GUIDE TO APPLYING FOR AN

ACT 250 LAND USE PERMIT

(10 V.S.A., CH. 151)

This guide is also available at the Vermont Environmental Board's web site:

www.state.vt.us/envboard/publications.htm. For a copy of the Act 250 law and the Environmental Board Rules contact the District Coordinator for your area or visit our web site.

(Rev. July 1, 2004)

Contents

Page

Introduction to Act 250.........................................................................................................	3

Project Planning...................................................................................................................	4

Line-by-Line Instructions:

Application Cover Sheet.........................................................................................	5

Location Map...........................................................................................................	7

Site Plan and Building Drawings............................................................................	7

Fee Information -- Schedule A................................................................................	9

Act 250 Information -- Schedule B.........................................................................	10

Criteria 1 - 1B (Air and Water Pollution)....................................................	11

Criterion 1C (Water Conservation).............................................................	12

Criterion 1D (Floodways).............................................................................	12

Criteria 1E through 1G (Streams, Shorelines, and Wetlands).................	12

Criteria 2 and 3 (Water Supplies)................................................................	13

Criterion 4 (Soil Erosion and Drainage).....................................................	14

Criterion 5 (Highways)..................................................................................	15

Criterion 6 (Educational Services)...............................................................	16

Criterion 7 (Municipal Services)...................................................................	16

Criterion 8 (Scenic Beauty, Historic Sites, and Natural Areas)................	17

Criterion 8A (Wildlife and Endangered Species Habitat).........................	18

Criterion 9A (Impact of Growth)....................................................................	18

Criterion 9B (Agricultural Soils)....................................................................	19

Criterion 9C (Forest Soils)............................................................................	20

Criteria 9D and 9E (Earth Resources).........................................................	20

Criterion 9F (Energy Conservation)..............................................................	21

Criterion 9G through 9L (Private Utilities, Scattered Development,

Public Utilities, Public Investments, and Rural Growth Areas).................	22

Criterion 10 (Local and Regional Plans)......................................................	24

Adjoiner Information -- Schedule E...........................................................................	24

Certification of Service -- Schedule F.......................................................................	24

Supporting Documents...............................................................................................	25

Newspaper Publication...............................................................................................	25

State and Regional Agency Offices..........................................................................	26

Natural Resource Conservation Service Offices .....................................................	28

Regional Planning Commission Offices ..................................................................	29

Introduction to Act 250

The Act 250 review process created by the Vermont Legislature in 1970 is intended to cover significant development and subdivisions in Vermont. In order to obtain a Land Use Permit under Act 250, an applicant needs to demonstrate to a District Environmental Commission that the development or subdivision can meet ten specific performance criteria. In fact, these criteria are made up of 28 different concerns for the environment and the integrity of Vermont towns and regions. There are nine District Environmental Commissions which review applications. Each Commission is comprised of three members and up to four alternates who reside in the district and who are appointed by the Governor. The Commissioners are lay people, not professional planners.

Decisions of the Commissions are in writing and are based upon a record established by an application and, in some cases, through a public hearing. During the review process the Commissioners must avoid communication with the applicant or other people outside of a hearing to ensure that their decision is based only on the public record. In all cases, the Commission is required to follow the Vermont Rules of Evidence as followed in the courts to ensure that the record is developed in a fair manner.

If an applicant or another party does not agree with the Commission's final decision, an appeal may be filed with the state Environmental Board. The Board consists of nine members appointed from around the state. Appeals are heard anew on those issues raised on appeal and a new record is created. Board decisions are also in writing and may be appealed to the Vermont Supreme Court by certain parties.

Each Commission is served by a District Coordinator who is responsible for the day to day administration of the Commission's business. Some district offices also have one or two Assistant Coordinators. The Coordinator and Assistants rule on jurisdictional questions, assist applicants and other parties in preparing materials for presentation to the Commission, review applications for completeness, schedule public hearings, and provide advice to the Commissions on procedural matters. Questions about the Act 250 process should be directed to the Coordinator or Assistant Coordinator.

