Vermont H 730: An act relating to alcoholic beverages and the Department of Liquor and Lottery

Bill Text

BILL AS INTRODUCED H.730
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VT LEG #385014 v.4
H.730 1
Introduced by Representatives Sibilia of Dover, Hango of Berkshire, Priestley 2
of Bradford, Boyden of Cambridge, Bartley of Fairfax, Carris 3
Duncan of Whitingham, Demar of Enosburgh, Dickinson of St. 4
Albans Town, Feltus of Lyndon, Gregoire of Fairfield, Harple 5
of Glover, Higley of Lowell, Hooper of Randolph, Labor of 6
Morgan, Lipsky of Stowe, Masland of Thetford, Morrow of 7
Weston, Nelson of Derby, North of Ferrisburgh, Noyes of 8
Wolcott, O’Brien of Tunbridge, Olson of Starksboro, Pritchard 9
of Pawlet, Southworth of Walden, Sweeney of Shelburne, 10
Tagliavia of Corinth, White of Waitsfield, White of Bethel, and 11
Yacovone of Morristown 12
Referred to Committee on 13
Date: 14
Subject: Conservation and development; land use; Act 250; Tier 3; property 15
valuation 16
Statement of purpose of bill as introduced: This bill proposes to make changes 17
to the Act 250 Tier 3 rules, require notice to property owners about Tier 2 and 18
3, and require the Department of Taxes to consider impacts on the fair market 19
value due to the requirements of Act 250. 20

BILL AS INTRODUCED H.730
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VT LEG #385014 v.4
An act relating to Act 250 location-based jurisdiction 1
It is hereby enacted by the General Assembly of the State of Vermont: 2
Sec. 1. 2024 Acts and Resolves No. 181, Sec. 22 is amended to read: 3
Sec. 22. TIER 3 RULEMAKING 4
(a) The Land Use Review Board, in consultation with the Secretary of 5
Natural Resources, shall adopt rules to implement the requirements for the 6
administration of 10 V.S.A. § 6001(3)(A)(xiii) and 10 V.S.A. § 6001(46) and 7
(19). It is the intent of the General Assembly that these rules identify critical 8
natural resources for protection. The Board shall review the definition of Tier 9
3 area; determine the critical natural resources that shall be included in Tier 3, 10
giving due consideration to river corridors, headwater streams, habitat 11
connectors of statewide significance, riparian areas, class A waters, and natural 12
communities; any additional critical natural resources that should be added to 13
the definition; measures to ensure that no municipality or region is 14
disproportionately impacted by Tier 3 designation that would limit reasonable 15
opportunities for Tier 1 or Tier 2 designations; and how to define the 16
boundaries. Rules adopted by the Board shall include: 17
(1) any necessary clarifications to how the Tier 3 definition is used in 18
10 V.S.A. chapter 151, including whether and how subdivisions would be 19
covered under the jurisdiction of Tier 3; 20

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VT LEG #385014 v.4
(2) any necessary changes to how 10 V.S.A. § 6001(3)(A)(xiii) should 1
be administered and when jurisdiction should be triggered to protect the 2
functions and values of resources of critical natural resources; 3
(3) the process for how Tier 3 areas will be mapped or identified by the 4
Agency of Natural Resources and the Board; 5
(4) other policies or programs that shall be developed to review 6
development impacts to Tier 3 areas if they are not included in 10 V.S.A. 7
§ 6001(46); and 8
(5) if a critical natural resource area is not recommended for protection 9
under Tier 3, it shall be identified in the rule, and a rationale shall be provided 10
as to why the critical resource was not selected for Tier 3 protection; 11
(6) a definition of de minimis residential construction that will not 12
trigger jurisdiction, which may include installation or improvements to a 13
wastewater system and installation of a shed less than 200 square feet in size; 14
and 15
(7) if a criterion under 10 V.S.A. § 6086 is not recommended for review 16
under Tier 3, it shall be identified in the rule, and a rationale shall be provided 17
as to why the criterion is not required for Tier 3 protection. 18
* * * 19
(c) The Board shall file a final proposed rule with the Secretary of State 20
and Legislative Committee on Administrative Rules on or before February 1, 21

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2026 2027. After the Land Use Review Board files the rule with the 1
Legislative Committee on Administrative Rules, it shall submit a report 2
describing the rules and the issues reviewed under this section to the House 3
Committee on Environment and Energy and the Senate Committee on Natural 4
Resources and Energy. 5
(d) During the rule development, the stakeholder group established under 6
subsection (b) of this section shall solicit participation from representatives of 7
municipalities and landowners that host Tier 3 critical resource areas on their 8
properties to determine the responsibilities and education needed to 9
understand, manage, and interact with the resources. 10
(e) At least 30 days before a public meeting is going to be held on the 11
proposed Tier 3 rules, the Board shall mail written notice to every property 12
owner within a Tier 2 or