GUIDE TO ACT 250

AND LOCAL ZONING

SUSU COMMUNITY FARM

Authors

Contributors

Galen von Wodtke ‘22.5

Taylor Lovely ‘22

Phumisit “Jaab” Veskijkul ‘22.5

Masud Tyree Lewis ‘22

Molly Conover ‘22

As a part of the ENVS401

community engaged practicum

SUSU CommUNITY Farm

ENVS401B

​

Hi! I’m Sue.

l’ll be your helper throughout this process!

Let’s get started!

CONTENT

1

Guide to ACT 250

Rules and Definitions

ACT 250 Ten Criteria

Submitting an Application

Precedents

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Newfane Zoning Bylaws

Step 1: State Water Permits

Step 2: Zoning Application

Step 3: Development Review Board

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Acknowledgements

1

2-25

2-8

9-13

14-19

20-25

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26-35

26-29

30-32

33-35

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36

RULES AND DEFINITIONS

OF ACT 250

2

GUIDE TO ACT 250

Photo by Kevin Davison on Unsplash

The purpose of Act 250 is to safeguard Vermont’s environmental integrity against unbridled development. The goal of Act 250 is not to prevent development, but to ensure that it is conducted in a way which is ecologically sound. About 98% of permit applications are approved, and 66% of permits are issued in less than 60 days.¹

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Act 250 is often seen as an obstacle of daunting proportions, but its intent, and the reality of the process, are much more friendly than they may seem. This document is intended to clarify which developments are subject to (and exempt from) Act 250, demystify the process itself, and provide a simple framework for applying and acquiring the necessary permits for SUSU CommUNITY Farm.

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What is Act 250?

RULES AND DEFINITIONS

¹ https://nrb.vermont.gov/act250-permit/need-a-permit

“Undue burden” is defined as any adverse environmental impacts produced by a development which are not normal or average. This phrase also implies that the available options to mitigate that burden have not been implemented in the plan.

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Subchapter 001 “General Provisions” (§6001): 3-(D) The word "development" does not include: (i.e. Exemptions)

(i) The construction of improvements for farming, logging, or forestry purposes below the elevation of 2,500 feet.

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22 “Farming”: (this is the main definition upon which exemptions will be determined)(see also, precedents on pp. 20-25)

1. The cultivation or other use of land for growing food, fiber, christmas trees, maple sap, or horticultural and orchard crops; or
2. The raising, feeding, or management of livestock, paultry, fish, or bees; or
3. The operation of greenhouses; or
4. The production of maple syrup; or
5. The onsite storage, preparation, and sale of agricultural products principally produced on the farm; or
6. The on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or
7. The raising, feeding, or management of four or more equines owned or boarded by the farmer … ; or
8. The importation of 2,000 cubic yards per year or less of food residuals or food processing residuals onto a farm for the production of compost provided that:

(i) The compost is principally used on the farm where it is produced ; or

(ii) The compost is produced on a small farm that raises or manages poultry.

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Rule 34: Permit Amendments: Substantial and Material Change.

Any substantial change (p. 5) which is not agriculturally exempt (p. 8), is subject to a permit amendment (through full application process) or an administrative amendment with prior approval from the District Coordinator. From my understanding, there is no foreseeable reason to apply for an administrative amendment, because if the change is substantial enough to require an amendment for recordkeeping purposes, it will necessitate a new permit anyway. (pp. 46-47 of Act 250 rule book)

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GUIDE TO ACT 250

Relevant Rules and Definitions:

Rule 2(C): (Definitions) Relevant in knowing when you need to apply for a permit amendment.

