As part of our Resilient Communities campaign, we want to take some time to discuss what has been dubbed the “Road Rule.” This rule, part of Act 181, dictates how far new roads can extend into undeveloped areas of Vermont before Act 250 jurisdiction review is triggered to ensure that projects are designed to minimize impacts to natural resources.
The proposed “Road Rule” would have the goal of preventing unnecessary sprawl, protecting critical natural resources and fragile habitat, and ensuring growth can be supported in a smart and sustainable way.
Breakdown of the Road Rule:
The Road Rule establishes environmental review for new roads over 800 feet in length as well as driveways, if driveways and roads total more than 2,000 feet. Long roads and driveways built deep into forests, farmland, and other rural areas often fragment forests and wildlife habitat and have the potential to increase runoff and water pollution. These long roads and driveways can also lead to scattered development that requires costly new infrastructure and services and can put pressure on towns to maintain vast stretches of road for a limited number of users and residents.
The Road Rule does not prohibit development in rural areas. Instead, it triggers a common-sense environmental review to ensure that sprawling road extensions do not lead to significant environmental impacts and potential long-term costs for communities. Moreover, jurisdiction under the road rule can be avoided by building shorter roads and driveways to serve a project.
The Vermont Land Use Review Board (LURB) is working on guidance to clarify the definitions of roads and driveways and address when the road rule triggers Act 250 jurisdiction. For example, in the past, when Act 250 reviewed long roads, these roads were defined as serving more than one lot. The LURB guidance will be an important tool in implementing the Road Rule.
This law helps Vermont grow in a way that is economically responsible, environmentally sound, and consistent with long-standing community planning goals.By focusing development where infrastructure already exists and reviewing the impacts of long roads into undeveloped land, Act 181 helps protect Vermont’s working lands and wild places for future generations.
VNRC Land Use Resources:
Here’s a rundown on why reducing forest fragmentation is important for Vermont’s future.