The Commissions and the Board are part of an independent state agency. They are not part of the Agency of Natural Resources, although they share some administrative services. The Agency of Natural Resources and other state agencies may participate in the review of Act 250 applications, but only through the hearing process. Any evidence submitted by state agencies is subject to the rules of evidence and other procedural requirements.

Other parties to the review process include the municipality in which the project is located, the municipal planning commission, and the regional planning commission. Adjoining landowners will be allowed to participate to the extent that the proposed project will affect their properties. Other persons and organizations may be allowed to participate if they can demonstrate that the proposed project affects their interest or that they can assist the Commission by providing information. Anyone admitted as a party has the right to offer evidence and witnesses, ask questions relevant to their concerns, and appeal the Commission's decision to the Board.

Public hearings are convened for large or complex applications or when other parties request them. Most hearings begin with a brief overview of the project for the Commission and the public. Applicants should be prepared to provide a concise summary of the important aspects of the project. The overview is followed by discussion of party status. The applicant may object to the participation of certain people, although the Commission will make the final decision. A site visit may occur next, or it may be arranged before or after the hearing. It is important for the applicant to be prepared to show the Commission precisely where the improvements will be located. Many applicants stake the corners of buildings and the centerline of roadways. After the site visit, the Commission will review each criterion, usually in order. The applicant should be prepared to summarize the material presented in the application and answer questions about it. In some cases, applicants may wish to provide experts to support their positions. After the criteria have been reviewed, the Commission will indicate what, if any, modifications or additional information it requires to make a final decision. The Commission will also indicate whether it anticipates reconvening the hearing. In most cases, one meeting is sufficient.

Many applications qualify for "minor" status under Board Rule 51. These are cases where the District Commission, after reviewing the application, determines that there are no significant impacts under the criteria. The minor application process differs from the regular (or major) application process in that no public hearing is scheduled unless requested by a party. This will usually save time for the applicant. The application procedures and requirements are the same for minor applications as they are for regular applications. As stated above, the Commission, not the applicant, makes the "minor" determination.

Project Planning

In order to make the Act 250 review process as smooth as possible, applicants may wish to consider the following suggestions while designing their projects:

First, applicants should thoroughly read over the instructions and the application forms with particular attention to the requirements for each criterion. The questions under each criterion in Schedule B and the related instructions below should be particularly helpful.

Second, applicants should review their conceptual development plans against the criteria to determine whether there are any significant obstacles which could be overcome by redesign or by mitigation. Issues which might arise include the presence of primary agricultural soils under criterion 9(B), conformance with the residential density allowed in the town plan under criterion 10, the need to relocate a section of stream under criterion 1(E), or the design of a driveway exiting onto a heavily traveled highway under criterion 5. The District Coordinator is available to answer questions about interpretations of the criteria.

Third, applicants should explore options for overcoming obstacles. Civil engineers are available to assist with many technical questions. State agency staff are available to discuss mitigation options for certain issues. In some cases the applicant should review the conceptual plans with neighbors or town officials to solve potential problems. If a potential obstacle is too great, the applicant should consider either finding another site or using the land for a more compatible use. The emphasis should be on finding solutions to the problems before spending much money on final plans and filing the application.

Fourth, once the major obstacles have been identified and solutions found, applicants should prepare the detailed application materials. Special attention should be given to showing enough detail in the plans and narratives to demonstrate compliance with the criteria. Remember that the Commission and some parties will be seeing the plans for the first time and they are probably not familiar with the detailed site conditions. The burden is on the applicant to demonstrate that the project meets the criteria.

Finally, many applicants arrange a meeting with the District Coordinator before filing the application to make certain there are not any obvious omissions. This is particularly helpful if the project is complex or there are many obstacles to overcome. Some applicants will also arrange a meeting with the staff of the Agency of Natural Resources (ANR) which reviews all Act 250 applications. This helps avoid last minute comments which can delay the review process. Call the District Coordinator for assistance.

Above all, applicants should try to remain flexible in their planning to accommodate the intent of the Act 250 criteria early in the process, before design changes become expensive.