• Subsection 4: “Commercial Purpose” means the provision of facilities, goods or services by a person other than for a municipal or state purpose to others in exchange for payment of a purchase price, fee, contribution, donation or other object or service having value. (p. 7 of rule book)

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• Subsection 6: “Material Change” means any cognizable change to a development or subdivision subject to a permit under Act 250 or… which may result in a significant adverse impact with respect to any of the… ten criteria. (pp. 7-8 of rule book)

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• Subsection 7: "Substantial change" means any cognizable change to a pre-existing development or subdivision which may result in significant adverse impact with respect to any of the … ten criteria. (p. 8 of rule book)

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• Subsection 26: “Cognizable change” means any physical change or change in use, including, where applicable, any change that may result in a significant impact on any finding, conclusion, term or condition of the project’s existing permit. (p. 11 of rule book)

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• Subsection 19-b: “Principally Produced” means, for purposes of 10 V.S.A. § 6001(22)(E), that more than 50% (either by volume or weight) of the ingredients or materials contributing to a final agricultural product or Page 10 products which results from the activities stated in 10 V.S.A. § 6001(22)(A) - (D), and which is stored, prepared or sold at the farm, is grown or produced on the farm. (p. 9-10 of rule book)

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RULES AND DEFINITIONS

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Check out the Act 250 Rulebook!

(see resources on pp. 25)

“Developments” which fall under Act 250 Jurisdiction:

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1. Construction for commercial or industrial purposes involving 10 or more acres – or – more than one acre within a municipality without zoning laws.

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• The construction of 10 or more housing units.

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• The subdivision of land into 10 or more lots during a continuous five-year period.

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• Any construction above 2,500 ft. in elevation.

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• The drilling of oil or natural gas or the exploration, extraction or processing of fissionable source materials.

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• Any construction that would substantially change or expand a pre-1970 development that would require a permit if built today.

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• Construction for governmental purposes involving 10 or more acres.

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• Construction of a communication or broadcasting structure 20 ft or taller.

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• The sale, by public auction, of any tract of land which has been divided for the purpose of resale into five or more lots within a radius of five miles and within a period of ten years.

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• Substantial Improvements: or changes in use to projects that already have an Act 250 permit require an amendment and/or new permit. (see pp. 11-12)

6

GUIDE TO ACT 250

When do we need an Act 250 Permit?

In this case, number 10 is highly relevant to

SUSU’s development goals

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RULES AND DEFINITIONS

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https://nrb.vermont.gov/act250-permit/need-a-permit

8

GUIDE TO ACT 250

Agricultural Exemptions: (See p. 4 for definition of farming). Essentially, any project that directly facilitates production, processing, storage and sale of agricultural products is exempt.

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From our understanding, structures involving the Botanica could be exempt, but the farmworker housing, resettlement housing, event space, and education space are not. Education space rides the line which is discussed in the case studies which follow (pp. 20-25). Essentially, if the primary purpose of a structure is to facilitate farming (as opposed to education, community building, etc.), then its status may be exempt. In the production of value added products, the requirement is that >50% of the ingredients used in that product (either by weight or by volume) be produced on site for an exemption to apply.

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Permit Amendments: Any project involving substantial or cognizable changes not specified in the existing permits, which is not agriculturally exempt, will require a permit amendment. The application for a permit amendment is the same as that of a new permit.

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Things to keep in mind when planning

(Triggers, Hurdles, Exemptions)

I know that the ACT 250

process can be complex and taxing.

Make sure to take care of yourselves. Have some tea.

Take a walk in the sun.

Other Hurdles: Familiarize yourself with the existing permits. These are indefinite and enforceable, meaning that any substantial change (see below for definition) which is not either agriculturally exempt or included in the original permitted plans requires an amendment.

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SUBMITTING ACT 250

ACT 250

TEN CRITERIA

Photo by Dan Mall on Unsplash

Ten Criteria²

• Headwaters - The proposed project must not reduce the quality of surface or groundwater flowing through especially sensitive water sources.

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• Waste Disposal - A development must not “result in the injection of waste materials or harmful or toxic substances into groundwater or wells.” Soils must be adequate for an on-site sewage system. Stormwater runoff must not cause pollution downstream.

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• Water Conservation - To protect Vermont’s water supply, developments must use the best available water conservation technology.

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• Floodways - To protect the public and prevent flood damage, a floodway-adjacent project must not restrict or divert the flow of floodwaters. A development must also not significantly increase the peak discharge of a river.

