.730 – Require notification and property tax reduction for Act 250/181 designation impacts
• H.805 – Streamline Act 250 permitting and provide property tax relief for restrictive land use designations
• H.749 – Remove requirements to permanently preserve 30% and ultimately 50% of Vermont land

Bills that would ADD to restrictions on land use include, among others, the H.276 Wildlands bill, which would remove all state-owned lands from their current active management plans by the Department of Forests, Parks and Recreation and significantly restrict access to them.

If you own land in Vermont or care about keeping it affordable for regular families, I hope you’ll take a few minutes to check that map. This stuff is moving forward fast, and our input matters right now.

Stay Engaged

Vermont General Assembly links:

• Home
• House Calendar
• Senate Calendar

I’ll keep updates coming as best I can. Your input is always welcome—reach out anytime. Together we can build a stronger Vermont.