Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        H.768
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                                      H.768
 Introduced by Representative Stebbins of Burlington
 Referred to Committee on
 Date:
 Subject: Conservation and development; land use; Act 250
 Statement of purpose of bill as introduced: This bill proposes to create a
 process for municipalities to be delegated authority to review development in
 lieu of Act 250 permits.
    An act relating to municipal delegation of Act 250 authority
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 10 V.S.A. § 6032 is added to read:
 § 6032. DELEGATION OF REVIEW AUTHORITY TO MUNICIPALITIES
    (a) Established. Municipal Delegation of Act 250 through functional
 equivalency is an agreement between the Natural Resources Board and a
 municipality upon the Board finding the municipality’s regulations, standards
 of review, and enforcement mechanisms are functionally equivalent or better at
 reviewing development issues currently covered by each applicable criteria
 under subsection 6086(a) of this title. This shall be referred to as Municipal
 Delegation of Act 250. Areas of a municipality included in the Municipal VT LEG #373254 v.2
     BILL AS INTRODUCED                                                         H.768
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 Delegation Agreement shall be exempt from Act 250 review required under
 this chapter.
    (b) Requirements. A municipality, by its legislative body, may apply to the
 Board for delegation of authority in lieu of Act 250 authority under this
 chapter. To be considered for municipal delegation, the municipality shall
 demonstrate that robust planning, permitting, administration, and enforcement
 are in place in the municipality. The municipality shall demonstrate that its
 local regulations and processes are functionally equivalent to the applicable
 criteria currently evaluated through Act 250 by having:
       (1) received approval from its legislative body at a public meeting to
 pursue municipal delegation through an agreement with the Board;
       (2) an adopted municipal plan, approved by the regional planning
 commission as compatible with the regional plan and statewide planning goals
 and objectives of 24 V.S.A. § 4302;
       (3) adopted permanent zoning and subdivision bylaws, in compliance
 with 24 V.S.A. chapter 117 and other duly adopted municipal ordinances or
 codes enabled by statute, that regulate issues relevant to any applicable criteria
 from subsection 6086(a) of this title within the municipality;
       (4) within municipal limits, a downtown, neighborhood development
 area, or growth center designated under 24 V.S.A. chapter 76A;
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     BILL AS INTRODUCED                                                          H.768
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       (5) professional staff to administer and enforce municipal codes and
 ordinances and commitment from the legislative body of the municipality to
 invest in, and support, enforcement; and
       (6) municipal sewer and water infrastructure to support growth and
 development, including the ability to expand capacity when necessary.
    (c) Regional planning commission (RPC) review.
       (1) A municipality shall first submit its application for municipal
 delegation to its regional planning commission. The RPC shall review the
 application and recommend any changes necessary to meet the requirements of
 subsection (b) of this section. If the RPC finds that the municipality has met
 all of the criteria for municipal delegation, the RPC shall provide a letter of
 recommendation to be submitted as part of the application to the Natural
 Resources Board.
       (2) If the RPC raises objections to the municipality’s application, the
 municipality may choose to rework the application and resubmit it to the RPC
 or submit the application for review by the Board without RPC approval. In
 the latter instance, the municipality would have to prove to the Board that the
 application is consistent with the regional plan and explain why it chose not to
 rework its application in response to the RPC recommendations.
    (d) Natural Resources Board review.
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     BILL AS INTRODUCED                                                            H.768
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       (1) Within 60 days after receiving an application, the Board shall hold a
 public meeting to review a municipal application, including an opportunity for
 public comment. The Board shall then issue a determination on the
 application. During the Board’s review, an RPC’s recommendation and
 affirmative finding of functional equivalency creates a presumption that the
 application is consistent with the regional plan, and therefore State planning
 goals, and shall be given deference with regard to the adequacy of municipal
 bylaws.
       (2) Upon concurrence with the findings of an RPC, the Board shall
 authorize the Executive Director of the Natural Resources Board to execute an
 agreement with municipal officials outlining the terms of the municipal
 delegation. The agreement may identify areas of the municipality or certain
 project types that shall remain within the jurisdiction of this chapter due to
 their regional significance, such as airports, landfills, or ski resorts, as
 determined by the Board. The agreement shall exempt development from
 review under all of the current criteria of subsection 6086(a) of this title and
 identify any of those criteria that are not applicable within the municipal
 boundaries and therefore not required to be regulated at the municipal level.
       (3) If the Board rejects a municipal application that had received a
 recommendation from its RPC, the Board shall clearly articulate deficiencies in
 municipal planning or bylaws relative to any applicable Act 250 criteria within VT LEG #373254 v.2
     BILL AS INTRODUCED                                                         H.768
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 the municipality. Municipalities shall be allowed to address those deficiencies,
 modify their applications, and reapply.
       (4) A Municipal Delegation Agreement shall be reviewed by the Board
 and recertified every eight years.
       (5) A Municipal Delegation Agreement may be amended or revoked if
 the underlying Act 250 jurisdictional triggers under section 6001 of this title or
 criteria under subsection 6086(a) of this title are amended, if a municipality
 substantially amends local regulations that are applicable to the Agreement, or
 if a municipality fails to administer or enforce local regulations according to
 the terms of the Agreement.
       (6) During the term of the Municipal Delegation Agreement, the
 municipality shall report to the Board on a schedule, and with the content, as
 described in the Municipal Delegation Agreement.
    (e) Guidance. On or before December 31, 2024, the Natural Resources
 Board, in consultation with the relevant stakeholders, including municipalities
 and regional planning commissions, shall issue guidance for municipalities
 seeking a Municipal Delegation Agreement based on the appendices of the
 Municipal Delegation Framework Report required under 2023 Acts and
 Resolves No. 47.
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     BILL AS INTRODUCED                                                          H.768
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 Sec. 2. 10 V.S.A. § 6090 is amended to read:
 § 6090. RECORDING; DURATION AND REVOCATION OF PERMITS
                                        ***
    (c) Release from permit.
       (1) On an application signed by each permittee, the District Commission
 shall release land subject to a permit under this chapter from the obligations of
 that permit and the obligation to obtain amendments to the permit and from
 jurisdiction under this chapter on finding that the municipality where the land
 is located has a Municipal Delegation Agreement.
       (2) It shall be a condition of each affirmative decision under this
 subsection that a subsequent proposal of a development or subdivision on the
 land to which the decision applies shall be subject to this chapter as if the land
 had never previously received a permit under the chapter.
       (3) An application for a decision under this subsection shall be made on
 a form prescribed by the Board. The form shall require evidence
 demonstrating that the application is for land subject to a Municipal Delegation
 Agreement. The application shall be processed in the manner described in
 section 6084 of this title and may be treated as a minor application under that
 section. In addition to those required to be notified under section 6084, the
 District Commission shall send notice at the same time to all other parties to
 the permit and to all current adjacent landowners.
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    BILL AS INTRODUCED                                                        H.768
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 Sec. 3. 10 V.S.A. § 6081 is amended to read:
 § 6081. PERMITS REQUIRED; EXEMPTIONS
                                      ***
   (t) No permit or permit amendment is required for a development or
 subdivision located within an area of a municipality covered by a Municipal
 Delegation Agreement in accordance with section 6032 of this title.
                                      ***
 Sec. 4. EFFECTIVE DATE
   This act shall take effect on July 1, 2024.
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Statutes affected: 
As Introduced: 10-6090, 10-6081