Line by Line Instructions

When completing the various forms and plans required for a complete application, use the following instructions:

Application Cover Sheets

Line 1) Applicant name: Provide the legal name and address of the applicant as it will be used on deeds, mortgages, and other legal documents. Check the legal form which describes the applicant. If the applicant is a partnership, attach a list of all the individuals in the partnership and their addresses. If the applicant is a corporation, include the incorporation information and the date the corporation was registered with the Vermont Secretary of State. Specify the applicant's legal interest in land as of the date the application is filed.

Line 2) Landowner name: Provide the legal name and address of the landowner at the time the application is filed. The landowner, if different from the applicant, will be made co-applicant for the purpose of processing the application. Once a permit is issued, the permit runs with the land and is binding on any future owners. If more than one landowner is involved, attach a list with the additional names and addresses.

Line 3) Others with significant legal interest: Provide the name and address of individuals and entities which have a substantial legal interest in the land, such as an easement or right-of-way. If you have questions about what constitutes a significant legal interest, contact the District Coordinator or see Environmental Board Rule 10 (www.state.vt.us/envboard/rules.htm).

Line 4) Contact person: Provide the name, phone number, and mailing address for the individual you would like contacted regarding any question about the application.

Line 5) Type of project: Indicate which description best fits your project. If the project had a previous Act 250 permit, please include the number sequence (e.g., 1R0400, 4C0120-3, etc.). If you are applying to amend a permit condition which could be considered essential, you may need to address the Environmental Board's Stowe Club Highlands analysis. Contact the District Coordinator for more information.

Line 6) General description: Provide a general description of your project which can be used in preparing a legal notice. It should include information about the number and size of buildings, the use of buildings, the number of lots, the length of roads, etc. If you are uncertain whether your description is adequate, contact the District Coordinator. You may also attach on a separate page a more detailed summary of the project.

Line 7) Construction and project duration: Indicate how long a period of time is needed to finish construction of the project, including landscaping. Be sure to include enough time for unanticipated delays such as financing or marketing. For subdivisions, do not include the time needed for lot owners to build their own houses. For gravel pits and solid waste disposal projects, include the projected duration of the operation.

Line 8) Land acreage: Provide the total acreage of all contiguous lands which are owned by the applicant and the landowner as reflected in the deeds to the lands. Show the acreage of any additional easements or rights-of-way. Provide the acreage of the site which is actually committed to the project.

Line 9) Land Location: Indicate the location of the project by providing the name of the town(s), the name of the road providing access, a prominent landmark nearby that can be used to locate the project site, the direction and distance to the site from the landmark (e.g.., 0.4 miles southwest of post office), and the state plane coordinates (preferable) or latitude and longitude coordinates for the location where construction will occur (see the District Coordinator if you need help determining these coordinates). You should also attach a map of the area which identifies the project site and if possible a survey map of the property as discussed below.

Line 10) Deed information: Provide information about the deed(s) to the land(s). Be sure to use the current deed information even if the current landowner is a co-applicant only for the purpose of acquiring permits. If easements over other lands are involved, include information on where the easements are recorded. For each deed, include the name on the deed as listed, the book and page numbers, and the date the deed was recorded. If several tracts of land are involved, use a separate page to list the recording information.

Line 11) ANR Permits: Check other permits needed from the Agency of Natural Resources Permits. If you are not certain whether you need a permit from the Wastewater Management Division, call the Regional Engineer, the Permit Specialist, or the District Coordinator for your district.

Line 12) Local permits: Indicate whether you have obtained or applied for a local zoning or subdivision permit. If no permit is needed, check "none needed." If you are uncertain, contact your town office for a determination. Note that many towns prefer that you obtain your local approval before filing this application. Check with your local officials.

Line 13) Application checklist: Include with your application all of the documents listed unless the District Coordinator has instructed otherwise. You may attach other documents that you feel are necessary to support your application. If you have questions about what a particular document is, contact the District Coordinator.

Line 14) Applicant's signature: The applicant must sign the application. If the applicant is a corporation, an officer must sign the application. If the applicant is a partnership, one of the partners must sign the application. If an agent signs for the applicant, a letter signed by the applicant providing such authority must be attached to the application.

