An Evidence-Based Case
It's Time to
Cancel Act 250
A law designed to protect Vermont is now killing it.
state in America Source
being built Source
home price Source
Understanding the Law
What Is Act 250?
In 1970, Republican Governor Deane Davis signed Act 250 into law, creating one of America's first statewide land use regulations. It was a response to a real crisis: interstate highways had opened Vermont to rapid development, and ski resort sprawl threatened to transform the state's rural character overnight.
The Development Boom
Interstate highways bring explosive growth. Ski resorts, vacation homes, and subdivisions spread across the Green Mountains. Young Vermonters are priced out by wealthy out-of-staters.
Act 250 Signed Into Law
Governor Deane Davis signs Act 250, creating District Environmental Commissions to review major developments against 10 criteria. Vermont becomes a national pioneer in environmental regulation.
The Protection Era
Act 250 largely works as intended. Vermont retains its compact villages, working landscape, and environmental quality while neighboring states face sprawl.
The Overcorrection
Vermont's population stagnates, then declines. Housing production collapses. The law designed to prevent overdevelopment now prevents any development. The protector becomes the barrier.
The 10 Criteria
Every major development must satisfy all 10 — and any neighbor, town, or advocacy group can challenge any one of them.
applications filed per year
eventually approved
days minimum — years with appeals
The process itself is the punishment.
Honest Assessment
The Best Case
for Act 250
Before we make the case for cancellation, we owe Act 250 an honest hearing. This law achieved real things. Dismissing them would be intellectually dishonest — and bad strategy. Here are the three strongest pillars of the pro-Act 250 argument.
Environmental Results
Vermont's water quality, wetland protection, and forest cover are genuinely exceptional. Act 250's environmental review has prevented poorly planned developments from degrading waterways and wildlife habitat.
Vermont has some of the cleanest water in the eastern United States.
Vermont's Character
Compact villages surrounded by working landscapes. No strip-mall sprawl. No McMansion subdivisions eating up hillsides. Vermont looks like Vermont — and Act 250 is a major reason why.
The "Vermont brand" drives $3B+ in annual tourism revenue.
Democratic Participation
Citizen commissions — not faceless bureaucrats — make the decisions. Neighbors have standing to raise concerns. In a state that prides itself on town meeting democracy, Act 250 feels like Vermont.
Community input is baked into the process at every stage.
"These are real achievements. Act 250 solved a real problem in 1970. The question isn't whether it was good — it's whether it's still good."
But here's what's actually happening.
The Data
The Housing
Crisis
Median home price. 88% increase from 2019 to 2025.
new housing units needed by 2029
Building only ~2,300/year — 27% of what's needed
rental vacancy rate
Below the threshold that indicates a functioning market
of Vermont renters earning under $75K spend more than 30% of their income on housing — the federal definition of "cost-burdened."
Demographic Collapse
The Population
Death Spiral
Vermont has been the fastest-shrinking state in America, losing population at -0.3% per year. Deaths have outpaced births every year since 2016. This isn't a blip — it's a structural collapse.
workers retiring annually
entering the workforce
net workforce loss per year
No housing → no workers → no economy → no tax base → no services → no Vermont.
It's a death spiral, and it's already spinning.
Human Cost
The Homelessness
Crisis
Vermonters homeless
January 2024
highest homelessness
rate nationally
jump in unsheltered
80 → 231 in one year
homeless per
10,000 residents
The Paradox
The Cruel Irony
Act 250 is passed because:
Young Vermonters can't afford homes due to over-development.
Too many ski condos and vacation homes. Outsiders buying up everything. Development outpacing infrastructure.
The result:
Young Vermonters can't afford homes due to under-development.
Not enough housing for anyone. The regulatory barrier is so high that builders have given up. The state is emptying out.
The law designed to protect Vermont from becoming unaffordable has made it the most unaffordable it's ever been.
Regulatory Burden
The Process Is
the Punishment
Act 250 approves 98%+ of applications. It's not stopping bad projects — it's taxing all projects with time, money, and uncertainty.
in permit fees alone
days minimum
approval rate — so what's the point?
The Permit Timeline
Sugar Mountain Holdings
Nearly three years. For a project that was ultimately approved. Three years of carrying costs, legal fees, and uncertainty.
South Burlington — 32 Homes
Three years to approve 32 homes. In the middle of a housing crisis. In a town that wanted them. The system is working exactly as designed — and that's the problem.
Small developers are hit hardest. Large firms can absorb the legal fees and time costs. Mom-and-pop builders, the ones most likely to build affordable housing, can't. Act 250 is a regressive tax on housing production.
Control Group
The New Hampshire
Comparison
Same landscape. Same climate. Same New England heritage. Different regulatory approach. Different outcomes.
The Solution
What Should
Replace It?
Canceling Act 250 doesn't mean lawlessness. It means trusting the systems that already exist — and building better ones where they don't.
Municipal Planning Works
Local zoning already exists in every Vermont town. Communities can — and should — decide what gets built where. Act 250 layers state bureaucracy on top of functional local governance.
Regional Coordination
Regional planning commissions already coordinate cross-town issues. Strengthen them instead of maintaining a one-size-fits-all state process. The New Hampshire model works.
Targeted State Review
Reserve state-level environmental review for genuinely impactful projects — not 32-unit housing developments in towns that want them. Protect waterways, endangered species, and critical habitats. Let housing get built.
Remove the Chokepoint
The single biggest thing Vermont can do for its housing crisis is remove the bureaucratic barrier that makes building too expensive, too slow, and too uncertain for small developers.
The goal isn't less environmental protection. It's smarter environmental protection — the kind that can coexist with a state that actually has people in it.
Take Action
Vermont's future
depends on what
happens now.
Act 250 reform bills are introduced every session. Most die in committee. This will only change when legislators hear from constituents.
Can't find your town? Search on legislature.vermont.gov
Sources & Further Reading
Vermont Housing Finance Agency — Housing Needs Assessment (2024)
U.S. Census Bureau — Population Estimates
HUD Point-in-Time Count — Homelessness Data (2024)
Vermont Natural Resources Board — Act 250 Annual Report
Vermont Department of Labor — Workforce Data
National Low Income Housing Coalition — Out of Reach Report
Vermont Futures Project — Housing Demand Model
NH Office of Planning — Municipal Land Use Survey