Act 181 & Windham
Act 181 and Windham
Lately, the Planning Commission has been focused on trying to understand how Act 181 may affect Windham. Act 181, which the legislature passed over Gov. Scott’s veto in June of 2024, currently is being fine tuned by the Land Use Review Board (LURB) and will become effective as of Dec. 31, 2026.
Act 181 creates a statewide land use plan and land use maps designed to guide future development in Vermont. A major goal is to encourage development, including the construction of much needed affordable housing, in downtowns and village centers, which already are densely settled and have municipal sewer and water infrastructure. Construction projects in these Tier 1A zones receive a full exemption from Act 250, which can be an expensive and time consuming process. In nearby neighborhoods (Tier 1B) housing projects of 50 units or less, on 10 acres or less, will be exempt from Act 250. Concentrating growth in Tier 1 hopefully will help address Vermont’s housing crisis while preventing urban sprawl and preserving Vermont’s rural landscape.
Another goal of Act 181 is to protect especially important environmental areas which include the headwaters of streams, endangered species, forest connectivity blocks and wildlife corridors. Development in these Tier 3 areas will be subject to Act 250 jurisdiction. Unsurprisingly, parts of Windham lie within Tier 3.
While Tier I and Tier 3 pertain to a relatively small amount of land in Vermont, most of the state (including most of Windham) will be in Tier 2, where Act 250 jurisdiction remains unchanged, with one controversial exception. The Road Rule, slated to take effect on July 1, requires an Act 250 review for any new private road longer than 800 feet, or a combination of roads and driveways longer than 1200 feet. The Road Rule, which is intended to protect wildlife crossings and habitat connectors, has been objected to by Gov. Scott and some state legislators. It is under review and it remains to be seen if it will go into effect on July 1.
Needless to say, Act 181 is complicated. The Planning Commission devoted its entire February meeting to studying the law and looking at a draft future land use map created by the Windham Regional Commission which was designed to help us understand the specific districts within Tiers 1, 2 and 3. Matt Bachler, of the WRC, will attend our March 9 Planning Commission meeting, which will begin at 6:30 PM. This will be both an in-person and online meeting. I urge members of the public to attend if they want to learn more about how Act 181 may affect Windham, and perhaps their property. I will post a written notice for that meeting at least two days in advance on the bulletin boards at the Meeting House and Town Office. The notice, which will contain the site of the meeting (at the Schoolhouse) and the Zoom link, which is posted on the Town Calendar.
Also, the WRC will host a virtual public meeting on Tuesday, March 17th at 6:00 p.m. about Act 250 jurisdiction in Tier 3 areas and in road construction. Alex Weinhagen, Land Use Review Board Member, will provide a presentation on the current drafts of the rules and Tier 3 mapping, and will be available to answer any questions. This is a great opportunity to learn about how Act 181 may impact development in Windham and perhaps your property. Additional background information is available on the WRC’s Act 181, Regional Plan Update page: https://windhamregional.org/act-181/.
Here is the link to the March 17th meeting:
Join ZoomMeeting
https://us02web.zoom.us/j/86212351800?pwd=HdTHqFDXbYlHPHBJcDurLJ6vQd4RaT.1
Meeting ID: 862 1235 1800
Passcode: 565316
Dial in:(301)715-8592
Lastly, if you wish to view a preliminary LURB map of Windham to see if your property lies within Tier 3, here is a ridiculously long link to it:
Please keep this in mind if you view this map:
- It is a draft, not a final map.
- Note that there are many homes, and some of the land around them, that are surrounded by Tier 3 land. These homes, and the accompanying land, are in Tier 2. Presumably, they are subject to local zoning regulations and exempt from Act 250, unless the owner wants to build a major housing development.
- There are LURB rules about what can be constructed in Tier 3 areas without triggering an Act 250 review. Hopefully, Mr. Weinhagen can clarify these rules and exemptions at the March 17th meeting.
Feel free to contact me if you have questions or concerns about Act 181.
Bill Dunkel,
Planning Commission Chairman
802-874-4131