Commentary

Kinsley: A piece of the puzzle?

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A reaction to Scott’s Executive Order on Housing

by Ben Kinsley

As Vermonters, many of us have felt the pinch of our state’s housing shortage. Although we may not realize it; our state’s housing crisis manifests itself in our high rents, short-staffed workplaces, increasing property-tax burden, aging population, and rising healthcare costs. Making our state inaccessible to young working families has significant consequences.

With an annual deficit of over 5,000 housing units, families are being priced out, young people are leaving, and our economy is suffering. Last week, Governor Scott signed Executive Order (EO) 06-25, a sweeping directive aimed at promoting housing construction and rehabilitation. As a public policy wonk, I dug into this EO in an attempt determine if it’s simply bureaucratic tinkering or if it’s a bold attempt to cut red tape, lower costs, and get more homes built.

While it’s too early for hard data on outcomes, the order’s provisions could deliver real relief if implemented effectively. I will also say, there’s much more to it than our Vermont news outlets portrayed. Most coverage cast this action as a rollback of energy efficiency measures (which were already among the most stringent in the country), but there is much more to it than that. The actual text of the EO stretches for ten pages and contains eight different provisions.

Ben Kinsley

Let’s break down its potential impacts on cost savings for homeowners, housing production, and permitting speeds. First, consider the cost savings for everyday Vermonters. Housing in our state has become unaffordable partly due to stringent regulations that drive up the cost of construction. This has been repeatedly pointed out by the bipartisan group Let’s Build Homes.

The order tackles one of these regulatory hurdles by offering flexibility in energy standards: Builders can now choose between the 2020 or 2024 Residential Building Energy Standards (RBES) by avoiding somewhat costly upgrades like advanced air sealing. Estimates for the cost of compliance with these measures ranges from $1,000 to $12,000.

This move prioritizes affordability without abandoning environmental obligations, as the Department of Public Service will continue training and encouraging higher standards voluntarily and the 2020 standards are still some of the highest in the country. Of course, critics might worry about long-term energy bills, but the order mandates a 2026 report to analyze these trade-offs, ensuring decisions are data-driven.

Additionally, the EO directs agencies to propose fee reductions for multi-family projects targeting median-income families and allows fee deferrals until project completion. These changes could ripple through to lower rents and home prices—critical when a quarter of Vermont renters already spend over 50% of their income on housing

The EO also relaxes wetlands regulations—limiting oversight to mapped Class II wetlands and shrinking buffers to 25 feet in designated growth areas like downtowns and opportunity zones—providing developers with greater certainty and faster approvals. This intended to unlock growth for programs like the Vermont Housing Improvement Program, which has rehabbed about 1,000 units since 2020 at roughly $40,000 (in state funds) each.

The order also requires state agencies to inventory underutilized public lands by December 2025 for housing development, offering below-market sales or long-term leases to builders. Additionally, extending the Brownfields Economic Revitalization Alliance further targets contaminated sites for redevelopment. Early commentary from legal experts calls this “the most ambitious reform effort to date” for Vermont’s inadequate supply. While the scale depends on private investment, these steps could help close the 5,000-unit gap, especially in counties losing working-age residents.

Finally, one of the order’s (potentially) strongest provisions is speeding up the notoriously slow permitting process, which critics have long argued deter investment. Agencies must now prioritize housing applications, halve discretionary review periods (aiming for 50% faster turnaround), and issue decisions within 60 days of hearings—or deem them approved if deadlines are missed.

Concurrent reviews across departments, rather than sequential ones, are intended eliminate bottlenecks, and a new multi-disciplinary team will meet weekly to fast-track large projects. The order even requests judges to prioritize housing appeals, potentially resolving frivolous delays that scare off capital investments.

To illustrate the potential, here’s a snapshot of how the order might impact different aspects of production:

Aspect of Housing ProductionKey Provisions in EO 06-25Potential Effect
New UnitsEnergy code flexibility, wetlands modificationsHigh – Could encourage thousands more units annually by reducing costs and delays
Rehabbed/Converted UnitsPriority for rehabs, state land inventoryMedium – Enhances programs like VHIP, targeting units at affordable rates
Multi-Family/Shelter FocusFee reductions, multi-disciplinary team coordinationHigh – Prioritizes affordable and mixed-use projects in growth areas

What is the core takeaway here? There are tradeoffs with almost anything we do in the public policy space. However, I believe the goal here should addressing the need for and accessibility of affordable housing, particularly owner-occupied housing that is accessible to young families and builds generational wealth. If we can reduce friction, real or perceived, that is a win. After all, a new home (even built to the 2020 standard) will be significantly more efficient than a home built in 1975 (the average for Vermont’s housing stock). If we want to improve the efficiency of our housing stock, new and rehabilitated housing is the way to do it.

In a state where well-intentioned regulations have sometimes backfired, the Governor’s executive order seems to strike a pragmatic balance: It maintains federal environmental safeguards and health protections while urging reforms to move Vermont forward in addressing our housing shortage. Environmental advocates may raise valid concerns about relaxed standards, but the order’s focus on designated areas and rulemaking by 2026 suggests a measured approach that still maintains high environmental and energy efficiency standards.

As Governor Scott noted in his announcement, this is about ensuring “affordability and the State’s economic vitality.” Vermonters should watch closely—contact your legislators to support these efforts, and hold agencies accountable through the upcoming reports.

Author is Campaign for Vermont’s Executive Director.


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Categories: Commentary, Housing

1 reply »

  1. This is a great step in the right direction.

    On this topic, I would like to suggest two observations:

    1) It seems like a fact that there is a housing shortage, but is it really a shortage and not just an affordability issue? The population of Vermont as a whole does not seem to be increasing dramatically. While more people do seem to be moving to the larger population centers, housing prices in rural areas continue to escalate. This is just my impression from looking at real estate prices on website listings and from looking at unofficial population trends. I could be wrong. If it is the case, then increasing production of units won’t do much good if people still can’t afford them.

    2) Regulatory restrictions do seem to cause cost increases, so I’m glad the governor is addressing this aspect. However, there is another reason for the escalation of housing costs that has not been discussed: The Federal Home Loan Programs. The programs (e.g. First time home buyers) enable people to overbid on homes by leveraging the federally backed money supply. Sure, it enables people to get into a home, but it also unrealistically inflates the price homes sell for. The old rule of thumb for affordability was that you should only spend 3 to 4 times your annual income on a home. It’s still a good rule of thumb. These federal programs allow people to spend much higher amounts. Of course, the selling price of homes (even old homes that don’t meet today’s energy standards) will rise to meet the available money supply. Then, of course, rent prices follow the real estate market.

    That said, having been involved in new home construction to a small degree, I can attest to the fact that building costs are no joke. The most modest stick built home you can imagine costs over $300 per square foot these days, even if you put in sweat equity. Not including the land to put it on or the site design.

    The housing affordability problem will only be solved once the problems in our economy are solved. One clue to solving a broken economy: When close to 50% of the average worker’s income goes to local, state, and federal taxes, supporting a bureaucracy that does not contribute in terms of real goods or services, then you might expect the * economy * to be broken.