Vermont’s Land Use and Development Law, ACT 250 (1970)
Topics: Traffic/Sprawl | legislation
One of the earliest laws in the nation to coordinate statewide criteria for large-scale development, Act 250 requires developments of more than ten acres to obtain a land use permit from one of the State’s nine Environmental Commissions. Approval depends on meeting conditions that focus on the impacts of water and air pollution, energy conservation, and soil erosion. The law also requires that all development: be consistent with local land use policies; not cause unreasonable congestion or unsafe highway conditions; not place an unreasonable burden on the ability of towns to provide municipal or educational services; and not have an adverse effect on historic sites or rare and irreplaceable natural areas. The operating principle of this far-reaching law is to discourage scattered development by encouraging proposals to be contiguous to existing settlements. For the purposes of stopping an out-of-scale development, the public comment period is the time to make a compelling case that the criteria established in Act 250 are not being met. Decisions by District Environmental Commissions may be appealed to the State Environmental Board and ultimately the Vermont Supreme Court. The governor appoints members of both the district commissions and the state board.
