For many, updating Vermont’s Act 250, a pivotal land-use law that remained largely unchanged for nearly three decades, seemed impossible. Deeply entrenched interests and divergent viewpoints stalled progress each time either side proposed changes.
Over 50 years ago, Act 250 was one of the very first state-level policy innovations to reform the use of local land use controls, protect the environment, and better guide growth. It was called the “Quiet Revolution in Land Use Control.” But time tests all change, and Act 250 was increasingly seen as a hindrance by diverse interests, often at odds with each other. It hadn’t received major updates since the mid-1990s.
“Everyone had their own view of how to modernize Act 250, but there was no consensus. Act 250 predated several landmark environmental laws such as the Clean Water and Clean Air Acts. The challenge was how to reduce any redundancy with other environmental laws and land use permitting programs while maintaining environmental protections,” Matt Strassberg, a professional facilitator and the director of the Environmental Mediation Center, said.
Business and environmental organizations couldn’t agree on a path forward, and as a result, there was a longstanding stalemate on making major changes.
“For many years, there were several efforts to amend Act 250 to enable more housing to be built, but we didn’t succeed. Obtaining an Act 250 permit adds time and money to the development of affordable housing, something Vermont can’t afford in the middle of this housing crisis. If a permit is appealed, the project can be delayed for two years or more,” Senior Vice President of Real Estate Development Kathy Beyer of Evernorth said.
On the other hand, environmentalists have argued that Act 250 doesn’t provide strong enough protection from development in response to climate change.
“Prior efforts failed to result in the major changes we hoped for due to a number of factors, including a lack of consensus on how to reform Act 250,” Brian Shupe, Executive Director of the Vermont Natural Resources Council, said.
Governor Phil Scot vetoed the most recent reform bill, H.687, which aimed to modernize Act 250 by balancing housing growth with environmental conservation. The Governor’s disapproval highlighted the contentious nature of the proposed changes.
Nevertheless, the Legislature overrode the veto in June of 2024 and underscored the unified determination to overhaul Act 250. The update to Act 250, H.687, will now become law.
Stakeholders say that the Environmental Mediation Center (EMC), which facilitated constructive dialogue, was central to the successful reform. Momentum to find consensus began in 2023 when discussions facilitated by EMC set the stage for conversations in the following legislative session that would shape H.687 and ultimately lead to its passage.
“Through this project, we worked closely with a diverse stakeholder group and, somewhat surprisingly, we reached an agreement on a balanced package of changes that eliminated Act 250 jurisdiction in appropriate smart growth locations and increased protection of sensitive natural resources and forests. The EMC team’s tireless efforts and the relationships forged with the stakeholders were key in developing the compromise,” Shupe said.
EMC became involved after the Legislature required the Vermont Natural Resources Board (NRB), which oversees Act 250, to undertake a stakeholder project to develop recommendations for updating Act 250. The NRB contracted with the EMC to facilitate the meetings with stakeholders and provide the final report. EMC launched the facilitated stakeholder project in June 2023 to meet the December 31, 2023 deadline for delivering the final NRB report to the legislature.
Sabina Haskell, Chair of the NRB, reflected on the monumental challenge and how EMC helped pave the way for success, “I knew the process would be challenging given the historically different perspectives and opposing agendas of many of the stakeholders. I hoped we could produce a report that would be helpful to the Legislature but I thought it was a near impossible ask that the diverse stakeholders would sign off on one set of recommendations. The stakeholders kept their minds open and debated proposals back and forth. The EMC facilitated the project and helped us do the impossible.”
Director Matt Strassberg underscored the importance of bringing stakeholders together through professional facilitation before their conversations in the legislative session.
The EMC assembled a team of facilitators and land use experts including Maxine Grad (former Chair of the Vermont House of Representatives Judiciary Committee), Toby Berkman (Consensus Building Institute), Tom Daniels (Land Use Professor from the University of Pennsylvania), and Jack Kartez (Mediator/facilitator and Professor Emeritus, University of Southern Maine).
Strassberg says having subject matter experts on the team was critical. They brought an understanding of state-of-the-art land use policy and permitting programs from across the country to help develop practical and effective options for modernizing Act 250 for the stakeholders’ consideration.
The EMC and the NRB formed a steering committee comprised of leaders who represent a variety of constituencies with an active stake in the Act 250 program: applicants, consultants, attorneys, economic development organizations, housing organizations, municipalities, district coordinators and commissioners, environmental advocates, and state agencies. In addition to the steering committee, the EMC met individually with six interest-based focus groups comprised of leaders in each of the sectors listed above.
“Even though for a decade or more every time one side proposed changes, the other side would shoot it down, we saw it wasn’t a zero-sum game where if one side got what they wanted, the other would lose,” Strassberg said. “It was about working with the parties and asking them whether if they got what they really wanted, could they compromise on other things because they were getting their key priority issues.”
Strassberg says that in addition to working with the steering committee and interest groups, the EMC held meetings with parties one-on-one to hammer out the proposal and discuss what each side would be willing to accept to ensure that they got their high-priority issues. The major reforms passed in H.687 include decreasing Act 250 regulation in existing development centers and increasing Act 250’s protections in ecologically sensitive areas.
Kathy Beyer, Senior Vice President of Real Estate Development at Evernorth, highlighted how the process ultimately benefited everyone: “The facilitation team asked steering committee members to identify our priorities for amending Act 250 then worked to help us develop a package deal where we were all able to achieve our top priorities. In the end, housing and other developments were exempted from the downtown areas where we prefer to build affordable housing and there is increased protection for sensitive natural resources areas. Somehow, everybody won.”
As Vermont moves forward, the lessons learned from this collaborative process will continue to shape future policy-making efforts, ensuring that the state remains a leader in balancing economic progress with environmental stewardship.
For a detailed overview of the facilitation process that led to the reformed law, visit: www.emcenter.org/vermont-act-250/.
