Vermont § 6084 - Notice of application; hearings; commencement of review

§ 6084. Notice of application; hearings; commencement of review

• (a) Upon the filing of an application with the District Commission, the District Commission
  shall send, by electronic means, notice of the application to the owner of the land
  if the applicant is not the owner; the municipality in which the land is located;
  the municipal and regional planning commissions for the municipality in which the
  land is located; the Vermont Agency of Natural Resources; and any adjacent Vermont
  municipality and municipal and regional planning commission if the land is located
  on a municipal or regional boundary. The District Commission shall send by electronic
  means a copy of the notice to the town clerk’s office of the town or towns in which
  the project lies. The town clerk shall post the notice in the town office. The applicant
  shall also provide a list of adjoining landowners to the District Commission. Upon
  request and for good cause, the District Commission may authorize the applicant to
  provide a partial list of adjoining landowners in accordance with Board rules. (b) Upon an application being ruled complete, the District Commission shall determine
  whether to process the application as a major application with a required public hearing
  or process the application as a minor application with the potential for a public
  hearing in accordance with Board rules. (1) For major applications, the District Commission shall provide notice not less than
  14 days prior to any scheduled hearing or prehearing conference to the applicant;
  the owner of the land if the applicant is not the owner; the municipality in which
  the land is located; the municipal and regional planning commissions for the municipality
  in which the land is located; any adjacent Vermont municipality and municipal and
  regional planning commission if the land is located on a municipal or regional boundary;
  adjoining landowners as deemed appropriate by the District Commission pursuant to
  the rules of the Board; and any other person the District Commission deems appropriate. (2) For minor applications, the District Commission shall provide notice of the commencement
  of application review to the persons listed in subdivision (1) of this subsection. (3) For both major and minor applications, the District Commission shall also provide
  such notice and a copy of the application to: the Board and any affected State agency;
  the solid waste management district in which the land is located, if the development
  or subdivision constitutes a facility pursuant to subdivision 6602(10) of this title; and any other municipality, State agency, or person the District Commission deems
  appropriate. (c) Anyone required to receive notice of commencement of minor application review pursuant
  to subsection (b) of this section may request a hearing by filing a request within
  the public comment period specified in the notice pursuant to Board rules. The District
  Commission, on its own motion, may order a hearing within 20 days of notice of commencement
  of minor application review. (d) Any hearing or prehearing conference for a major application shall be held within
  40 days of receipt of a complete application; or within 20 days of the end of the
  public comment period specified in the notice of minor application review if the District
  Commission determines that it is appropriate to hold a hearing for a minor application. (e) Any notice for a major or minor application, as required by this section, shall also
  be published by the District Commission in a local newspaper generally circulating
  in the area where the development or subdivision is located and on the Board’s website
  not more than 10 days after receipt of a complete application. (1) Notice of any hearing for a major application shall be published, as required by this
  section, not less than 14 days before the hearing or prehearing conference. (2) If the District Commission determines that it is appropriate to hold a hearing for
  an application that was originally noticed as a minor application, then the application
  shall be renoticed as a major application in accordance with the requirements of this
  section and Board rules, except that there shall be no requirement to publish the
  second notice in a local newspaper. Direct notice of the hearing to all persons listed
  in subdivisions (b)(1) and (3) of this section shall be deemed sufficient. (f) The applicant shall post a sign provided by the District Commission on the subject
  property in a visible location 14 days prior to the hearing on the application and
  until the permit is issued or denied. The District Commission shall provide the sign
  that shall include a general description of the project, the date and place of the
  hearing, the identification number of the application and the internet address, and
  the contact information for the District Commission. The design of the signs shall
  be consistent throughout the State and prominently state “This Property has applied
  for an Act 250 Permit.” (g) When an application concerns the construction of improvements for one of the following,
  the application shall be processed as a minor application in accordance with subsections
  (b) through (e) of this section: (1) a sawmill that produces three and one-half million board feet or less annually; or (2) an operation that involves the primary processing of forest products of commercial
  value and that annually produces: (A) 3,500 cords or less of firewood or cordwood; or (B) 10,000 tons or less of bole wood, whole tree chips, or wood pellets. (Added 1969, No. 250 (Adj. Sess.), § 9, eff. April 4, 1970; amended 1991, No. 109, § 2 eff. June 28, 1991; 1993, No. 232 (Adj. Sess.), § 29, eff. March 15, 1995; 1995, No. 189 (Adj. Sess.), § 10, eff. May 22, 1996; 2003, No. 115 (Adj. Sess.), § 54; 2009, No. 146 (Adj. Sess.), § F22; 2017, No. 69, § H.5, eff. June 28, 2017; 2017, No. 113 (Adj. Sess.), § 45; 2017, No. 194 (Adj. Sess.), § 6, eff. May 30, 2018; 2021, No. 170 (Adj. Sess.), § 21, eff. July 1, 2022; 2021, No. 182 (Adj. Sess.), § 32, eff. July 1, 2022; 2023, No. 181 (Adj. Sess.), § 7, eff. June 17, 2024.)