The Act 250 dates you were planning around are gone
The Act 250 dates you were planning around are gone
2026-09-19 · Vermont · Legislation
Any Vermont association that budgeted for an Act 250 permit trigger on its private roads this July can stop. The provision was deleted before it took effect.
Act 152 of 2026 (S.325), “An act relating to regional planning and Act 250 Tier jurisdiction”, was signed June 16, 2026 and took effect July 1, 2026. Its first five sections dismantle the parts of Act 181 of 2024 that were scheduled to land in 2026.1
What was deleted
Sec. 1: “2024 Acts and Resolves No. 181, Sec. 19 is amended to read: Sec. 19. [Deleted.]” That was the road-jurisdiction trigger — Act 250 jurisdiction attaching where “the length of any single road is greater than 800 feet, or the length of all roads and any associated driveways in combination is greater than 2,000 feet”, counting everything built within the tract after July 1, 2026, and expressly including improvements to class 4 town highways by a non-municipality.
Sec. 2: Act 181's Sec. 21, establishing Tiers 2 and 3, likewise “[Deleted.]”
Secs. 4 and 5: repeal Act 181's Tier 3 rulemaking section and its Tier 2 area report.
Sec. 3: moves Act 181's remaining jurisdictional changes from December 31, 2026 to January 1, 2028, and strikes the July 1, 2026 date entirely.
Why the road trigger mattered to associations specifically
Planned communities own roads. An 800-foot single-road threshold, or a 2,000-foot aggregate across roads and driveways in a tract, is not a large development standard — it is the footprint of an ordinary Vermont subdivision. Reconstructing a deteriorated private road, or improving a class 4 town highway segment that serves a community, would have been capable of triggering Act 250 review.
It never took effect and, as deleted rather than postponed, it is not scheduled to.
What replaced the tier framework, for now
Sec. 6 amends 10 V.S.A. § 6081's exemptions and clarifies subsection (z): no Act 250 permit is required for development entirely within a Tier 1A area, or within a Board-approved Tier 1B area for 50 units or fewer of housing on 10 acres or less, with mixed use on similar terms. Those exemptions are now the operative path for small infill development on and beside association land.
The act also extends the interim Act 250 housing exemptions to January 1, 2028.
A caution about state web material
The repeal is recent and the agencies have not entirely caught up. Material describing an active Tier 3 rulemaking with a 2026 filing date predates Act 152, which was signed on June 16, 2026 and deleted the statutory authority for it.
The new standing oversight body
Sec. 10 adds 2 V.S.A. ch. 32, creating a Joint Legislative Environmental Oversight Committee — six legislators, three from each chamber, not all from one party, appointed each biennial session, charged with examining “how the permitting process under 10 V.S.A. chapter 151 is working, and how the new Board structure is working.” It sunsets July 1, 2029.
That is where Act 250 changes affecting new common-interest development will be aired between sessions.
The fight it took
Act 152 was not a housekeeping bill. In the Senate on March 25, 2026 one roll call failed 13–17 before the committee amendment carried 18–12 and third reading was ordered 18–12. In the House on May 6 there were six demanded roll calls. The Senate refused to concur on May 13 and a committee of conference was appointed; the conference report was adopted in late May, with final Senate roll calls of 27–3 and 28–2.2
For contrast, Act 181 of 2024 — the act Act 152 is unwinding — was vetoed and enacted over the veto, the House overriding 107–38 and the Senate 21–8 on June 17, 2024.
One date that did land in 2026
Act 121 of 2024 became law without the Governor's signature on May 30, 2024. Among its effective dates, the municipal-compliance provision at 24 V.S.A. § 4424(a)(2)(B)(i) — requiring municipalities with a flood hazard bylaw to incorporate the State Flood Hazard Area Standards — took effect January 1, 2026, with those standards becoming the State minimum on or after January 1, 2028.
A Vermont condominium or planned community with buildings, roads, parking, stormwater structures or common land in a mapped flood hazard area or river corridor is inside tightening municipal bylaws now and a State floor in 2028. Associations that own a dam or impoundment — common in Vermont pond communities — are inside that act's dam-safety rework as well.
What to watch next
January 1, 2028 is now carrying a great deal: Act 181's remaining jurisdictional changes, the expiry of the interim housing exemptions, and the State Flood Hazard Area Standards floor. The 2027 session is the last full session before all of it.
Related Vermont HOA Topics
Stay on top of Vermont HOA law
Every week: new Vermont legislation, court rulings, and regulatory developments affecting condos, planned communities, and property managers. Free.
No spam. Unsubscribe anytime.