Act 250 board suspends work on ‘road rule,’ Tier 3 regs ahead of likely repeal

By Shawn Cunningham
© 2026 Telegraph Publishing LLC

Earlier today, Alex Weinhagen of the Vermont’s Land Use Review Board told The Telegraph, “We are suspending work on the Tier 3 and the Road Construction Jurisdiction provisions of Act 181 given the Legislature’s likely repeal of these two elements of the law.”

Then this afternoon, the LURB, which administers the Act 250 program for the State of Vermont, issued a press release confirming that and saying it has suspended “… rulemaking on Tier 3 (critical natural resources) areas and implementation of the Road Construction Jurisdiction (the ‘road rule’) …”  as the “Legislature has indicated that it intends to repeal these two sections of the land use modernization law, Act 181, through a bill now under consideration by the House Environment Committee (Senate bill S. 325).”

The press release went on to say, “The Board has updated its recently released Frequently Asked Questions (FAQs) document to reflect suspension of Road Construction Jurisdiction and Tier 3 work. The updated FAQs continue to explain other changes to Vermont’s land use law and address questions raised by Vermonters.

“We will continue work on implementation of other Act 181 provisions (e.g., regional plan review/approval, Tier 1B & 1A, etc.) as well as administration of the core Act 250 program,” Weinhagen told The Telegraph.