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• Streams - Projects near streams must maintain the stream’s “natural condition,” and must not endanger the health/welfare of adjoining landowners (i.e. controlling erosion, maintaining stream banks, and not degrading water quality.) A buffer zone is often established between the project and the stream.

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• Shorelines - Applicants proposing to develop along a shoreline (including rivers) must show that this site is necessary to fulfill the project’s purpose. Project must maintain the shoreline condition to the greatest extent possible. This may involve planting vegetation to stabilize the bank. A project must also not diminish public access to waters.

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1. Water and Air Pollution: A development must not result in any undue (the phrase “undue burden” is used a lot, see p. 4 for definition) air or water pollution.

GUIDE TO ACT 250

Each will have a section in the application. Many of the criteria forms will include options for if their imperatives are not applicable, which can help to streamline the process.

² State of Vermont: Environmental Board, 2003, “Act 250: A Guide to Vermont’s Land Use Law.

2. Water Supply: Applicants must demonstrate that there is sufficient water available for the foreseeable needs of their development. The source of this water may be private (well or spring) or municipal.

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3. Impact on Existing Water Supplies: If a proposed project will utilize an existing water supply, it must not unreasonably burden that source.

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4. Soil Erosion: A project must not cause “unreasonable soil erosion or reduction in the capacity of the land to hold water.” This may include erosion control measures such as stabilization via new vegetation.

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5. Traffic: This criterion pertains to safety and congestion related to an increase in automobile traffic. A permit cannot be denied under this criterion, however the district commission can impose reasonable conditions such as requiring that a turning lane be installed.

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TEN CRITERIA

g. Wetlands - Projects must adhere to the rules of the VT . Water Resources Board which protect “significant” . wetlands.

Ten Criteria? More like Ten CRYteria!

6. Educational Services: This criterion pertains to the potential for a large scale development or subdivision to place an undue financial burden on a town’s school district should the project necessitate an expansion of school facilities.

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7. Municipal Government Services: This criterion pertains to the potential for a project to produce undue burden on a towns waste disposal, fire and police protection, rescue services, water and sewage treatment, and road maintenance.

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8. Scenic and Natural Beauty, Aesthetics, Natural Areas, Historic Sites:

This criterion pertains to a range of issues. The district commission will first ask: if the project will have any “adverse” impacts on the scenic quality of the area. And, if so, whether those impacts would be considered “undue.” This criterion also addresses any sites listed on the national registry of historic places, or sites deemed historically significant by the VT Advisory Council on Historic Preservation.

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1. Necessary Wildlife Habitat and Endangered Species - If a project “will destroy or significantly imperil” necessary wildlife habitat or endangered species, the commission will weigh economic, social, cultural, or recreational benefits offered by the project against the economic, environmental, or recreational benefit provided by the habitat or species.

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12

GUIDE TO ACT 250

9. Conformance with Capability and Development Plan: This criterion involves several issues which relate to infrastructure, natural resources, and planning for orderly growth.

1. Impact of Growth - The projected growth from a project, combined with the growth expected in the town or region, must not place undue burden on the town or region's financial capacity to provide services such as education, fire, emergency, sewage disposal, etc.
2. Primary Agricultural Soils (see details under c.)
3. Secondary Agricultural Soils - The proposed project must not significantly reduce the primary and secondary agricultural soils on the site.
4. Earth Resources (see details under e.)
5. Earth Resources ctnd. - These criteria pertain to lands with high potential for extraction of earth resources. Their aim is to protect important resources from being destroyed, and to protect water quality, visual aesthetics, and future alternate uses of the area. They cover the impacts of an extraction project and require planning for the future rehabilitation of the site.
6. Energy Conservation - A project must employ the best available technology for efficient use or recovery of energy.
7. Private Utility Services - If a project relies exclusively on privately owned utilities (e.g. roads or wastewater facilities) the applicant must show adequate legal and financial mechanisms to protect the town in case it must assume responsibility for these services.
8. Costs of Scattered Development - When a proposed project is located outside an existing settlement, the costs of public services and facilities that the development requires cannot outweigh the tax revenues or other public benefits (e.g. housing or jobs) that the development will bring.
9. Public Utility Services - The project must not place unreasonable burden on electric, gas, or other public utilities.
10. Development Affecting Public Investments - A project must not needlessly endanger adjacent public infrastructure. For example, a project cannot interfere with public access to a park or school.
11. Rural Growth Areas - Projects in rural growth areas must be planned to “economize on the cost of roads, utilities, and land usage.” This criterion, among others, is intended to protect municipalities from undue financial impacts created by a project.

