Act 250 (Vermont law)

In the spring of 1970, the Vermont legislature passed Act 250, known as the Land Use and Development Act. Development pressures resulting from the opening of two interstate highways (I-89 and I-91) made access to the state much easier for year-round visitors, creating community concerns including road congestion, increased environmental problems, burden on local services, and rising taxes. Governor Deane C. Davis (Republican) appointed a study commission in 1969 to develop a statewide law to address these concerns, as no environmental regulations or land-use controls existed. A major contributor to the construction of the law was Laura G. Wheeler, in consultation with then Vermont Attorney General James Jeffords.

The law created nine District Environmental Commissions to review large-scale development projects using 10 criteria that are designed to safeguard the environment, community life, and aesthetic character of the state. They have the power to issue or deny a permit to real estate developers for any project that encompasses more than 10 acres (40,000 m²), or more than 1 acre (4,000 m²) for towns that do not have permanent zoning and subdivision bylaws. The law also applies to any development project with more than 10 housing units or housing lots; and may also apply for construction proposed above 2,500 feet (760 m) of elevation. Act 250 also created the Vermont Environmental Board to review appeals coming from District Commission rulings.

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Ten Criteria

The 10 Criteria are as follows:

The 10 criteria have changed little since the adoption of Act 250 in 1970. Efforts have been made over the years to make the permitting process work more efficiently, along with performance standards. Today, the District Commissions receive between 600 and 800 applications per year, and hold hearings on an average of 20% of these. They have an approval record of 98%, but this rate includes plans modified during the hearing process, with conditions typically attached to permits when granted.

Act-250 jurisdiction attaches forever to permits, except to permits for quarries and logging at elevations over 2,500 feet (760 m). These permits are allowed to close when the work required to complete them is complete. Unfortunately. there is not sufficient funding to support personnel to verify proper completion of the required activity, so the Act-250 office must rely on the permit applicant to truthfully verify completion.

One of the co-creators of Act 250 was Laura G. Wheeler of Barre Town, Vermont. Her highly successful campaign for state office having been cut short just before taking office due to medical limitations, she did not want to leave public service without ensuring a clean for future generations. That legacy took shape in the form of Act 250. She consulted frequently with the then Attorney General James Jeffords, who provided crucial guidance in the editing and perfecting Act 250 until it reached its final approved form. Laura Wheeler spear-headed the campaign, researching the topic fully and consulting with many experts to ensure its success. Others consulted and instrumental its creation include, but are not limited to: Howard Rusk of New York, Jeanne Garvin of Montpelier, VT and Lawrence Gurnette of Michigan.

Per interview with Mrs.Wheeler, her primary motive was to create a more beautiful Vermont by protecting clean rivers, the forest's ability to support clean air and abundant wildlife, and to preserve Vermont's natural resources of all kinds for generations to come. Of greatest concern was forest conservation and the prevention of excessive clear cutting. She presented and promoted this landmark legislation before Congressional committee, so other leaders would have opportunity to benefit from the template created by Act 250 and be encouraged to enact similar measures in their home states. It met with great approval, with many legislators commenting that it was 'a long time coming', 'and a much needed effort to protect the planet as a whole.'

District Commissions

External links and sources

See also