The Land Use Review Board Act 181 of the 2024 Vermont Legislative Session modified Act 250, Vermont’s land use law. The Land Use Review Board has published Frequently Asked Questions (FAQs) to explain the changes under Act 181, the ongoing roll out of Act 181, and address concerns raised by Vermonters.
In the Frequently Asked Questions, the Board provides up-to-date and factual answers to questions posed about the regional planning process, future land use maps, Tier 3, and road construction jurisdiction (aka road rule).
The Land Use Review Board is striving to engage the public in its work and recognizes the need to provide straight-forward answers to questions it receives. The Frequently Asked Questions will provide current information which can be updated as work continues to evolve.
Many of the questions and concerns raised with Act 181 involve Tier 3 and road construction jurisdiction. The Board is required by Act 181 to implement both by the end of the year. We recognize the need for more public input, and the Board has requested that the Legislature extend the timeline to implement Tier 3 and road construction jurisdiction.
The Board recognizes the need for more time for the necessary rulemaking processes and to ensure a robust public engagement process that provides multiple opportunities for feedback.
Just as importantly, Vermonters need more time to learn about and prepare for these statewide land use permitting changes. The Board wants to raise awareness and welcome more Vermonters to the table to help us implement Act 250 changes in a meaningful and practical way. We need more time to make this happen. A bill passed by the Vermont senate and currently being considered by the House (S.325) would provide this extension for Tier 3 and the new road construction trigger.
Road Construction Jurisdiction. This is a new trigger for Act 250 that will become effective July 1, 2026, unless the legislature pushes out the effective date. With this trigger, the construction of a road or roads and any associated driveways may trigger Act 250 when the length of any single road is greater than 800 feet, or the length of all roads and any associated driveways in combination is greater than 2,000 feet. The Board recognizes the need for clarity as the current July effective date approaches and has drafted guidance to help. The Board is seeking public comment on this draft guidance. Draft guidance may be reviewed here: https://act250.vermont.gov/road-construction-jurisdiction. Public input on the guidelines may be submitted to [email protected] by April 30, 2026.
Tier 3 Mapping and Rulemaking. Act 181 established jurisdictional tiers for Act 250, including Tier 3 areas of critical natural resources. The legislature required the Board to develop Tier 3 areas and rules in consultation with the Agency of Natural Resources and convene a named stakeholder group. The Board has also been reaching out to municipalities and landowners that would be affected by the proposed rule.
The Land Use Review Board released a preliminary draft of the Tier 3 mapping and rules in October 2025, after several months of discussions with the 25-member Tier 3 Stakeholder Group. We held four public engagement sessions across Vermont in October 2025. We’ve continued to receive feedback from the public and the Tier 3 Stakeholder Group, and we have been working on revisions to address that feedback.
We hope to have revised draft Tier 3 mapping and rules to share in late April, after which we plan extensive public engagement in May and June. More refinements will follow, with the goal of having a draft rule and mapping ready for a third round of public engagement and input by late summer 2026. The Board will then finalize the draft rule based on that input and submit the proposed rule to the Legislature. Tier 3 jurisdiction goes into effect on December 31, 2026, unless this date is delayed by the legislature.
The Tier 3 rulemaking process is designed to be iterative with public input at each stage. Rather than release a fully baked product and ask for feedback at the end of the process, the Land Use Review Board has intentionally sought to inform and hear from Vermonters at the beginning, middle, and end of the rulemaking process.
We are in the first round of three public input periods on this work. The many community meetings and conversations with landowners are incredibly helpful! We are committed to continuing that conversation and improving the Tier 3 draft mapping and draft rules at each step in the process based on public input. Be sure to check out the FAQ for answers to commonly asked questions about Tier 3.
For more information on Act 250, Act 181, or the contents of this release, visit the Act 250 program website https://act250.vermont.gov/.
4.13.2026. MONTPELIER – The Land Use Review Board.
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