Introduction | Timeline | Meetings | Materials and Resources | Stakeholders | 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 late fall. 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
- October 2025 - ICAR review
- November 2025 - Hearing notice
- December 2025 - Public hearing and input
- January 2026 - Rule drafting, draft 3 (final)
- January 30, 2026 - File rule with LCAR
Meetings and Engagement
- Stakeholder Meeting #1 - April 23, 2025 2:00 p.m. - by invitation
- Public Engagement Meeting #1 - week of May 19-23 (date TBD) - evening - hybrid (in-person and remote participation available)
Materials and Resources
- Tier 3 Overview Presentation - March 17, 2025
- ANR map viewer - this map contains some resource areas under consideration for Tier 3 area designation
- 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
Stakeholders
More information coming soon. Stay tuned.
Comments and Contact
More information coming soon. Stay tuned.
Board Member and Tier 3 Project Lead - Alex Weinhagen - 802-480-1885