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10. Local and Regional Plans: A proposed project must conform with the local and regional zoning ordinances (Local permitting guidance beginning on p. 26).

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TEN CRITERIA

SUBMITTING ACT 250

PERMIT APPLICATION

14

GUIDE TO ACT 250

Photo by Martin Sanchez on Unsplash

1. First:
1. Develop project plans, likely involving an architect and engineer who is familiar and can assist with the following processes.

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• Acquire relevant ANR permits (contact Rick Oberkirch for assistance as to which are needed), local zoning (guidance beginning on p. 26), and Fire Marshal permits.

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• It may also be prudent to contact an Act 250 consultant or attorney. (see pp. 25 for contacts).

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• Then:
1. Visit this website (https://nrb.vermont.gov/act250-permit)

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• Check out the Application Guide (Long, but very helpful)

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• Proceed to the VT Agency of Natural Resources Online Portal System and create an account.

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• Scroll to the bottom of the ANR page and begin an Act 250 Application

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• Complete and submit the Application Signature Form

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• Complete the Exhibit List Form, with instructions (found on p. 38 of the application guide).

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• Upload the completed Exhibit List, and all Exhibits to Globalspace, with instructions on p. 41 of the application guide. (Exhibits are your project documents [existing permits, site plans, construction drawings, etc.] and the additional required forms found below.)

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• Complete the Municipal Impact Questionnaire (and upload it to Globalspace as an exhibit.)

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How do I submit an Act 250 Permit Application?

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SUBMITTING APPLICATION

• Visit this website (https://nrb.vermont.gov/act250-permit)

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• Check out the Application Guide (Long, but very helpful)

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• Proceed to the VT Agency of Natural Resources Online Portal System and create an account.

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• Scroll to the bottom of the ANR page and begin an Act 250 Application

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• Complete and submit the Application Signature Form

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• Complete the Exhibit List Form, with instructions (found on p. 38 of the application guide).

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• Upload the completed Exhibit List, and all Exhibits to Globalspace, with instructions on p. 41 of the application guide. (Exhibits are basically your project documents [existing permits, site plans, construction drawings, etc.] and the additional required forms found below.)

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• Complete the Municipal Impact Questionnaire (and upload it to Globalspace as an exhibit.)

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• Complete the School Impact Questionnaire (and upload it to Globalspace as an exhibit.

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• Downtown Applications Form and Partial Application Form should not be required for your applications.

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• A pre-application meeting with your district coordinator (see contact on p. 25) is an option to make sure the application is complete. Prior to such a meeting, you would want to share access to your application with instructions starting on p. 13 of the application guide.

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• Submit your application.

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• Send submission fees (calculated in the application, roughly $4.25/$1,000 in project costs) to the district office (see p. 25 for address).

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• Once a permit is issued and construction is complete, submit the Certification of Actual Construction Costs.

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16

GUIDE TO ACT 250

GUIDE TO ACT 250

If you are accessing

this handbook in a printed format, we recommend that you visit the online format at go.middlebury.edu/middsusu/

to access the hyperlinks.

What happens next?

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SUBMITTING APPLICATION

https://nrb.vermont.gov/act250-permit/about-process

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GUIDE TO ACT 250

• Your application will likely be processed as a Minor Case (in which no public hearing is held).

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• If conditions are applied to your application, they must be adhered to during construction.

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• The permit will contain a date of Construction Completion, which will likely extend for three construction seasons and end on October 15th. (see pp. 44 of rule book)

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• You will receive contact from a case monitor, who will request written proof of the project’s cooperation with imposed terms and conditions.

