An act relating to Act 250 exemptions and delegation of stormwater permitting

2025-2026 Regular Session Introduced by Jim Harrison and 4 co-sponsors

The bill creates Tier 1A/1B areas exempt from Act 250 through 2029 and shifts stormwater permitting to state-certified engineers under oversight.

Read first time and referred to the Committee on Environment

Summary of Bill H.157 (2025-2026) – Vermont

Purpose and intent

The bill proposes two main initiatives: 1) Allow municipalities that have permanent zoning and subdivision bylaws and an approved town plan to designate certain areas as Tier 1A and Tier 1B, with those areas exempt from the requirements of 10 V.S.A. chapter 151 (Act 250) until December 31, 2029. 2) Transition stormwater permitting to a delegated process in which certified professional engineers, approved by the State, can perform stormwater assessments, designs, and permit their own work. The State would periodically review the engineers’ work and may revoke certification if performance is unsatisfactory.

Key provisions and changes

Act 250 exemptions:

Eligible municipalities: Those with permanent zoning/subdivision bylaws and an approved town plan.
Designation: Municipalities can designate Tier 1A and Tier 1B areas.
Exemption period: These designated Tier 1 areas would be exempt from Act 250 requirements under 10 V.S.A. chapter 151 through December 31, 2029.
Purpose of exemption: Streamline development within designated Tier 1 areas by reducing regulatory overhead temporarily, while preserving local planning controls.

Stormwater permitting delegation:

Delegation mechanism: The Agency of Natural Resources (ANR) would transition stormwater permitting to a delegated model.
Professional engineers: State-certified engineers would be allowed to perform stormwater assessments and designs and permit their own work.
State oversight: The State would periodically review the certified engineers’ work and may revoke certification if the work is not satisfactory.
Implication: Shifts some permitting and design responsibilities from a traditional state-led process to licensed professionals, with ongoing state supervision.

Who is affected

Municipalities:

Jurisdictions with established, permanent zoning/subdivision bylaws and an approved town plan can pursue Tier 1A/1B designations to gain Act 250 exemptions through 2029.

Developers and property owners:

Potentially affected by streamlined permitting within Tier 1 areas (Act 250 exemptions) and the new, delegated stormwater permitting framework.

Certified professional engineers:

Eligible to obtain state certification to conduct stormwater assessments, designs, and permit their own work under the delegated process.

Agency of Natural Resources (ANR):

Responsible for implementing and supervising the delegated stormwater regime, including periodic reviews and the ability to revoke certifications.

Procedural and timeline aspects

Introduction and referrals:

Introduced and referred to the House Committee on Environment on February 6, 2025.
First-time reading completed on February 6, 2025.

Designation and exemption window:

Tier 1A/1B exemptions would be in effect until December 31, 2029, for designated areas.

Oversight and implementation:

The bill contemplates a transition plan from traditional stormwater permitting to a delegated engineering-based model, with ongoing state oversight and potential revocation of certifications for unsatisfactory work.

Notes

The text provided is an introduction and short-form summary; the full bill text (omitted here) would contain the detailed procedures, criteria for Tier 1A/1B designation, standards for certification of engineers, and specifics of the transition process.

The bill is in the early stage of the legislative process (read first time, referred to committee). Subsequent actions could include committee hearings, amendments, and floor votes.