Vermont S 325: An act relating to regional planning and Act 250 Tier jurisdiction

Bill Text

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No. 152. An act relating to regional planning and Act 250 Tier
jurisdiction.
(S.325)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Act 181 Repeals * * *
Sec. 1. 2024 Acts and Resolves No. 181, Sec. 19 (road jurisdiction) is
amended to read:
Sec. 19. [Deleted.]
Sec. 2. 2024 Acts and Resolves No. 181, Sec. 21 (Tiers 2 and 3) is amended to
read:
Sec. 21. [Deleted.]
Sec. 3. 2024 Acts and Resolves No. 181, Sec. 114 is amended to read:
Sec. 114. EFFECTIVE DATES
This act shall take effect on passage, except that:
(1) Secs. 12 (10 V.S.A. § 6001), and 13 (10 V.S.A. § 6086(a)(8)), and
21 (10 V.S.A. § 6001) shall take effect on December 31, 2026 January 1, 2028;
(2) Sec. 19 (10 V.S.A. § 6001(3)(A)(xii)) shall take effect on July 1,
2026; [Deleted.]
* * *
Sec. 4. REPEAL
2024 Acts and Resolves No. 181, Sec. 22 (Tier 3 rulemaking) is repealed.
Sec. 5. REPEAL
2024 Acts and Resolves No, 181, Sec. 34 (Tier 2 area report) is repealed.

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* * * Act 250 * * *
Sec. 6. 10 V.S.A. § 6081 is amended to read:
§ 6081. PERMITS REQUIRED; EXEMPTIONS
* * *
(t)(1) No permit or permit amendment is required for the construction of
improvements for an accessory on-farm business for the storage or sale of
qualifying products or the other eligible enumerated products as defined in
24 V.S.A. § 4412(11)(A)(i)(I).
(2) No permit or permit amendment is required for the construction of
improvements for an accessory on-farm business for the preparation or
processing of qualifying products as defined in 24 V.S.A. § 4412(11)(A)(i)(I),
provided that more than 50 percent of the total annual sales of the prepared or
processed qualifying products come from products produced on the farm
where the business is located. This subsection shall not apply to
(3) No permit or permit amendment is required for the construction of
improvements related to hosting events or farm stays as part of for an
accessory on-farm business of educational, recreational, or social events that
feature agricultural practices or qualifying products, or both, as defined in
24 V.S.A. § 4412(11)(A)(i)(II). Types of events may include concerts and
farm stays with five or fewer dwelling units. To qualify for this exemption, the
accessory on-farm business shall not:

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(A) have noise exceed 70 dB at the property boundaries; and
(B) have events that continue past 10:00 p.m.
(4) For purposes of this subsection, “feature agricultural practices or
qualifying products” means that a host farm’s agricultural practices or its
qualifying products are a substantial component of any educational,
recreational, or social event the accessory on-farm business hosts.
* * *
(z)(1) Notwithstanding any other provision of this chapter to the contrary,
no permit or permit amendment is required for any subdivision, development,
or change to an existing project that is located entirely within a Tier 1A area
under as established in section 6034 of this chapter.
(2) Notwithstanding any other provision of this chapter to the contrary,
no permit or permit amendment is required within a Tier 1B area approved by
the Board under section 6033 of this chapter for 50 units or fewer of housing
on a tract or tracts of land involving 10 acres or less or for mixed-use
development with 50 units or fewer of housing on a tract or tracts of land
involving 10 acres or less.
(3) Upon receiving notice and a copy of the permit issued by an
appropriate municipal panel pursuant to 24 V.S.A. § 4460(g), a previously
issued permit for a development or subdivision located in a Tier 1A area shall
remain attached to the property. However, neither the Board nor the Agency
of Natural Resources shall enforce the permit or assert amendment jurisdiction

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on the tract or tracts of land unless the designation is revoked or the
municipality has not taken any reasonable action to enforce the conditions of
the permit.
* * *
(dd) Interim housing exemptions.
(1) Notwithstanding any other provision of law to the contrary, until
January 1, 2027 2028, no permit or permit amendment is required for the
construction of housing projects such as cooperatives, condominiums,
dwellings, or mobile homes, with 75 units or fewer, constructed or maintained
on a tract or tracts of land, located entirely within the areas of a designated new
town center, a designated growth center, or a designated neighborhood
development area served by public sewer or water services or soils that are
adequate for wastewater disposal. Housing units constructed pursuant to this
subdivision shall not count towards the total units constructed in other areas.
This exemption shall not apply to areas within mapped river corridors and
floodplains except those areas containing preexisting development in areas
suitable for infill development as defined in 29-201 of the Vermont Flood
Hazard Ar