Line 15) Applicant's certification: The applicant must confirm with his or her signature that he or she understands that construction of the project shall not commence, including site clearing, until a permit has been issued.

Line 16) Landowner's signature: The landowner, if different from the applicant, must authorize the application. If more than one landowner is involved, attach letters or additional pages with similar authorization language. Do not include underlying landowners of easements if a deed has been transferred granting that easement for the proposed use.

Lines 17 - 18) Distribution of the application: Distribute copies of the application as follows:

Original and four copies (total of five) to the District Coordinator for your district (see attached map for districts)

One copy to the municipality (selectmen, aldermen, or trustees).

One copy to the municipal planning commission.

One copy to the regional planning commission.

One copy each to any adjacent municipality, municipal planning commission, or regional planning commission.

Location Map

In order for the Commission and other parties to find the project site, and in order for the municipality and state agencies to plot the project site on resource maps, an accurate location map is important. Without it, there could be delay while other parties try to locate the project site accurately.

The preferred base map to use is the U.S. Geological Survey (7.5 minute series) which shows topography, roads, and structures. These are available through many outdoor sporting goods stores, some book stores, local engineers, town planners, and regional planning commissions as well as on-line. Photocopies can also be obtained through the District Coordinator's office. In the event the USGS maps are not available, the alternative preference is the town highway map published by the Vermont Agency of Transportation (www.aot.state.vt.us). These are generally available through the municipal office or the district highway office.

On the map, indicate the boundaries of the involved tract of land and label it with bold letters so it stands out even on a photocopy. An "X" on a highway map is not as helpful and may lead to delay in reviewing the application.

Site Plan, Building Drawings

Every application for a new project or substantial alteration of an existing project should contain a site plan with sufficient detail to show how the project meets the criteria of Act 250. During the review process the site plan usually becomes the most important document the Commission relies on, so the plans should be accurate and legible.

The scale of the site plans should be sufficient to show necessary details without being confusing. Drawings at 20 feet to the inch are best for buildings, septic systems, and road details; 50 or 100 feet to the inch are acceptable scales for subdivisions as long as 20 scale plans are drawn for the septic systems, any stream crossings, and areas of extensive cuts and fills. If the use of 20 scale (1" = 20') plans results in the need for overlapping sheets, it is helpful to provide a 100 scale (1" = 100') plan showing major features with an index to the various 20 scale plan sheets. For complex projects separate sheets may be used to show various details such as grading, landscaping, erosion controls, and the like.

In general, a site plan will include the following details:

a) Topography: The existing topography of the site should be shown and the proposed changes in grading should be superimposed on it. It is preferable that contour lines use an interval of two feet, except for large tracts of land, where a five foot contour interval is acceptable. It is helpful to label the contour lines using elevations above sea level. For subdivisions, the proposed grading for each lot need not be shown, but the grading for roads and other common features is needed.

b) Property Lines: The boundaries of the involved tract(s) of land should be included on the site plan or shown on a separate survey plan. Note that a formal survey is not required, although the boundary lines should be accurately shown. If easements over adjacent lands are needed, these should be included on the site plan as well. Proposed lot lines and easements for subdivisions should be shown and each lot numbered.

c) Existing Features: Existing natural and man-made features on the project site should be shown, including intermittent streams, ponds, rivers, wetlands, tree lines, buildings (existing, proposed, and those to be removed) driveways, parking areas, roads, power lines, stone walls, fences, and the like.

d) Proposed Improvements: New site features should be shown on the site plan as you would like them approved. They should be drawn accurately since you will be required to comply with the site plan. Details should include:

i) Buildings: The footprint of proposed structures should be shown with the finished floor elevation shown. For subdivisions where homes will be built by the purchasers, footprints are not necessary. It would be helpful, however, to designate home sites if there are important resources on the lot to be protected or if the subdivision is located in a scenic area. Some applicants designate a building envelope in which a home must be located.

