Vermont Act 250 Permitting

The Criteria

One of the hallmarks of DuBois & King, Inc. services in Vermont is our ability to secure Land Use Permits under Vermont's Act 250, recognized nationwide as being one of the most stringent environmental laws controlling development. Before granting a permit, the District Commission must ensure that the development or subdivision meets the following criteria:

1. Will not result in undue water or air pollution. This criterion deals with water and air pollution potential generally and such specific matters relating to water pollution as:
   1. Headwaters
   2. Waste disposal
   3. Water Conservation
   4. Floodways
   5. Streams
   6. Shorelines
   7. Wetlands
2. Has sufficient water available for the needs of the subdivision or development.
3. Will not unreasonably burden any existing water supply.
4. Will not cause unreasonable soil erosion or affect the capacity of the land to hold water.
5. Will not cause unreasonably dangerous or congested conditions with respect to highways or other means of transportation.
6. Will not create an unreasonable burden on the educational facilities of the municipality.
7. Will not create an unreasonable burden on the municipality in providing governmental services.
8. Will not have an undue adverse effect on aesthetics, scenic beauty, historic sites or natural area, and 8(A) will not imperil necessary wildlife habitat or endangered species in the immediate area.
9. Conforms with the Capability and Development Plan which includes the following considerations:
   1. The impact the project will have on the growth of the town or region;
   2. Primary agricultural soils;
   3. Forest and secondary agricultural soils;
   4. Earth resources;
   5. Extraction of earth resources;
   6. Energy Conservation;
   7. Private utility services;
   8. Costs of scattered developments;
   9. Public Utility services;
   10. Development affecting public investments; and
   11. Rural growth areas.
10. Is in conformance with any local or regional plan or capital facilities program.

The Process

The applicant's responses to these criteria are reviewed and judged by the District Commission. If the project meets all criteria, or will under certain conditions, the project will be approved, usually with specific conditions of development being attached by the Commission to ensure compliance.

This process also allows for significant public participation and input and there are often several individuals or organizations granted "party" status to the decision. If any of these parties are not satisfied with the decision of the District Commission, they can appeal to the Vermont Environmental Board. This 9-member, governor-appointed panel hears appeals and decides if the District Commission was in error on any or all points of contention and will either overturn the Commission's decision outright, uphold the existing decision, or may revise or add to the conditions attached to the permit (if approved). Certain parties not satisfied with the outcome at this level may appeal this decision to the Vermont Supreme Court.

While most states do not have laws as all-encompassing and comprehensive as Act 250, states do have regulations governing environmental concerns that are very similar to those covered under Vermont's Land Use permitting process.

Need More Information?

To learn more about what DuBois & King, Inc. can do to help you with your Act 250 Permitting needs please contact us.

For more information on Vermont's Act 250 visit the Vermont State Environmental Board and the District Commission webpage.

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