Introduction | Timeline | Meetings | Materials and Resources | Working Group | Contact and Comments | Act 181 Overview
Introduction
Tier 3 areas contain critical natural resources that merit consideration in the Act 250 permitting process. Moving to location-based Act 250 jurisdiction means reducing or eliminating Act 250 permitting in areas planned for growth (Tier 1 areas) and increasing Act 250 permitting in critical natural resource areas that lack suitable State-level review and protection (Tier 3 areas).
Act 181 (2024) mandated Act 250 jurisdiction for projects in Tier 3 areas as determined by the rules of the Board. During the rulemaking process, the Board will identify what resource areas will be included in Tier 3, where these resource areas are across Vermont, and what types of project will require an Act 250 permit in these areas.
The Tier 3 rulemaking process will kick off with stakeholder and public outreach in April and May 2025. Engagement will continue throughout the process, leading to proposed rules and a formal public hearing in early January 2026. The Board is required to deliver proposed final rules for Tier 3 areas by February 1, 2026 to the Legislative Committee on Administrative Rules (LCAR). Act 250 jurisdiction in Tier 3 areas, pursuant to the adopted rules, will begin on December 31, 2026.
Timeline
Timeline and milestones subject to change.
- April-May 2025 -Stakeholder engagement
- May 2025 - Public engagement
- June 2025 - Rule drafting, draft 1
- July-August 2025 - Stakeholder & Public input
- September 2025 - Rule drafting, draft 2
- November 2025 - ICAR review
- January 2026 - Public hearing and input
- January 2026 - Rule drafting, draft 3 (final)
- February 2026 - File rule with LCAR
- February-March 2026 - LCAR hearings
- April-May 2026 - Adopted rule filed and added to Act 250 website
- December 31, 2026 - Adopted rule takes effect (Tier 3 jurisdiction begins)
Meetings and Engagement
- Working Group meeting #1 - April 23, 2025 10:00 a.m. - by invitation
- Working Group meeting #2 - May 8, 2025 2:00 p.m. - by invitation
- Public Engagement Meeting #1 - May 22, 2025 6:00 p.m. - hybrid (in-person and remote participation available)
- Agenda
- In-person - Act 250 Hearing Room - 111 West Street, Building 2, Essex Junction, VT 05452
- Remote - join via Microsoft Teams (link located in the Agenda)
- Agenda
- Working Group meeting #3 - July 15, 2025 2:00 p.m. - by invitation
- Public Engagement meeting #2 - July 24, 2025 6:00 p.m. - hybrid (in-person and remote participation available)
- In-person - Rutland Regional Planning Commission, 16 Evelyn Street, 2nd floor, Rutland, VT 05701
- Remote - join via Microsoft Teams (link to be posted week of the meeting)
Materials and Resources
- Tier 3 Overview Presentation - March 17, 2025
- ANR preliminary analysis - information and perspective on six resource areas for Tier 3 consideration
- ANR map viewer - this map contains some resource areas under consideration for Tier 3 area designation
- Below are some tips for navigating the map viewer
- Click on the Map Layer icon in the upper right - looks like three sheets of paper on top of each other. Brings up a box so you can turn layers on and off.
- Click on the Legend icon to the right of the map layer name - looks like a bullet list of items.
- Start by turning off all the layers except the Vermont Basemap layer. Then turn on one layer at a time.
- The Vermont Conservation Design (VCD) Connectivity Block layer is missing a legend. The darker gold shows the Highest Priority Connectivity Blocks. The lighter yellow shows the Priority Connectivity Blocks.
- Some of the map layers (particularly the Road Rule layer) are hard to see with the default imagery background/basemap. Some layers are much easier to see if you change the basemap gallery to “Terrain w/ labels”. Click on the “Basemap Gallery” icon that looks like four squares – to the right of the Map Layers icon. Scroll down the list of backgrounds to select the “Terrain w/ labels”.
- Below are some tips for navigating the map viewer
- Act 181 Statutory language - see pages 29-32 for Tier 3
- Specific Statutory Language for Tier 3 - “Tier 3” means an area consisting of critical natural resources defined by the rules of the Board. The Board’s rules shall at a minimum determine whether and how to protect river corridors, headwater streams, habitat connectors of statewide significance, riparian areas, class A waters, natural communities, and other critical natural resources. 10 V.S.A. § 6001(46).
(3)(A) “Development” means each of the following: … (xiii) The construction of improvements for commercial, industrial, or residential purposes in a Tier 3 area as determined by rules adopted by the Board. 10 V.S.A. § 6001(3)(A)(xiii).
- Specific Statutory Language for Tier 3 - “Tier 3” means an area consisting of critical natural resources defined by the rules of the Board. The Board’s rules shall at a minimum determine whether and how to protect river corridors, headwater streams, habitat connectors of statewide significance, riparian areas, class A waters, natural communities, and other critical natural resources. 10 V.S.A. § 6001(46).
- Act 250 Statute
Working Group
- Act 181 of 2024 required the creation of a working group to provide input to the Land Use Review Board in its Tier 3 rulemaking process. The Board will seek input from both the working group and the public throughout the rulemaking process.
- Working Group List
- Working Group meeting #1 - Meeting Summary
Comments and Contact
Submit questions and comments via email.
You can also reach out directly to Board Member and Tier 3 Project Lead - Alex Weinhagen - 802-480-1885