ii) Roads and Driveways: Proposed roadways, drives, and parking areas should be shown on the site plan. For roadways, delineate the right-of-way, the amount of clearing required, the size and location of culverts, swales, drainage ditches, etc. If a drive exceeds five percent grade (one foot vertical per twenty feet horizontal), you should prepare a road profile and typical cross sections showing the amount of cuts and fill along the centerline of the road and the final grade of the road. Profiles and cross sections for roads with lesser grades may be required if extensive earth moving is necessary.

iii) Landscaping: Proposed plantings and other improvements such as fences and walkways should be included. Include a key to the plants with the species and initial size shown. The height and caliper of young trees should be specified to ensure that they are healthy.

iv) Signs, Lights, Utilities: Functional improvements such as signs, lights, gas tanks, power lines, and the like should be shown. A separate detail of any business sign showing dimensions and type of lighting is recommended. Likewise, details of the proposed lighting fixtures including the height, type of element (sodium, mercury, etc.), the wattage, and shape should be provided.

v) Sewage Disposal Systems: Details of the proposed sewage disposal system(s) should be shown on the site plan as required under the Waste Water System and Potable Water Supply Rules administered by the ANR Wastewater Management Division (www.anr.state.vt.us/dec/ww/EngServ.htm#rules).

vi) Water Supplies: Details of the proposed water supply should be shown on the site plan, as required under the Waste Water System and Potable Water Supply Rules administered by the ANR Wastewater Management Division (www.anr.state.vt.us/dec/ww/EngServ.htm#rules). Be certain to include all applicable isolation distances.

vii) Mitigation Measures: If you are proposing mitigation measures to meet a particular criterion (e.g.., undisturbed buffer along a stream, agricultural soil retention, erosion controls), show those measures on the site plan.

viii) Subdivision Covenants and/or Deed Restrictions: Submit drafts of any documents which outline the responsibilities of future homeowners and any restrictions on the future use of the land.

e) Cross-sections of Site: If the project site is located in a scenic area or if the project is unusually large or high, a cross-section drawing of the site and building(s) will be necessary to understand the scale and visibility of the project.

f) Building Elevation Drawings: Drawings of the facades of any buildings should be included, except for homes in subdivisions. The drawings should provide an accurate representation of the final exterior appearance of the building.

g) Other Details: Any other site details necessary to show compliance with the criteria should be included with the site plan (e.g.., details of underground fuel tanks, traffic signal details).

h) Date: The date the plan(s) was drawn should be shown and the date of any revisions should be added so that the correct plan can be referred to in a permit.

Fee Information -- Schedule A

Every application must be accompanied by a fee payable to the "State of Vermont" to cover in part the cost of reviewing the application. Schedule A attached to the application provides a form for calculating the fees.

For Act 250, the fee is set at $4.75 (October 1, 2004) for every $1,000.00 of the estimated construction cost plus $100.00 for every subdivided lot. (See 10 V.S.A. § 6083a.) You should include a good faith estimate of the construction costs itemized in Schedule A. You may be required to file a certification of actual cost after the project is built. Site preparation includes clearing and grading. Building costs can be estimated on a square foot basis. Roads and parking should include costs of fill, gravel, paving, and labor. Utilities include the installation of gas, oil, electrical, water, and sewer services. Off-site improvements would include any construction which is necessary for the success of the project such as upgrading town roads or other mitigation measures. Landscaping includes plantings, materials, and labor. Gravel Pits: $0.10/cubic yard of the estimated annual extraction rate.

For subdivisions, do not include the construction costs associated with the houses on each lot if those houses are to constructed by others. You should include the cost of constructing any single or multi-family dwellings which you intend to construct on any of the lots. You should also include the cost of constructing the common utilities which serve the subdivision such as roads, sewer lines, and water lines.

If the application is for a new project or a new phase of an existing project, the minimum fee is $150.00. If the application is for an amendment to an existing project, the minimum fee is $50.00. An applicant may petition the Commission to waive the fee in the event that a project or project impacts have previously been reviewed. (See 10 V.S.A § 6083a.) Contact the District Coordinator if you have questions about the waiver.

Act 250 Information -- Schedule B

In order to demonstrate conformance with all of the criteria of Act 250, you must provide a narrative and evidence as to how each criterion is satisfied. Aside from the site plan, the Schedule B information is the most important aspect of the application and great care should be used in providing it.

