by Rob North
“…This land is my land.” Woody Guthrie’s prophetic words from his 1944 song may become realized in the new Act 181 (think Act 250 2.0) that was enacted over Governor Scott’s veto by the Democratic supermajority in 2024. The land that you think is “your land” might well become “my land” in the State’s eyes. The time is NOW for you to find out how the State’s Act 181 may impact your use of your own land.
The Land Use Review Board (LURB), created by Act 181, is working through the rulemaking process now to divide up all land in Vermont into designated Tier 1A/1B, Tier 2, and Tier 3 areas. The intent is to encourage development in concentrated downtown areas (Tiers 1A and 1B) and discourage development in areas that should be environmentally protected (Tier 2 and especially Tier 3). The question at stake is how to achieve a proper balance of human thriving and experience, affordability, equity, property rights, and environmental stewardship. No trivial task!
Act 181 implementation uncertainty is creating fear on all ends of the spectrum. Some fear that an over emphasis on environmental protection will violate existing property owners’ rights and push all people into “concentrated animal feeding operations” (CAFO), a term usually reserved for large agricultural operations. On the other end of the spectrum, environmentalists fear suburban sprawl and the loss of Vermont’s special ecosystems and species. The LURB is trying to find a happy medium. This affects YOU!
The bottom line is that any designation of land as “Tier 3” or “wetlands” or other potential regulatory designations such as “Road Construction Jurisdiction” (the feared “Road Rule”) or “VCD Connectivity Blocks” will all add layers of regulation and permitting on land that is owned by Vermonters, thus making it much more difficult and expensive to build on. Simple economics of supply and demand tells us that with the finite supply of Vermont land, the more of it we regulate to restrict development, the more expensive will become the remaining developable land.
This isn’t all bad. We do want to conserve the natural beauty of Vermont. But we also need to respect the rights of property owners and consider the equity of the imposed restrictions. Regulations don’t absolutely prevent development, they just make it much more expensive, enabling only the wealthy to afford to build in the more rural areas that many would consider to be the most picturesque, most conducive to healthy wellbeing, and where many current land owners tend to be less wealthy.
As part of the rule-making process, the LURB has constructed draft Future Land Use (FLU) maps. These maps are taking what originated from the Vermont Conservation Design (VCD), that was never intended to be used for regulatory purposes, and transitioning them into regulatory use.
The rule-making process requires public engagement and that engagement period is NOW. If you are concerned about your land (and/or your neighbor’s, your family’s, your friend’s lands) and how it is being proposed to be designated by the State, NOW IS THE TIME to view these maps and see what is planned. Current law does NOT require the rule-making process to pro-actively notify landowners about the designation of their land! YOU must figure it out yourself and actively engage in the comment process NOW.
I HIGHLY RECOMMEND you access the proposed Tier 3 Future Land Use map HERE.
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 show the meaning of each of the color shaded areas. If you feel really brave, check the box to enable “Reference Areas” and especially the “Road Construction Jurisdiction” and “VCD Connectivity Blocks” to see just how much of Vermont is really being affected by this new law. Very eye-opening!
You can submit questions and comments via email to the LURB HERE. You can also reach out directly to the LURB Board Member in charge of the Tier 3 Project, Alex Weinhagen, at this number: 802-480-1885.
To access the Tier 3 rule making report, click HERE.
For general information about Act 181: Modernizing Land Use Review click HERE.
There is legislation in play this year that could either reduce or further increase the land use impacts already imposed 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 cost
- H.602 – Repeal the “Road Rule” permit requirement and extend Act 250 relief
- H.730 – Require notification & property tax reduction for Act 250/181 designation impacts
- H.805 – Streamline Act 250 permitting & provide property tax relief for restrictive land use designations
- H.749 – Remove requirements to permanently preserve 30% and ultimately 50% of Vermont land from Act 59
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 Forest Parks and Recreation and significantly restrict access to them.
I recognize this is very complex. I’m happy to answer any questions and concerns you may have to the best of my ability. Contact me at my website below.