Vermont will loosen some wetland protections to help spur new housing under a compromise announced Tuesday between environmental groups and Gov. Phil Scott’s administration.
The agreement will temporarily shrink the buffer restricting construction around certain wetlands from 50 to 25 feet in areas designated for housing growth. In exchange, the administration dropped its push to limit regulations only to wetlands on existing state maps.
The deal puts to rest for now the simmering debate over whether Scott overstepped his authority last fall when he issued an executive order that sought to limit wetland regulations for new housing in areas the state has designated for growth.
Environmental groups including the Vermont Natural Resources Council and the Conservation Law Foundation objected to the order and threatened to sue. Attorney General Charity Clark suggested that the Scott administration make the changes it sought through the formal legislative rulemaking process.
It tried, but Democratic lawmakers on the Legislative Committee on Administrative Rules objected in May to the new rules, then did so again to the revised rules in July.
The administration opted to implement the rules over lawmakers’ objections after environmental groups agreed not to sue. The smaller buffer rules take effect August 8.
Miro Weinberger, executive chair of advocacy group Let’s Build Homes, helped negotiate the compromise.
“Our wetlands regulations have successfully protected natural resources, but they were not designed to address other critical needs,” Miro said in a press release. “After years of conflict, there is now a consensus on how to evolve the system to advance both housing and wetlands goals at once.”
The deal includes a Joint Statement of Commitment among all the parties, including Natural Resources Secretary Julie Moore and the Lake Champlain Committee. The document calls for short-, medium-, and long-term measures meant to speed housing production without compromising significant wetland protections.
In an interview, Moore said the administration struck the deal because no one would be served by a court battle. The buffer reduction alone could make housing easier to build on up to 2,000 acres, she said.
In addition, the state is working to improve the wetland maps, which she said are “kind of crummy.” The update will give builders greater certainty and regulatory predictability while also protecting wetlands, she said.
Elena Mihaly, Conservation Law Foundation vice president for Vermont, said the deal strikes a balance between addressing the housing shortage and wetland protections.
“As communities work to build more homes in our downtowns and town and village centers, it’s equally important to preserve the natural systems that help reduce flooding and protect Vermonters,” she said in a release.