The preferred method of providing the information is to prepare a written narrative which states in detail how the project conforms with each of the criteria and subcriteria of 10 V.S.A. § 6086(a) and which relates to the site plan and supporting documents. Schedule B lists the type of information needed for most projects and contains suggestions as to the appropriate evidence. For simple projects, you may use the space in Schedule B for your answers. In either case, the same type of information is necessary to demonstrate that the project conforms with the criteria.

Remember that the applicant has the burden of providing enough evidence to convince the Commission that the project meets the criteria even if there are no opposing parties. (This is sometimes referred to as the "burden of production.") If the Commission does not find the evidence sufficient, additional information may be requested after a public hearing. In order to avoid this potential for delay, thorough and clear answers are encouraged.

There are several methods of addressing the criteria and these are reflected in the various questions found in Schedule B. These methods include:

Providing a direct answer to the question which is supported by common sense, the site plan, or other evidence such as a letter, manufacturer's specifications, etc.

Agreeing to a performance standard in a permit condition which provides the necessary safeguards.

Providing a longer technical explanation by an expert (engineer, architect, geologist, or the like) which can be evaluated by the Commission, state agencies, and other parties. This would normally be attached to the application as a supplement.

Providing evidence of state agency or municipal approval such as a letter or permit.

Providing a copy of a state agency permit to create a rebuttable presumption of compliance. Note this is acceptable only for certain criteria allowed under Environmental Board Rule 19.

Under all of these options, the applicant should be prepared to back up the materials with testimony at a public hearing if one is held. Other parties and the Commission may also want to question the author of any letters and technical documents.

At the beginning of each section in Schedule B, a brief description of the statutory language found in 10 V.S.A., § 6086(a) is included. This should be kept in mind as your answers are prepared so as to keep the information relevant to the performance criteria. In addition, each of the criteria is discussed below. By reading through Schedule B and this overview prior to completing your site plan, you can best prepare thoughtful answers that will expedite the review process. If there is any confusion about the meaning of any of the criteria, please contact the District Coordinator or refer to the statute.

Criterion 1 -- Air Pollution: Every project should be designed to minimize air pollutants to levels which will not threaten public health or create an unreasonable nuisance for nearby residents. Areas of concern include:

-	industrial/manufacturing emissions such as paint fumes, saw dust, chemical vapors, fly ash, and the like;

-	vehicle exhaust at congested intersections;

-	excessive dust, smoke, or noise during construction;

-	odors or noise during operations which create nuisances for nearby residents;

-	processing or storage of radioactive materials.

The precise standards for these various air pollutants may vary from case to case, and applicants should contact the District Coordinator or the ANR Air Pollution Control Division (241- 3840) if they are not certain what acceptable standards might be. In addition, all necessary air pollution permits must be obtained. These permits can be used to create rebuttable presumptions of compliance under Environmental Board Rule 19.

Some air pollutants such as noise and dust may not be health hazards, but may be a significant nuisance for neighbors. Applicants are encouraged to try to reduce these nuisances and to communicate with area residents in advance.

Criterion 1(A) -- Headwaters: Every project must comply with the applicable water quality regulations. This is particularly true in headwater areas. Headwater areas include watersheds characterized by steep slopes and shallow soils; watersheds with less than 20 square miles; areas above 1,500 feet in elevation; watersheds of public water supplies designated by the ANR Water Supply Division (241-3400); and significant aquifer recharge areas.

Generally, if you have provided sufficient information to address criteria 1B, 1E, 1G, and 4, you do not need to provide additional information under this criterion. Ask the District Coordinator if you are unsure.

Criterion 1(B) -- Waste Disposal: In addition to meeting any other applicable regulations regarding waste disposal, every project should be designed to provide treatment or proper disposal of wastes or toxic materials that are generated at the project site. Wastes or materials of typical concern are:

-	domestic and industrial/manufacturing wastewater (including floor drains);

-	stormwater overflow from parking lots and other contaminated surfaces;

-	fuels, chemicals, pesticides, and the like;

-	batteries and other hazardous products;

-	construction debris.