Congratulations!

Now that you have submitted your application, it’s up to the District Coordinator to review your materials. However, note that you may have to look back at the process when adding something new. Good thing you’re an expert now!

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SUBMITTING ACT 250

PRECEDENTS

20

GUIDE TO ACT 250

Photo by Wenhao Ryan on Unsplash

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Owners of the Scott Farm intended to construct and operate a commercial kitchen in partnership with a culinary school (within an existing building) on their premises. They appealed the initial ruling that required the proposed project to acquire an Act 250 Permit. The board concluded that in this case (involving 15 or less students, being confined to and not changing the exterior of the existing structure, under the condition that more than 51% of ingredients used were produced on site) that Scott Farm qualified for an agricultural exemption. Certain circumstances (discussed more clearly throughout the report and on pp. 10-11) did make this case unique, and should be considered before applying it to SUSU.

PRECEDENTS

Scott Farm Case Study

Photo from Middlebury COOP

22

GUIDE TO ACT 250

Richard and Marion D. Josselyn, Declaratory Ruling #333, (see p. 7 of Scott Farm Case Study). The Board ruled that the growing and processing of agricultural products (flowers in this case) which were “primarily produced” on the premises, and (within the confines of a building in this case), constituted farming and is therefore exempt.

Richard and Marion D. Josselyn

Photo by Steven Eikenson on Unsplash

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Sterling College, Declaratory Ruling #259 (see p. 9 of Scott Farm Case Study). A petitioner sought to bring Sterling College (a school which also conducts robust agricultural operations) under Act 250 jurisdiction for the construction of a farm equipment storage barn. The Board ruled in favor of Sterling College, and the fact that the College collected tuition from students did not change the nature of the active farming activities, and is therefore exempt.

PRECEDENTS

Sterling College

Photo from Vermont Business for Social Responsibility

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Whistlepig sought to exempt their whiskey distillery from Act 250 Jurisdiction, and appealed their case twice. They argued that the Scott Farm ruling established a precedent which would exempt their whiskey distillery and bottling plant. The natural resources board chose to dismiss the jurisdictional appeal of Whistlepig, and declined to reconsider their case. The distillery and bottling operation were found to be too far removed from the Act 250 definitions of “farming” and agricultural products “principally produced” on site.

GUIDE TO ACT 250

Whistle Pig Case Study

Photo from Bourbon Blog, Tom Fischer

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• District Staff and Environmental Commissions Website.

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• District 2 (Where Newfane lies) Government Employees: Contact for a consultation or appointment.

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• Coordinator: Stephanie Gile, (802) 289-0597, stephanie.gile@vermont.gov

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• NRB Technician: Rebecca Bezanson, (802) 289-0599, rebecca.benzanson@vermont.gov

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• Main Number: (802) 289-0603

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• Address: District #2 Environmental Commission
• 100 Mineral Street, Suite 305
• Springfield, VT 05156-3168

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• Act 250 Full "Statute" Text

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• Act 250 Rules (Basically, the details which carry out the statute. Contains definitions, clarifications, and procedures)

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• Act 250 Consultants and Attorneys:
• VDM Law
• MSK Attorneys

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• Access an Online format
• go.middlebury.edu/MiddSUSU/

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RESOURCES AND CONTACTS

Resources and Contacts

NEWFANE

ZONING BYLAWS

STEP 1

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NEWFANE ZONING BYLAWS

Photo by Marcus Winkler on Unsplash

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Purpose of Bylaws

The purpose of these bylaws is to ensure orderly development in accordance with the Newfane Town Plan, as most recently amended. The Newfane Town Plan is a frame of reference, a guide, for the town in order to meet diverse needs and objectives of constituents in relation to land use planning and growth management, the provision of public services and facilities, environmental protection, economic development and land conservation. The town plan is based on a set of broad goals which collectively help to identify the direction of the town for the next 8 or more years. These goals are representative of generalized value statements which are more specifically defined in the Town Plan chapters.

