Implementation

Project Review: Act 250 and Section 248

Statutory Role

Project Review Committee Process

Resolving Conflicts Between Plans

Implementation

Project Review: Act 250 and Section 248

STATUTORY ROLE

The State of Vermont and various federal agencies have a number of proceedings where town plans and the Regional Plan are used in making land use and resource decisions. In the process of development review and permitting, the WRC will assist decision-makers regarding regional issues addressed in this Plan. For Act 250 and Section 248 proceedings, this assistance is statutorily required under 24 V.S.A. § 4345a (13 and 14). The WRC has the right to appear before the District Environmental Commission for Act 250 proceedings and the Public Utility Commission for Section 248 proceedings and aid these Commissions in making determinations under the relevant statutes. State law provides that regional plans are relevant to permit applications as well, as provided under 24 V.S.A. § 4348. 

SUBSTANTIAL REGIONAL IMPACT

The Project Review Committee (“Committee”) is the body within the WRC that reviews applications submitted under, but not limited, to Act 250, Section 248, and the Federal Energy Regulatory Commission. With staff support, the Committee reviews proposals and project applications that have potential Substantial Regional Impact or are potentially precedent-setting. Reviews are based on conformance to the Regional Plan. Projects of Substantial Regional Impact are those that require regional resources, services, facilities, or that because of their size, location, or type will:

  • Benefit the region as a whole;

  • Be necessary to the well-being of the region;

  • Be responsible for impacts to regional resources, services or facilities;

  • Be located outside the region but affect it in some manner;

  • Affect more than one town;

  • Continue to cause ongoing concern to the region or its communities; or

  • Have cumulative regional impacts as the result of multiple projects or ongoing development.

PROJECT REVIEW COMMITTEE PROCESS

Some proposed projects may be directed to the Committee for review by WRC staff or accepted for review at the request of a member town.  Also, prior to filing an application or other project proposal, a developer contemplating a project of potential Substantial Regional Impact may request a meeting with WRC staff, the Committee Chair and, upon recommendation, with the full Committee, for the purpose of discussing the project’s concept, potential regional impacts and issues related to project conformance to the Windham Regional Plan and any applicable municipal plan(s).  

Once an application or proposal is filed, staff and the Committee will rely on the information included in the application to conduct the review and will notify the applicant, permitting entity, and any other statutory party, if additional information is needed in order to complete the review process. The review process is as follows:

  1. Staff makes an initial determination of potential Substantial Regional Impact and works with the Committee Chair to finalize projects to be placed on an upcoming Committee agenda.

  2. In preparation for meetings, the Committee or its staff may solicit comments and information from: WRC Commissioners and other officials from the town(s) where the project is proposed, officials from other potentially affected town(s), the applicant, regulatory agencies, and other statutory parties.

  3. The Committee will then formally review and deliberate on all agenda projects at their regularly scheduled meetings. Staff is responsible for presenting their analysis and any information they deem important for the Committee’s understanding of the project. A primary focus of the Committee’s review will be to consider the provisions of town plans and the Regional Plan. The Committee will identify information needs, issues and areas of non-conformance with the Regional Plan and town plans as necessary. Time permitting, and at the discretion of the Committee Chair, members of the public may comment.

  4. The Committee may make site inspections during the course of its work.

  5. The Committee may request further information or studies from the applicant in order to be able to fully deliberate on impacts of a project. The scope of these requests should address impacts to both the natural and human environment and offer measures to avoid and/or mitigate adverse impacts.  The costs of such studies should be borne by the applicant.

  6. The Committee takes action on projects once they have determined that they have the information they need to make their decisions. The Committee will operate by consensus unless a Committee member calls for a formal vote. In such cases, voting will be by those Regional Commissioners in attendance, who have annual appointments to the Committee. Staff will proceed per the Committee’s direction.

  7. WRC comment or testimony on all applications shall be presented by the Executive Director or the staff person designated by the Executive Director.  

 

RESOLVING CONFLICTS BETWEEN PLANS

In the event the Project Review Committee discovers a conflict between provisions of the applicable town plan and the Regional Plan with respect to a development under consideration, then it shall, with the assistance of WRC staff, prepare a Substantial Regional Impact report that addresses the following: 

  1. Is the alleged conflict both clear and distinct? Is the conflict significant? What elements of the proposal appear to conflict with the provisions of one or more applicable plan(s)? Do the provisions of the applicable plan(s) specifically and clearly address the conflicting element(s) of the proposal?  

  2. If permitted to proceed under the auspices of one plan, would this process have a significant detrimental impact on the relevance or application of those applicable provisions in the conflicting plan? 

  3. Would the issues upon which the associated plans appear to conflict have significant negative or positive effects on more than one town? Would the issues have significant negative or positive effects upon regionally important resources, facilities, infrastructure, services, or other factors?

  4. Have reasonable efforts been exhausted to resolve the conflicting issues, such as, but not limited to, amendment of the development proposal?

  5. Will the development proposal, if constructed, cause the implementation of one plan to significantly reduce the desired effect of the implementation of the other plan?

  6. What other factors or information, if any, does the committee deem relevant to determine if a “substantial regional impact” exists? 

The WRC shall review the Project Review Committee’s report, with interim action taken by the Executive Board if necessary (as provided by Article VI.H.3 in WRC Bylaws); the report may be amended. Thereafter, the Board or Commission shall vote to determine whether or not the provisions of the Regional Plan, conflicting with those of the town plan, shall be given precedence. The outcome of this vote, a copy of the Project Review Committee’s report, and any amendments shall be transmitted to the regulatory body conducting the review and to the town involved.  The Committee’s report, and the result of the Executive Board’s or Commission’s voting shall provide the basis for determining whether Substantial Regional Impact exists as required by 24 V.S.A., § 4345a (17), and shall be given "due consideration, where relevant, in state regulatory proceedings" as provided therein.