For most of these concerns, permits must be obtained from the Agency of Natural Resources. (See listing of programs and telephone numbers in the back of this guide.) If you are not certain what the up-to-date standards are, contact the various permit offices before completing this application. If other permits are required, these may be used as proof of compliance under Environmental Board Rule 19.

Criterion 1(C) -- Water Conservation: Every project which consumes water should be designed to conserve water. This reduces burdens on municipal sewers and water systems, saves energy used to heat water, and protects ground water reserves during droughts.

For domestic plumbing, water conserving plumbing fixtures are available. For larger commercial water users, applicants should indicate how the "best available technology" for conserving water will be used.

Criterion 1(D) -- Floodways: If a project will impinge on the flood hazard areas of a river or stream, it should be designed to withstand flooding and to avoid causing any significant increase in the flood level. This usually means that no construction should occur in the "floodway" and any construction in the "floodway fringe" should be reviewed by an engineer or other qualified expert to determine that it will not cause peak flood levels to increase.

The Secretary of the Agency of Natural Resources is responsible for determining the limits of the floodway and floodway fringe and the potential threats to the health, safety, and welfare of the public posed by stream flooding or instability (see 10 V.S.A. § 6001(6 & 7) and § 6086(a)(1)(D)). This determination is made by reviewing the National Flood Insurance Program (NFIP) maps (available in your town office) and by considering the potential erosion hazards of the stream channel. Questions relating to the NFIP maps should be addressed to the Municipal Zoning Administrative Officer or to the ANR Water Quality Division at 241-3770. For more guidance on determining floodway limits, please review ANR's Procedure on ANR Floodway Determinations in Act 250 Proceedings and the accompanying Technical Guidance for Determining Floodway Limits Pursuant to Act 250 Criterion 1(D), (both available at: www.anr.state.vt.us/dec/waterq/riversgeo.htm) or contact the ANR River Corridor Management Section (District 7: 751-0129; Districts 1, 2, 3, 8, & 9: 786-5906; Districts 3A, 4, 5, & 6: 879-5631).

Particular care should be taken if a road or bridge is being proposed to cross a flood hazard area. An engineer should be consulted to ensure that the floodwaters will not be impeded. Any project in a floodway fringe should also be floodproofed, to ensure that floatables do not clog the floodway. Floodproofing usually involves securing floatables to the ground and raising floors above the 100-year flood elevation.

Criterion 1(E) -- Streams: Any project which encroaches on a stream should be designed to minimize the impact and maintain the natural condition of the stream. A stream may include any intermittent flow of water where there is a defined channel. The approach used by most applicants is to avoid disturbing any streams (minimizing road crossings, relocating a building, etc.) and to provide a natural buffer along the stream to provide shade and filter out sediment and other pollutants. A 50-foot buffer is usually the minimum necessary to protect the stream, but some situations may require a wider buffer strip.

If a stream is being relocated or crossed with a culvert, it should be done as a last resort and details of the construction work will be necessary. As a general rule, the construction in the stream should be confined to a very short time during which water can be diverted around the construction. Furthermore, any new stream channel should be naturalized with vegetation, rocks, and the like to restore the natural values. On-stream ponds, in general, are discouraged by the Agency of Natural Resources.

If the watershed of a stream being disturbed is more than ten square miles in area, a Stream Alteration Permit may be necessary from the ANR Water Quality Division (241-3770). The District Fisheries Biologist with the ANR Department of Fish and Wildlife can also provide assistance in designing projects to minimize impacts on streams. Other questions may be answered by the District Coordinator.

Criterion 1(F) -- Shorelines: Any project which encroaches on the shoreline of a river, pond, or lake must of necessity be located on the shoreline. The project should be designed to minimize the impact and maintain the natural condition of the shoreline. Refer to the discussion for streams under Criterion 1E for general guidelines. In addition, projects along shorelines should provide continued public access to the water. Such access does not need to be a posted public area, but should be consistent with the access which people would have to the water if the project were not constructed.

Questions should be directed to the ANR Fisheries Biologist or the District Coordinator.

