By Guy Page
A Republican lawmaker is preparing legislation to roll back a controversial provision of Vermont’s Act 250 land-use reform, arguing it unfairly targets rural property owners.
Rep. Greg Burtt (R-Cabot) said he is developing a bill to repeal the so-called “Road Rule” included in Act 181, the sweeping Act 250 reform package passed by the Legislature’s 2024 Democratic supermajority. The provision places any development on a private road 800 feet or longer automatically under Act 250 jurisdiction, regardless of project size or environmental impact. It takes effect July 1 – hence Burtt’s effort to introduce a bill to rid Act 250 of what he believes is an onerous provision.
Burtt said the rule disproportionately affects rural Vermont, where long private roads are common. He estimates that roughly 90% of rural land in the state is accessed by extended private drives. “That’s a real red flag,” Burtt said, arguing the provision would not have passed without the supermajority, which overrode Gov. Phil Scott’s veto.
Burtt compared the Road Rule to other major policy initiatives passed in recent years, such as renewable energy mandates and the Clean Heat Act, which have also drawn criticism from rural residents.
Opponents, including Burtt, say the rule could add costs, delays, and regulatory hurdles for homeowners, farmers, and small-scale builders.
Burtt said repealing the Road Rule is one of his main legislative priorities in the second year of his first biennium. “It’s really frustrating to come in during my first session and try to undo things,” he said, but added that sending a strong message is important. “This is about letting the Land Use Review Board know that rural Vermonters have serious issues with how Act 250 is being reworked.”
The bill has been drafted and assigned a bill number, Burtt said, and he is actively seeking co-sponsors. Even if the repeal effort does not pass this session, Burtt hopes it will influence the ongoing rulemaking process by the Land Use Review Board, which is responsible for implementing Act 181.
The Land Use Review Board administers the Act 250 program.The Board’s primary responsibility is accountability for fair, efficient and effective administration of Act 250’s land use permitting program. This includes management of five Act 250 district offices, recruitment, training, supervision of staff, and providing administrative and technical guidance and oversight support to nine district commissions. Click here for the appointed members of the Land Use Review Board.
Burtt encouraged Vermonters to weigh in by contacting the Land Use Review Board directly, saying public input could affect how the new rules are ultimately applied across the state.