Bill S.169 proposes a significant overhaul of the appeals process for Act 250 permits by transferring the authority to hear these appeals from the Environmental Division of the Superior Court to the newly established Land Use Review Board. The bill amends several sections of Title 10 of the Vermont Statutes Annotated, specifically 10 V.S.A. § 6025, which now requires the Board to adopt rules governing appeals and contested cases, including the use of hearing officers and Board panels. It mandates that the Board will hear all appeals from decisions made by District Commissions and district coordinators, aiming for a more centralized and consistent approach to land use appeals.

Additionally, the bill introduces new procedural requirements for filing appeals, such as the need for appellants to submit a statement of issues, a summary of evidence, and a preliminary list of witnesses, along with a set appeal fee of $295. It emphasizes public participation in District Commission proceedings as a prerequisite for appealing decisions, thereby encouraging community involvement. The bill also repeals certain provisions related to participation requirements and modifies the appeal process for decisions made by the Secretary of Natural Resources and the Environmental Division. It includes new language allowing for appeals to the Environmental Review Board, mandates procedural rule adoption by January 1, 2028, and requires a report on the Board's capacity to handle permit appeals by October 1, 2027, with funding allocated for the Board's setup and a new Legal Services Specialist position. The act is set to take effect on July 1, 2026.

Statutes affected:
As Introduced: 10-6025, 10-6027(h), 10-6027, 10-6086(f), 10-6086, 10-6089, 10-6007, 10-6083a, 10-220, 4-34, 24-4471