Vermont's landmark land use and development law. Understand when Act 250 applies, what the review process involves, and how it may impact your real estate transaction or development project.
Act 250, enacted in 1970, is Vermont's pioneering land use and development law. It was one of the first comprehensive state-level environmental review processes in the United States, designed to protect Vermont's environment, aesthetics, and natural resources from the impacts of large-scale development.
Why it matters for real estate: Whether you're buying land to build your dream home, developing a commercial property, or subdividing land for resale, Act 250 can significantly impact your project timeline, costs, and feasibility. Understanding Act 250 is essential for anyone involved in Vermont real estate.
Key Principle
Act 250 applies to developments that could have significant environmental, community, or aesthetic impacts. It balances economic development with environmental protection and community character preservation.
Answer a few questions about your project to get a preliminary assessment. This tool provides guidance only - always consult with professionals for definitive answers.
Act 250 jurisdiction is triggered by specific types and scales of development. Here are the main scenarios:
Development of 10+ housing units within a 5-mile radius over any 10-year period.
This applies to towns that lack permanent zoning and subdivision bylaws.
Projects involving 1+ acres or 10+ units/businesses within a 5-mile radius over 10 years.
Includes retail, office, industrial, and mixed-use projects.
Any development above 2,500 feet elevation.
Applies regardless of project size to protect fragile mountain ecosystems.
Development by state agencies, municipalities, or involving state land.
Some exemptions apply for specific governmental functions.
Important Note: These triggers can be complex, and multiple factors may apply to a single project. The 5-mile radius and 10-year lookback period mean that previous developments in the area can affect your project's jurisdiction.
Understanding the timeline and steps involved in Act 250 review helps you plan your project effectively.
Submit a request to the District Commission to determine if your project requires an Act 250 permit.
Timeline: 2-4 weeks for a response
Gather required documents: site plans, environmental assessments, traffic studies, stormwater management plans, and evidence of compliance with the 10 criteria.
Timeline: 1-3 months depending on project complexity
Submit your application to the appropriate District Commission. The Commission reviews for completeness.
Timeline: 1-2 weeks for completeness determination
Notice is published, and there is a 21-day period for parties to request status or submit written comments.
Timeline: 21 days minimum
If parties request a hearing, the Commission schedules and conducts a public hearing where testimony and evidence are presented.
Timeline: 2-4 months from request to hearing completion
The District Commission issues a written decision granting, denying, or conditionally approving the permit.
Timeline: 30-90 days after hearing closes or comment period ends
Any party has 30 days to appeal the decision to the Environmental Division of the Superior Court.
Timeline: 30 days; appeals can add 6-12+ months
Total Timeline Estimate
Without hearing: 3-6 months
With hearing: 6-12 months
With appeals: 12-24+ months
Every Act 250 application is reviewed against these 10 criteria to ensure development is sustainable and appropriate.
Will not cause undue water or air pollution
Has sufficient water available for the project
Will not cause unreasonable burden on existing water supply
Will not cause undue soil erosion or danger to life and property
Will not cause unreasonable congestion or unsafe conditions
Will not cause unreasonable burden on educational facilities
Will not place unreasonable burden on municipal services
Will not have undue adverse effect on scenic or natural beauty
Is in conformance with local and regional plans
Is in conformance with local and regional development plans
How It Works: Your project must demonstrate compliance with all 10 criteria. The burden of proof is on the applicant to show that the project meets each standard. Some criteria require more extensive documentation than others depending on your project type and location.
Not all development requires Act 250 review. Here are some common exemptions that homebuyers and sellers should know about.
Construction of a single-family home on an existing lot (not created by subdivision) is generally exempt, even in towns without zoning.
Creating a small number of lots (typically fewer than 10) in a town with permanent zoning and subdivision regulations is usually exempt.
Agricultural and forestry operations are generally exempt, including construction of farm buildings and accessory structures necessary for farming.
Replacement of existing structures or renovations that don't substantially change the use, size, or impact of a development may be exempt.
If a property already has an Act 250 permit, certain minor amendments or continuations may not require a new application.
Note: There are specific rules, exemptions, and definitions for counting land area and units, so it's always best to consult the Act 250 district coordinator for a formal determination.
Franklin County has a mix of towns with and without zoning bylaws, which significantly affects Act 250 jurisdiction. Here's what you need to know locally.
If you're purchasing land in a town without zoning (like Bakersfield or Montgomery), smaller projects may trigger Act 250 review. Even a 10-unit residential development could require a permit.
In towns with zoning, you have more flexibility for smaller projects, but commercial development and larger subdivisions still may need Act 250 permits.
Franklin County is in District 6. Contact them for jurisdictional inquiries.
Find Your DistrictFour Corner Properties has extensive experience with Act 250 and Vermont land use. We can help you understand how Act 250 may affect your purchase, sale, or development plans.
Whether you need help understanding Act 250, finding the perfect property, or planning your development, Four Corner Properties is here to guide you.
