By. Rep. Mark Higley

I encourage all Vermonters to understand what the Vermont Legislature, through certain Acts and proposed legislation, is attempting to accomplish. Much of it will adversely affect our rural property owners and the viability of our traditional industries of farming and forestry. First, we must understand that roughly 78% of Vermont is forested and roughly 80% is privately owned.

Act 59, known as the community, resilience and biodiversity protection Act, is based on a United Nations effort to conserve 30% of our lands by 2030 and Vermont went further by requiring 50% by 2050. This passed in June 2023 without the Governor’s signature. Vermont’s land acreage is roughly 5.9 million acres. Currently 1.6 million acres or roughly 27% is considered permanently conserved. When I asked how all this will be achieved, when 80% of our land is privately owned, I was told it would be voluntary. I suggested that there is more than one way to make things voluntary, high property taxes landowners can’t afford or zoning regulations, (think yearly property tax increases & Act 181). In 2025, along with others, I proposed the Bill H.70, that would include the 2.5 million acres in the Use Value Appraisal program or (Current Use) to be included in the Conserved land inventory. While this land is not considered “permanently protected”, it is certainly a category of working lands, conserving forestry and agriculture lands managed in a sustainable way. With the support of the Vermont Farm Bureau, Vermont Forest Products Association, Professional Logging Contractors, and the Rural Caucus we attempted to have this proposal considered to no avail. Over 16,000 rural Vermont forest landowners are enrolled in the Use Value Appraisal Program, Vermont’s most successful conservation program, and they were largely not heard from in the development of Act 59 and their lands were not counted in the inventory. 

Act 181, passed in 2024, known as an act relating to community resilience and biodiversity protection through land use. This act was vetoed by the Governor and overriden by the majority at the time. It was intended to streamline development in “Tier 1” urban centers, it introduces significant new restrictions in rural “Tier 2” and “Tier 3” areas, primarily through the Road Rule and “Tier 3” mapping. The road rule is any road being considered 800 ft. or combined roads and driveways exceeding 2,000 feet, will require Act 250 approval (to take effect July 1, 2026.) “Tier 3” draft mapping, includes currently significant natural communities, headwater stream areas, and habitat connectors of statewide significance (to take effect Dec. 31, 2026.)

Bill S.325 in the Senate, is attempting to postpone the timelines for implementation of the Road Rule until 2030 and “Tier 3” until 2028. This bill has not reached the House, however there was a House bill H.730 introduced in January, that did not receive any consideration. H.730 proposes to make changes to the Act 250 “Tier 3” rules, require notice to property owners about Tier 2 and 3, and require the Department of Taxes to consider impacts on the fair market value due to the requirements of Act 250. This was presented by members of the Rural Caucus. I believe sections of Act 181 should be repealed.

On top of all this is a House bill H.276 introduced in February 2025, by the chair of the Environment Committee. It would designate approximately 268,000 acres of existing state land, including two-thirds of state forests and state parks, as Wildlands. Under: Management of State Wildlands, these areas would be managed for passive restoration, allowing natural processes to prevail with minimal human interference, there shall be no vegetation management, including timber harvesting, pruning, cutting, herbicide application, salvage logging, or removal of diseased or infected trees. I’m not sure why this bill hasn’t moved unless it’s the fear of a veto from Governor Scott. 

Concerns for aspects of Act 181 and its recent Rally at the State House has awaken rural Vermonters and landowners to the real possibilities of additional severe restrictions on their property rights. There are certainly plenty of environmental protections that landowners are already required to comply with. Just a few include stormwater management (the 3-acre rule), wetlands rules, shoreline protection act, wastewater and potable water supply standards (sewer and water), and any local zoning and subdivision bylaws. Many of these standards are certainly important and necessary. I believe overall a majority of Vermont property owners have been good stewards of the land. However, with the addition of the above Acts and proposed regulations, our rural economy would suffer. I remember years ago Governor Douglas stating, “To call our lands working lands, we must have people working on them.” He understood, as we all should, that balancing environmental conservation with economic vitality for rural communities is critical to our farming and forestry industries.