AN EVIDENCE-BASED CASE

Cancel Act 250

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An Evidence-Based Case

It's Time to
Cancel Act 250

A law designed to protect Vermont is now killing it.

#1 Fastest-shrinking
state in America
Source
27% Of housing need
being built
Source
$427K Median
home price
Source
Scroll

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.

1960s

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.

1970

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.

1970–2010

The Protection Era

Act 250 largely works as intended. Vermont retains its compact villages, working landscape, and environmental quality while neighboring states face sprawl.

2010–Present

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.

1Water & Air Pollution
2Water Supply
3Burden on Water
4Soil Erosion
5Traffic & Safety
6Educational Services
7Municipal Services
8Aesthetics & Scenic Beauty
9Natural Areas & Wildlife
10Conformance with Plans
~400

applications filed per year

98%+

eventually approved

90+

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

$227K $0K

Median home price. 88% increase from 2019 to 2025.

0 0

new housing units needed by 2029

Building only ~2,300/year — 27% of what's needed

0 %

rental vacancy rate

Healthy = 4–6%

Below the threshold that indicates a functioning market

0 %

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.

0

workers retiring annually

vs 0

entering the workforce

0

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

0

Vermonters homeless
January 2024

#0

highest homelessness
rate nationally

0%

jump in unsheltered
80 → 231 in one year

0

homeless per
10,000 residents

The Paradox

The Cruel Irony

1970

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.

2025

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.

$0

in permit fees alone

0+

days minimum

0%+

approval rate — so what's the point?

The Permit Timeline

Day 1 Application filed
Day 30 Initial review
Day 60 Hearing scheduled
Day 90 Decision (if no appeals)
Day 180+ With appeals
Day 365+ Still waiting...
Day 1,000+ Some projects
Case Study

Sugar Mountain Holdings

0 days in the process

Nearly three years. For a project that was ultimately approved. Three years of carrying costs, legal fees, and uncertainty.

Case Study

South Burlington — 32 Homes

3 years

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.

VERMONT
Regulation Act 250 — state-level review
Population Shrinking
Housing Crisis
Workers -8,200/yr
Approach State overrides local decisions
NEW HAMPSHIRE
Regulation Local control — no state equivalent
Population Growing
Housing Building
Workers Gaining
Approach Towns decide their own development

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.

01

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.

02

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.

03

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.

04

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

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