Act 250 And Act 200
Act 250, Vermont’s comprehensive land-use law, was passed in 1970 to protect against substandard or shortsighted development and the burdens it places on water, sewer, utility, police and fire services and on schools and roads. Act 250 was designed to protect air and water quality; promote soil conservation; and preserve wildlife habitats and scenic, archaeological and historic sites.
Proposals for all commercial projects of 10 or more acres, developments in elevations above 2,500 feet, developments involving 10 or more lots in a five-year period, developments with 10 or more units, roads longer than 800 feet serving subdivisions, projects of less than 10 acres in towns without zoning and subdivision bylaws, or other special cases are reviewed by one of nine District Environmental Commissions, each with jurisdiction in a particular region.
To receive a permit, each development proposal is reviewed against 10 criteria specified in Act 250. The procedure provides a public hearing where abutters and interested parties may voice their views on the proposal. Most Act 250 permits are granted conditionally. Two-thirds are issued in under 60 days. Several thousand applications have been processed and fewer than 5 percent have been denied. Decisions may be appealed to the state environmental court. Final appeals may be made to the Vermont Supreme Court.
Act 200, a growth management act, went into effect in 1989 to make sure that regional and local plans are consistent with Vermont’s planning goals. This law addresses agricultural land, forest preservation and affordable housing.
Vermont’s 251 municipalities must have approved town plans to be eligible for state planning funds. Towns may collect impact fees from developers to help fund municipal projects made necessary by development. Towns must have an adopted capital budget and program in order to collect these fees. Planning officials say the town plans are an aid to development because they remove ambiguity, and can speed the process and clarify expectations.
Lack of Billboards
Although several states have followed Vermont’s lead, the Green Mountain State was one of the first to outlaw billboards and enact a set of stringent rules regulating all kinds of other signage. A 1968 law prohibits privately owned, off-premises signs and restricts the size, height and distance from the road of on-premises signs. Signs aren’t allowed to have moving parts or flashing lights, either. All signs are forbidden on the legal right-of-way. Communities may adopt laws more stringent than the state’s.
Proponents of the billboard law point with pride at the state’s scenic, uncluttered roadsides as a key attraction for visitors. Others note the difficulties those same visitors have in finding their destinations.
The restrictions have led local entrepreneurs to look for new and eye-catching ways to grab attention. In Leicester, a 19-foot concrete gorilla holds a VW Beetle aloft in one hand over the lot of a used-car dealership. Elsewhere, eye-catching flags or giant objects sprout on buildings and lawns of retail establishments, and elaborately decorated trucks and vans are parked in conspicuous spaces.
No Smoking
Vermont’s Clean Indoor Air Act prohibits smoking in public buildings and in the common area of all enclosed indoor places of public access. This includes buildings or facilities owned or operated by social, fraternal or religious clubs. The only exceptions to these restrictions involve designated workplace smoking areas and areas — not commonly open to the public — of owner-operated businesses with no employees.
No Peeking
Privacy is cherished in the Green Mountain State. In 2005, the Legislature enacted a law that makes it a crime to peep in windows or to use any technology, including cameras, to spy on people.
A Day Off
Vermonters generally observe national holidays — weekdays when there is no mail and the banks are closed — in much the same way they are honored in other states. Many businesses close for the day; some gear up to run specials and sales; others scale back to skeleton staffs. Many states add at least a couple of days that are special on a statewide or local level. Vermont has few, but they are worth noting.
Bennington Battle Day. Aug. 16 marks the anniversary of the Battle of Bennington (actually fought in Walloomsac, N.Y.) when British troops attempted to capture Bennington storehouses of ammunition and supplies. The British were turned back by the so-called “Bennington Mobb” made up of Ira Allen — Ethan was in jail at the time — the Green Mountain Boys and (mostly) Benning-tonians. The closer you are to the Bennington Monument (the southwest corner of the state), the more likely that businesses will take the day off.
Town Meeting Day. Vermont law reads: “A meeting of the legal voters of each town shall be held annually on the first Tuesday in March unless the town charter says otherwise.” An amendment allows for an alternate date for town meeting “the first Saturday immediately preceding the first Tuesday in March.”
Some public schools (and businesses) close to honor this expression of participatory government. Sales representatives who are planning cold calls in the state in early March might want to phone ahead. Because voting by Australian ballot must be held on that first Tuesday, many people arrive at work a little late or leave a half hour early in order to vote. The event not only allows them to participate in democracy, but also provides a chance to see neighbors they haven’t seen since winter began.
Deer Hunting Season
The 16-day deer hunting season, which runs from mid- to late-November, attracts the attention of all Vermonters, not just hunters. Opening day of the season, although not a designated holiday, probably can compete with the day after Thanksgiving as a most-requested day off. Huge numbers of Vermonters (mostly men, but that’s changing) spend at least one of the weekends at “deer camp,” traditionally a cabin in the woods with few amenities. More recently, deer camp might include condos or hotel suites ... and a good many of the hunters really do hunt.
Alcohol
In 1991, Vermont became the fifth state to lower the allowance for legal blood alcohol content while driving from 0.1 percent to 0.08 percent. The law imposes stiffer penalties for repeat convictions and requires counseling for offenders.
All hard liquor (anything over 16 percent alcohol content by volume) is controlled by the state. Prices are tightly regulated, so there is no variation among liquor stores. Beer and wine are sold at supermarkets and convenience stores. •