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STEP 1: STATE WATER PERMITS

Step 1: State Water Permits

https://dec.vermont.gov/water/ww-systems

Obtain a potable water supply and/or wastewater system permit issued by the State of Vermont under 10 VSA Chapter 64 prior to submitting a Zoning Permit to the town of Newfane.

This permit must be included in the application for a zoning permit

Simplified Septic System

Yes, if:

• the modification or replacement of an existing potable water supply or wastewater system;
• the construction of a new building or structure;
• the modification of an existing building or structure in a manner that increases the design flow or modifies other operational requirements of a potable water supply or wastewater system;
• the connection of an existing potable water supply or wastewater system to a new or modified structure.

Do you need a WW permit?

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NEWFANE ZONING BYLAWS

Most projects that need a WW Permit also need a designer to design the water supply or wastewater system. Designers fall into four categories:

Class 1 Designer: a professional engineer who is soil compliant with the Professional Engineer’s Board may design all water supplies and wastewater systems;

Class B Designer: a person who is licensed by the State of Vermont to design water supplies for single family residences and septic systems with design flows of 1350 gallons per day or less;

Class BW Designer: a Class B Designer who also is licensed to design water systems with design flows of 1350 gallons per day or less;

Class A Designer: a person who is licensed by the State of Vermont to design water supplies for single family residences and septic systems with design flows of 1350 gallons per day or less but may not design systems that need site modifications or that use sewage pre-treatment units.

Fill out and submit application online: Application Portal Link ANR Online

Who prepares the application?

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STEP 1: STATE WATER PERMITS

Link to Designers in Vermont: http://dec.vermont.gov/water/licensed-designers

Homeowners Guide to Wastewater Systems: https://dec.vermont.gov/sites/dec/files/dwgwp/ro/pdf/Homeowners%20Wastewater%20System%20handout%20%28003%29.pdf

Includes list of Regional Offices

Experienced waste water system designers will be able to help you through this step of the local zoning process

NEWFANE

ZONING BYLAWS

STEP 2

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NEWFANE ZONING BYLAWS

Photo by Venti Views on Unsplash

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Step 2: Submit Completed Zoning Permit

Required Applications Items

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STEP 2: PERMIT SUBMISSION

Link to the Newfane Zoning Bylaws: http://newfanevt.com/wp-content/uploads/2015/04/Adopted-Zoning-Bylaws-2015.pdf

Link to Newfane Permit Application: http://newfanevt.com/wp-content/uploads/2021/06/PERMIT-APPLICATION-FORM-2021.pdf

1. A completed and signed town application form with appropriate application fee.
1. Fee specifics and quantities are laid out at the end of the permit application.
2. A plot plan (see next page) drawn to scale showing project(s) in relation to existing and proposed structures, property lines, acreage figures, all setbacks and compass points.
3. A recording fee as established by the Select Board is payable to the Town of Newfane and is non-refundable.
4. A Town Highway Access permit from the Select Board, if required.
• Only necessary if moving a driving or creating a new one off the main road.
5. Where required, documentation that applicable local and State reviews and approvals have been secured, including but not limited to site plan approval (Section 212.6), conditional use approval (Section 212.5), and the granting of a variance (Section 212.4), where required, under the provisions of this bylaw. (This documentation will be secured with the approval hearing from the Development Review)

Don’t worry, the application fees are super FEES-ible.

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Submit completed application and fees to: The Zoning Administrator of Newfane, Merle Tessier (802)-365-7772 ext. 3, zanewfane@newfanevt.com

• After submission: The Zoning Administration has 30 days to either accept or deny application, refer the application to The Development Review Board (DRB) and/ or the state for further consideration. If the Zoning Administration fails to act in 30 days, the permit is deemed issued on the 31st day.
• The Zoning permit will not take effect until the appeal time period has elapsed. This time period will be noted on the approved permit.
• Permit Duration and Extension: The permit will last for 1 year. All construction must commence within this year and an extension must be requested if this time period has elapsed and construction is still underway.
• Extension Request: Notify Merle, the Zoning Administrator, of the needed extension. He’ll issue a 12 month extension to the permit. If the construction lasts longer than this extended 12 months, another zoning permit must be submitted.

