by Guy Page

A Senate bill that is likely to progress through the Senate would delay, but not eliminate, the ‘road rule’ opposed by Gov. Phil Scott and many rural landowners.

“The road rule’s not going anywhere,” Senator Seth Bongartz (D-Bennington) told VDC this morning in the State House cafeteria. 

The only question before Senate Natural Resources and Energy this morning is how far out to extend the implementation date, Bongartz, the committee vice-chair, said.

The Senate bill has a path to passage this year, unlike the House bill introduced by Rep. Gregg Burtt, which would eliminate the road rule and Tier 3 development regs in Act 181. Burtt’s bill is hanging on the wall of House Environment, chaired by land conservation champion Rep. Amy Sheldon.

The road rule is the sticking point in Act 250 reform legislation. The current law, Act 181, strictly limits rural development on parcels with 800 ft. or more of on-property or adjacent road. 

Critics say this restriction puts virtually all development under Act act 250 review, which is viewed as time-consuming expensive and often unfruitful. 

Governor Scott and other Republicans and some Democrats are arguing forcefully for new legislation to remove the road Rule and other onerous aspects of at 181. 

Veto of the Senate bill would only return Vermont to the Act 181 status quo, so road rule opponents in the State House say the bill, which also includes a study committee, may be the best realistic option on the table – even if it just “kicks the can down the road.”