Bill S.266 aims to amend the regulations surrounding the development of residential housing projects in wetlands within Vermont. It empowers the Department of Environmental Conservation to establish allowed uses for constructing residential housing and related linear utilities, eliminating the need for permits for these specified uses. The bill also mandates the Secretary of Natural Resources to provide comprehensive guidance on wetland management, focusing on avoidance, minimization, mitigation sequencing, and alternatives analysis, with input from wetland consultants and stakeholders. Notably, the bill stipulates that applicants for wetland permits are not required to consider properties not owned or controlled by them during the analysis process.

Additionally, the bill modifies existing definitions and provisions related to wetlands, including the classification of wetlands and buffer zones. It introduces new definitions for "necessary linear utilities" and "residential housing project," while also amending the buffer zone requirements for Class I and Class II wetlands. The legislation emphasizes a net gain of wetlands through protection and restoration efforts, requiring compensation for adverse impacts exceeding 5,000 square feet. The act is set to take effect on July 1, 2026, and includes provisions for processing pending permit applications under the new regulations.

Statutes affected:
As Introduced: 10-902, 10-913, 10-914, 10-918