As part of a statewide initiative that looks to balance environmental conservation with the need for more housing, the Burlington City Council is learning more about intended uses for nearby land.
Last year, Vermont’s Legislature passed Act 181, a law meant to streamline housing development across the state, in part, by rolling back environmental rules to ease the permitting process.
As part of that initiative, the city of Burlington is now in the process of reviewing its future land use map.
Burlington Office of City Planning Director Charles Dillard explained that the council is being asked to conduct such a review to meet an August deadline to vote on and adopt land use designations.
“This map would establish the land use designations. This is not the sort-of final word on this,” Dillard noted. “Next year, once the regional planning commission adopts their own land use plan, Burlington will be able to apply for Tier-1A status, which is the full exemption from Act 250. I know that is top of mind for a lot of folks and that is something about which we have some time to consider.”
The work in Vermont comes as conversations about the tension between environmental protection and housing development are happening across the country. Notably, California voted earlier this month to reform its decades-old environmental law to make way for more housing.
Act 250 is Vermont’s statewide environmental zoning law passed in the 1970s.
At Monday’s council meeting, Chittenden County Regional Planning Commission Senior Planner Kate McCarthy explained that Act 181 intends to promote housing by changing how the state does regional planning with a new map that includes 11 uniform statewide categories.
“And what’s important about those categories is that we’re identifying areas planned for growth. We’re identifying areas that are going to have less growth and we’re identifying areas that are going to be status quo,” explained McCarthy. “Once we’ve done that planning together with our communities at the regional planning commission level the state can then target investments like tax credits and transportation dollars and the state can right-size regulation in those areas planned for growth.”
Once the regional plan and map is approved, McCarthy said the city of Burlington can then opt for one of two tiers related to Act 250 regulations.
“Tier-1A means commercial and residential development are exempt from Act 250. If you opt into Tier-1B that’s a partial exemption for fifty residential units or fewer,” McCarthy said. “Commercial development still goes through Act 250. Act 250 is one layer. Zoning still applies. State permits still apply for wetlands, for access management, for stormwater. All of those things remain in place.”
Color-coded maps were presented for city councilors to review potential growth areas within Burlington. Ward 8 Progressive Marek Broderick queried McCarthy about the Act 250 exemptions.
“My question is a high level explanation of what a Act 250 exemption entails, please,” Broderick inquired.
“Act 250 is a state-level environmental review law passed in the 70’s. Currently whether or not you go through that review process depends on how big your project is,” McCarthy noted. “With Act 181 now whether or not something goes through Act 250 depends on where it’s located with the idea being that if an area is planned for growth there is less of a need for regulation
Ward 2 Progressive Gene Bergman felt community engagement and consideration of the criteria’s feasibility will be a crucial part of the process.
“In looking at the criteria for either of those two tiers, I mean, it seems as if we meet them. Having clarity about that and what the ramifications are of the choice, that I think will be something that the public as well as us as decisionmakers are going to need,” Bergman told the planners.
County planners will bring recommendations from each municipality to a long-range planning committee that will then vote on a full regional plan.
