A new draft of the Act 250 legislation was released today. As proposed it takes even more review away from the Environmental Court. Now, the citizen panel
known as the “VERB” – Vermont Environmental Review Board – will be able to hear appeals from municipal panels when the municipal appeal concerns “land development” or also requires a permit from the Agency of Natural Resources or District Commission.
The new language is as follows:
(f) An appeal of an act or decision of an appropriate municipal panel under 24 V.S.A. chapter 117 may be to the Board if the act or decision pertains to land development, as defined in 24 V.S.A. § 4303(10), that requires a permit, certificate,
or other approval from the Agency of Natural Resources or a District Commission under a statute listed in subsections (a) or (b) of this section. The provisions of 24 V.S.A. §§ 4471 (appeals to environmental 17 division) and 4471a(b) through (g) (environmental
division) shall apply to such an appeal, except that the appeal shall be before the Board and may be consolidated with other appeals before the Board pursuant to subsection 8411(f) of this title. If an appeal is filed with the Board, any party may move to
consolidate appeals or move to have the appeal of an act or decision of an appropriate municipal panel heard individually by the Environmental Division of the Superior Court.
MSK Attorneys
275 College Street, P.O. Box 4485
Burlington, VT 05406-4485
Tel: 802-861-7000 Fax: 802-861-7007
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From: vtdevelopment@simplelists.com [mailto:vtdevelopment@simplelists.com]
On Behalf Of Stephanie Hainley
Sent: Tuesday, January 08, 2019 12:40 PM
To: vtdevelopment@simplelists.com
Subject: [VT Dev] Commission on Act 250 -- Draft Report and Legislation
FYI for the development community -- the report of the Commission on Act 250 and the proposed legislation are now posted on the State’s website:
https://legislature.vermont.gov/committee/document/2018.1/333/Date/1-4-2019#documents-section
White + Burke Real Estate Investment Advisors, Inc.
Founded 1990
Stephanie T. Hainley, MBA, CCIM
Chief Operating Officer & Senior Project Manager
40 College Street, Suite 100
PO Box 1007
Burlington, VT 05402-1007
P: 802-862-1225 x16
F: 802-862-3601
www.whiteandburke.com
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