Bill > S0266

This bill aims to streamline the regulation of residential housing projects in wetlands by allowing the Department of Environmental Conservation to establish "allowed uses" for the construction of such projects and related "necessary linear utilities" (which are defined as essential services like electricity, water, sewer, access roads, driveways, or septic force mains needed for the housing project). For these specifically authorized uses, no permit will be required, simplifying the process for developers. The bill also mandates that the Secretary of Natural Resources will issue comprehensive guidance on how to avoid and minimize wetland impacts, sequence mitigation efforts, and analyze alternatives, with input from experts and stakeholders, and importantly, this analysis will not require applicants to consider properties they do not own or control. Furthermore, the bill clarifies that permits will not be required for certain residential housing projects and necessary linear utilities in unmapped Class II wetlands or their buffer zones, and it sets specific conditions for projects impacting Class II wetlands, particularly regarding stormwater management. The bill also updates the state's goal for wetland regulation to be a "net gain" of wetlands, meaning the state aims to increase the total amount of wetlands over time through protection and restoration, and it establishes a minimum 2:1 ratio for restoring or creating wetlands to compensate for any permanent loss due to permitted activities. Finally, it addresses pending permit applications for residential housing projects and sets an effective date for these changes.

Agriculture and Natural Resources

https://legislature.vermont.gov/bill/status/2026/S.266