Different thresholds for Act 250 Jurisdiction
The Vermont Legislature has structured Act 250 to encourage municipalities to adopt and maintain robust zoning and subdivision bylaws. In municipalities with such bylaws, the thresholds requiring an Act 250 permit are higher than they are in municipalities without such bylaws in place. Therefore, if you live in a city or town without strong zoning and subdivision bylaws, you might need an Act 250 permit to undertake a smaller project than you would in a town with stronger land use regulations.
Act 250 uses the land area of a tax parcel (or parcels) as a proxy for the size of a commercial development. In municipalities with robust zoning and subdivision bylaws, the threshold for needing an Act 250 permit for a commercial development is a tax parcel (or parcels) of 10 acres or greater. People use the verbal shorthand “10-acre” municipalities to refer to these cities and towns. In municipalities without robust zoning and subdivision bylaws, the threshold is a tax parcel (or parcels) of 1 acre or greater. In the Act 250 context, these cities and towns are referred to as “1-acre” municipalities.
In addition to its jurisdiction over commercial development projects, Act 250 regulates subdivisions. In “10-acre” municipalities, a person can subdivide more lots without needing an Act 250 permit than in a “1-acre” municipality. Act 250 district coordinators are available to assist the public in determining which subdivision or development projects need a permit.
Since at least 1999, the Board has maintained a list of 1- and 10-acre municipalities for the purposes of "development" under 10 V.S.A. § 6001(3) and "subdivision" under 10 V.S.A. § 6001(19). Villages within municipalities are listed separately on the list when they have separate zoning and subdivision regulations.
The Board updates this list on a rolling basis and at the request of a duly authorized municipal representative. The list does not take the place of a district coordinator’s determination in a written jurisdictional opinion. District coordinators, district commissions, and the Board will determine whether a municipality is a 1-acre or 10-acre municipality based on the latest information available at the time the determination is made. Therefore, such determinations might differ from the designations on the list.
Modifications to the List
Cities or Towns may request that the Board modify the list by submitting information to the Board for review as follows:
- Review the most current version of the 1-Acre and 10-Acre Municipality List to determine whether your municipality is listed in the correct category. Municipalities without duly adopted zoning and subdivision bylaws (1-acre municipalities) are listed in the column on the left. Municipalities with duly adopted zoning and subdivision bylaws (10-acre municipalities) are listed in the column on the right.
- If your municipality is listed as a 10-acre municipality, and you believe that it should be listed as a 1-acre municipality, please send an email explaining the error, and attach a completed Municipal Certification form.
- If your municipality is listed as a 1-acre municipality, and you believe that it should be listed as a 10-acre municipality, please send an email formally requesting the change and attach a completed Municipal Certification form. To qualify for 10-acre municipality status, municipalities must satisfy strict statutory requirements. Requestors might find the 10-Acre Municipality Checklist helpful for ensuring consistency with these requirements.
- You will receive an email from the Board with its determination regarding your request to modify the list.
If you have questions, contact the Board's Executive Director.