Act 250 Tier 3 and Road Rule, and Public Meeting Recording
Act 181 was enacted in 2024 and included significant reforms to Act 250, Vermont’s statewide land development permitting process. Two areas where there have been a lot of questions are around the new Tier 3 jurisdiction and the Road Rules in Act 181.
WRC hosted a virtual public meeting on March 17, 2026 with Alex Weinhagen of the Land Use Review Board to present on the Board’s current drafts of the rules and Tier 3 mapping and answer questions. To view a recording of the meeting, please click here.
See below for more information on Tier 3 and the Road Rule:
Tier 3
Act 181 created a new “Tier” system within Act 250 with different levels of jurisdiction for each tier. Historically, an Act 250 permit has been required based on the size of a proposed development or subdivision. With the new tier system, permit requirements will be based more on the location of the project. Tier 1 areas are planned for growth in and around village and downtown centers and Act 250 jurisdiction would be reduced or eliminated. Tier 3 was established for areas with critical natural resources and would require Act 250 jurisdiction for projects. Tier 2 would cover remaining areas and Act 250 jurisdiction will mostly remain the same, except if a project is subject to the Road Rule.
The Land Use Review Board is responsible for developing the rules for Tier 3, including which resources areas to include and the types of projects that will require a permit. The LURB has created a page on their website with draft rules and mapping: https://act250.vermont.gov/tier-3-rulemaking-and-report. The next version of the draft Tier 3 rules and mapping is expected to be ready in April and there will be additional public engagement in May and June.
Road Rule
Act 181 also created new jurisdiction under Act 250 for the construction of certain roads, commonly referred to as the Road Rule. The purpose was to encourage the clustering of development along existing roads and to reduce fragmentation of interior forests. Jurisdiction would apply to any single road greater than 800 feet, or the when the length of multiple roads and associated driveways is greater than 2,000 feet. Additional information can be found here: https://act250.vermont.gov/road-construction-jurisdiction.