NEWFANE ZONING BYLAWS

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If you don’t hear from Merle within 30 days, it is presumably approved!

Break out the jackhammer!!

NEWFANE

ZONING BYLAWS

STEP 3

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STEP 3: DEVELOPMENT REVIEW BOARD

Photo by John Holm on Unsplash

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NEWFANE ZONING BYLAWS

• Why: Approval from DRB is necessary, because construction projects fall under defined conditional uses (Multi-unit housing and Cultural Facility) within Rural District, the type of land where SUSU farm is located. See Article 3 section 333 for a full list of projects defined as conditional uses.
• If deemed necessary, Merle, ZA, will forward the application to the DRB and they will schedule a hearing for your case.
• Procedure: A public hearing in which the DRB with hear and decide upon requests for conditional uses within the district for which they are proposed
• Conditional Use standards viewed by the DRB are laid out in Article 2 Section 212.5.a; site plan review standards are not mandated but also taken into consideration for approval (see Article 2 Section 212.6.a-e)
• The DRB must approve or deny application within 45 days after adjournment of the hearing. Failure to issue a decision within the 45 day time period, the application is deemed approved on the 46th day. Decision will be sent by mail to the applicant.
• The DRB may place additional safeguards and conditions as deemed necessary with the approval of the permit. These additions will be decided at the hearing and will be sent to parties involved along with approval/denial.

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Step 3: Obtain a Conditional Use Permit from the Development Review Board

This step will only happen if deemed necessary by Merle Tessier, the Zoning Administrator of Newfane. I expect that it will be necessary based on SUSU’s construction goals.

Article 4 of the Zoning Bylaws delimit specific standards and permit applicability for specific development additions or changes. See this section for Information on:

• State Requirements; section 410
• Change of Use; section 420
• Non-conforming uses, structures, lots; section 430
• Abandonment and Demolition; section 440
• Off-street Parking and Loading; section 450
• Signs; section 460
• Environmental Protection; section 470
• Light and Glare; section 480
• Temporary Uses; section 490

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STEP 3: DEVELOPMENT REVIEW BOARD

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Details of General Standards

Resources and Contacts

• Merle Tessier: Zoning Administrator; zanewfane@newfanevt.com; (802)-365-7772, Ext. 3
• Contacts for Regional Offices
• Department of Environmental Conservation Permit Specialist: (802)-279-4747
• Department of Environmental Conservation Water/Wastewater Program: (802)-885-8956
• Link to Regional Offices for State Permits and other state agency resources: https://dec.vermont.gov/sites/dec/files/ead/documents/permitbro_10-27-15.pdf

Other Relevant Resources:

• BIPOC Land Access and Opportunities Act: In the process of being passed.

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ACKNOWLEDGEMENTS

Acknowledgements

• We would like to acknowledge many individuals who have made this process possible!
• Jon Isham - Professor of Environmental/Economics Studies
• Diane Munroe – Assistant Director for Community Based Learning
• The SUSU Team: Jarmal, Amber, Naomi, Ky, Kegan
• Al Karnatz – VT Land Trust, District 9 Commissioner
• Merle Tessier – Newfane town Zoning Office
• Vermont Farms (for sharing their experiences)
• Retreat Farm, Giant Journey Farm, Scott Farm, Robb Family Farm
• Canva vector creators
• @aurielaki, @sketchify, @atdaographic, @trendify

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• Feel free to connect with each of the ENVS401 SUSU team members in the future
• Phumisit “Jaab” Veskijkul
• pveskijkul@middlebury.edu
• Galen von Wodtke
• gvonwodtke@middlebury.edu
• Taylor Lovely
• tlovely@middlebury.edu
• Molly Conover
• mconover@middlebury.edu
• Masud Tyree Lewis
• mlewis@middlebury.edu

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BIBLIOGRAPHY

REFERENCES

Agency of Natural Resources. “Homeowners Guide to Onsite Wastewater Systems,” n.d. https://dec.vermont.gov/sites/dec/files/dwgwp/ro/pdf/Homeowners%20Wastewater%20System%20handout%20%28003%29.pdf.

