What Is an Act 250 Disclosure Statement?
The Act 250 program provides a public, quasi-judicial process for reviewing and managing the environmental, social and fiscal consequences of major subdivisions and developments in Vermont. The program is implemented through the 9 District Environmental Commissions.
The District Environmental Commissions:
- evaluate each Act 250 permit
- provide assistance to applicants and other parties
- assist permittees in maintaining compliance with permit terms and conditions
- and enforce the requirements
The development or subdivision must meet the following criteria:
- Will not result in undue water or air pollution.
- Has sufficient water available for the needs of the subdivision or development.
- Will not unreasonably burden any existing water supply.
- Will not cause unreasonable soil erosion or affect the capacity of the land to hold water.
- Will not cause unreasonably dangerous or congested conditions with respect to highways or other means of transportation.
- Will not create an unreasonable burden on the educational facilities of the municipality.
- Will not create an unreasonable burden on the municipality in providing governmental services.
- Will not have an undue adverse effect on aesthetics, scenic beauty, historic sites or natural areas, and will not imperil necessary wildlife habitat or endangered species in the immediate area.
- Conforms with the Capability and Development Plan
- Is in conformance with any local or regional plan or capital facilities program.
Looking for detailed information on the permit criteria? Visit the Vermont Natural Resources Board website to learn more.
When Should I File an Act 250 Disclosure Statement?
Prior to the division or partition of land, the seller or other person dividing or partitioning the land shall prepare an Act 250 Disclosure Statement. A person who is dividing or partitioning land, but is not selling it, shall file a copy of the statement with the town clerk, who shall record it in the land records.
The seller who is dividing or partitioning land as part of the sale shall provide the buyer with the statement within ten days of entering into a purchase and sale agreement for the sale or exchange of land, or at the time of transfer of title, if no purchase and sale agreement was executed, and shall file a copy of the statement with the town clerk, who shall record it in the land records.
Do not file the Act 250 Disclosure Statement with the Department or the Natural Resources Board.
What Happens If I Do Not File Act 250 Disclosure Statement?
Failure to provide the statement as required shall, at the buyer’s option, render the purchase and sales agreement unenforceable.