Vermont Act 250 Glossary: Key Terms & Definitions for Developers and Consultants

Vermont Act 250 Key Terms & Definitions

Act 250: The common name for the Vermont Land Use and Development Act, a comprehensive state land use law that regulates development projects in Vermont. (10 V.S.A. Chapter 151)

Agricultural Soils: Productive farmland soils that are protected under Act 250 to preserve Vermont's agricultural resources. (10 V.S.A. § 6086(a)(9)(B))

Criteria: The ten environmental and land use standards that a development project must satisfy to obtain a permit under Act 250. (10 V.S.A. § 6086(a))

Development: The construction of improvements on a tract or tracts of land, owned or controlled by a person, involving more than 10 acres of land within a radius of five miles of any point on any involved land, for commercial or industrial purposes. (10 V.S.A. § 6001(3)(A)(i))

District Commission: The District Environmental Commissions established under Act 250 to review and issue permits for development projects within their respective districts. (10 V.S.A. § 6026)

Enforcement Action: Legal action taken by the Vermont Natural Resources Board or other state agencies to address violations of Act 250, which may include notices of violation, administrative orders, civil penalties, or criminal charges. (10 V.S.A. § 6027)

Floodway: The channel of a watercourse which is expected to flood on an average of at least once every 100 years and the adjacent land areas which are required to carry and discharge the flood of the watercourse. (10 V.S.A. § 6001(6))

Fragmentation: The division or conversion of a tract or tracts of land, or an entire area of land, into smaller parcels or uses which may result in diminished public access, wildlife habitat, or scenic resources. (10 V.S.A. § 6001(35))

Historic Site: Any site, structure, district, or archeological landmark which has been officially included in the National Register of Historic Places or the state register of historic places, or which is established by testimony of the Vermont Advisory Council on Historic Preservation as being historically significant. (10 V.S.A. § 6001(9))

Impact Fee: A fee levied on a proposed development to compensate for the burden it may place on public infrastructure, services, or resources. (10 V.S.A. § 6091)

Permit: A permit issued by a District Environmental Commission to authorize a development project that satisfies the criteria of Act 250. (10 V.S.A. § 6081)

Person: An individual, partnership, corporation, association, unincorporated organization, trust, or any other legal or commercial entity, including a joint venture or affiliated ownership. (10 V.S.A. § 6001(14))

Primary Agricultural Soils: Soil map units with the best combination of physical and chemical characteristics that have a potential for growing food, feed, and forage crops, have sufficient moisture and drainage, plant nutrients or responsiveness to fertilizers, few limitations for cultivation or limitations which may be easily overcome, and an average slope that does not exceed 15 percent. (10 V.S.A. § 6001(15))

Public Hearing: A formal proceeding conducted by a District Commission to gather testimony and evidence related to a proposed development project under Act 250. (10 V.S.A. § 6085)

Ridgeline: A line connecting the highest points along a ridge and separating drainage basins or small-scale drainage systems from one another. (10 V.S.A. § 6001(16))

Rural Growth Areas: Lands which are not natural resources referred to in 10 V.S.A. § 6086(a)(1)(A) through (F), are not primary agricultural soils, and are excluded from "existing settlement." (10 V.S.A. § 6001(16))

Secondary Impacts: The indirect effects of a proposed development, including growth-inducing effects, alterations to land use patterns, or changes in population density and related effects on public facilities and services. (10 V.S.A. § 6086(a)(9)(A))

Significant Public Lands: Publicly owned lands or interests in lands, including parks, recreation areas, historic sites, and natural areas, which are administered for public benefit by an agency of the state or federal government. (10 V.S.A. § 6001(19))

Subdivision: Each of the following: (A) A tract or tracts of land, owned or controlled by a person, which the person has partitioned or divided for the purpose of resale into 10 or more lots within a radius of five miles of any point on any lot, or within the jurisdictional area of the same District Commission, within any continuous period of five years. (B) The creation of a lot that falls outside the jurisdictional limits of a municipality that has duly adopted permanent zoning and subdivision bylaws or has a duly authorized and established planning commission. (10 V.S.A. § 6001(19))

Technical Determination: A decision by the Natural Resources Board to extend the application of Act 250 jurisdiction to a development or subdivision, pursuant to the authority granted under 10 V.S.A. § 6001 et seq. (10 V.S.A. § 6007(c))

Vermont Natural Resources Board: The state agency responsible for administering Act 250 and hearing appeals of District Commission decisions. (10 V.S.A. § 6021)

Wildlife Habitat: Concentrated habitat which is identifiable and is demonstrated as being decisive to the survival of a species of wildlife at any period in its life, including breeding and migratory periods. (10 V.S.A. § 6001(23))