Boulbol, Greg. “Act 250 Legal Standards.” Vermont Natural Resources Board, n.d. https://legislature.vermont.gov/Documents/2020/WorkGroups/House%20Natural/Bills/19-0040/Written%20Testimony/Act%20250%20Legal%20Standards/W~Greg%20Boulbol~19-0040,%20Undue%20Adverse%20vs.%20Avoid-Minimize-Mitigate~4-2-2019.pdf.

Department of Environmental Conservation. “Wastewater System Designer Licensing.” Accessed May 10, 2022. https://dec.vermont.gov/water/licensed-designers.

———. “Wastewater Systems and Potable Water Supplies.” Vermont.gov. Accessed May 10, 2022. https://dec.vermont.gov/water/ww-systems.

Drinking Water and Ground Water Protection Division. “Wastewater System and Potable Water Supply Rules.” State of Vermont Agency of Natural Resources, Department of Environmental Conservation, n.d. https://dec.vermont.gov/sites/dec/files/dwgwp/ropermits/pdf/doineedapermit.15.10.09.pdf.

Environmental Assistance Office. “‘Do You Need A State Permit?’ Brochure.” Department of Environmental Conservation, 2015. https://dec.vermont.gov/sites/dec/files/ead/documents/permitbro_10-27-15.pdf.

Environmental Board. Act 250: A Guide to Vermont’s Land Use Law. State of Vermont, 2003.

“Forms & Documents | Official Website for the Town of Newfane, Vermont.” Accessed March 17, 2022. http://newfanevt.com/forms-documents/.

Natural Resources Board. “ACT 250 Jurisdiction Categories,” June 25, 2019. https://nrb.vermont.gov/sites/nrb/files/documents/Act%20250%20Jurisdiction%20Categories_0.pdf.

———. “Act 250 Program.” Vermont.gov. Accessed May 10, 2022. https://nrb.vermont.gov/act250-program.

———. “Act 250: What Are the 10 Criteria?” Vermont.gov. Accessed March 17, 2022. https://nrb.vermont.gov/act250-permit/criteria.

———. “Do I Need a Permit?” Vermont.gov. Accessed May 10, 2022. https://nrb.vermont.gov/act250-permit/need-a-permit.

Newfane Planning Commissioners. “Newfane Town Plan,” July 2018. http://www.windhamregional.org/images/docs/towns/Newfane/Newfane_TownPlan_2018-07-16.pdf.

“Newfane Zoning Bylaw.” Town of Newfane, Vermont, February 19, 2015. http://newfanevt.com/wp-content/uploads/2015/04/Adopted-Zoning-Bylaws-2015.pdf.

State of Vermont Superior Court Environmental Division. “WhistlePig Appeal, Decision on Motions,” n.d. https://www.vermontjudiciary.org/sites/default/files/documents/WhistlePig%20LLC%20Act%20250%20JO%20Appeal%20%2021-2-13%20Vtec%20Recon%20Dismiss.pdf.

Official Website for the Town of Newfane, Vermont. “Town Directory, Newfane Vermont.” Accessed May 10, 2022. https://newfanevt.com/town-directory/.

Town of Newfane, Vermont. “Application for Zoning Permit,” 2021. http://newfanevt.com/wp-content/uploads/2021/06/PERMIT-APPLICATION-FORM-2021.pdf.

Vermont Environmental Board. “Declaratory Ruling #413, Re:Scott Farm, Inc.,” n.d. https://nrb.vermont.gov/sites/nrb/files/documents/dr413-fco.pdf.

“Vermont Laws, Title 10 Chapter 15.” Accessed March 17, 2022. https://legislature.vermont.gov/statutes/section/10/151/06086.

MAY 2022

ENVS 0401B

SUSU COMMUNITY FARM

Photo by Peter James Eisenhaure on Unsplash