Act 250 Permits (10 VSA Chapter 151, §§ 6001 - 6111)
The VTrans Development Review Services unit reviews all submitted Act 250 applications relative to their impact on the transportation system. Criterion 5 of Act 250 requires that applicants demonstrate their proposed project:
(A) Will not cause unreasonable congestion or unsafe conditions with respect to use of the highways, waterways, railways, airports and airways, and other means of transportation existing or proposed.
(B) As appropriate, will incorporate transportation demand management strategies and provide safe access and connections to adjacent lands and facilities and to existing and planned pedestrian, bicycle, and transit networks and services
When the proposed development is expected to add 75 or more peak hour vehicle trips to the state highway system, a Traffic Impact Study (TIS) should be considered. There may be other instances where a Traffic Impact Study is recommended such as an area with existing safety or traffic congestion issues, or in an area with development pressure. For more information regarding Traffic Impact Studies, please visit the VTrans Traffic Impact Study Guidelines at: VTrans Traffic Impact Study Guidelines.
In the case of complex or unique development proposals, preliminary discussions with the Development Review Services unit is recommended to determine if a TIS is required and its scope.
For more information on Transportation Demand Management Guidance that can be used as a tool in conjunction with the Traffic Impact Study Guidelines please visit: Transportation Demand Management Guidance (2016)
Transportation Impact Fee (Act 145 – 10 VSA §6104)
Per Act 145 of 2014-Transportation Impact Fees (10 VSA Sections 6101-6111) proposed development projects seeking an Act 250 permit that are near a transportation project funded by VTrans, a municipality or other developers may be assessed a transportation impact fee under certain circumstances. The Act 145 Transportation Impact Fee Guidance provides background information on Act 145, outlines the circumstances under which it applies, describes the methods used to estimate a transportation impact fee for a specific transportation project, and demonstrates how the fee is applied to development proposals.
An interactive online Act 145 Transportation Impact Fee Map is available that identifies the transportation projects for which Act 145 transportation impact fees have been established to date and includes the transportation impact fee and other descriptive information. The map also identifies potential locations where an Act 145 transportation impact fee may be applied but has not yet been officially established.
Act 250 District Commissions have the authority to require payment of an Act 145 fee as a condition in a permit. VTrans is responsible for recommending the fee. The guide and the online map may be useful to Act 250 applicants that want to develop their own fee estimate to assist with the financial planning for their projects or may want to provide their own evidence during the Act 250 review process regarding the fee.
VTrans staff in the Development Review Section are available to assist with fee estimates.
State Highway Access and Work Permit (19 VSA §1111), Section 1111
Most development proposals require access to state and local highways and many involve connections or changes to drainage and utilities within the state or town right-of-way. Permits are required for any work within a state or municipal highway right-of-way. For more information about State Highway Access and Work Permits, please visit: http://vtrans.vermont.gov/planning/permitting
Christopher Clow, P.E.
Tel: (802) 522-4901