Criterion 1(G) -- Wetlands: Any project which encroaches on a wetland considered significant under the Rules of the Water Resources Board (www.state.vt.us/wtrboard/rules.htm) should be designed to minimize the impact on the wetland. Significant wetlands are those included on the Vermont Significant Wetland Inventory (VSWI) Map, available at the District Environmental Offices and most town offices.

Wetlands not considered to be significant may still have values which are protected under other criteria including 1E (streams), 1F (shorelines), 4 (soil erosion), 8 (scenic beauty), 8A (wildlife habitat), and 10 (local and regional plans). Further questions regarding wetlands can be answered by the ANR Wetlands Biologist (241-3770) or the District Coordinator.

Criteria 2 and 3 -- Water Supplies: Every project which consumes water should be designed to have an adequate supply of water without creating an unreasonable burden on an existing water supply. Most applicants demonstrate that they will have an adequate water supply by providing information on nearby wells or by providing a commitment letter from a municipal water department.

If the water supply in question is marginal because of low flows or low pressure, mitigation measures should be considered to store water or upgrade the water main.

If a water system is shared by more than one owner, measures should be considered for the continued maintenance of the water system. In addition, approval may be needed from the ANR Water Supply Division (1-800-823-6500 or 241-3400) if there are more than ten connections to a water system.

In cases where ground water supplies are very limited or where many wells are located in one area, a hydrogeologic study of the groundwater situation may be necessary to prove that an adequate water supply exists without interfering with existing wells and springs.

Finally, if an existing community water system, such as a well serving a mobile home park or a condominium complex, is located nearby, the ANR Water Supply Division may have specific concerns for protecting the recharge area for that water supply. Applicants should contact the Water Supply Division if they have questions.

Criterion 4 -- Soil Erosion and Drainage: Every project should be planned to prevent undue soil erosion during and after construction. This usually requires that measures be implemented to retain eroded sediment on the construction site and to prevent it from entering any streams or other water bodies or allowed to pass onto adjoining property.

The potential for erosion should be evaluated by looking at the soil type, the length and steepness of disturbed slopes, the proximity of site work to drainage ways and streams, property lines and the length of time the soil is exposed. The greater the risk, the greater the mitigation measures which will be required.

Erosion can usually be controlled by avoiding steep slopes, using silt fence and hay bale check dams to capture eroded sediment, stabilizing exposed soils during construction with mulch (preferably on a daily basis), and establishing vegetation on exposed soils as soon as possible. During winter months additional measures may be needed to protect exposed soils since vegetation cannot be established and drainage is often a problem.

A site specific erosion control plan must be submitted showing the location and type of erosion control measures to be used during the construction of all buildings, roadways, utilities, stormwater retention ponds, and other features. This should be accompanied by a written plan detailing when specific erosion controls will be installed, who is responsible for inspecting and maintaining them, and when this will occur. For more information about the elements of an erosion control plan see ANR's "Erosion Prevention and Sedimentation Control Plan Checklist" available at www.vtwaterquality.org/Hydrology/Checklist.PDF.

A critical aspect of erosion control is the reliability of the person responsible for implementing the necessary measures. Applicants should be prepared to explain how they intend to ensure that the measures will be implemented and monitored by the contractor.

Recommendations for erosion control measures can be obtained from qualified engineers and from the ANR publication, Vermont Handbook for Soil Erosion and Sediment Control on Construction Sites, available from ANR on line at www.vtwaterquality.org/DOCSoilErosion.htm. For more information about the elements of an erosion control plan see ANR's "Erosion Prevention and Sedimentation Control Plan Checklist" available at www.vtwaterquality.org/Hydrology/Checklist.PDF or from the ANR Water Quality Division (241-3770). For additional guidance, contact the District Coordinator.

In addition to erosion control, every project should be designed to retain stormwater as necessary to prevent dangerous or unhealthy situations from occurring downhill or downstream. Most applicants focus attention on where the drainage flows off the site and what changes will occur in the peak flows. If additional drainage flows or changes in the drainage pattern are likely to be a problem, provisions for retention on-site or the necessary drainage easements are recommended.

If stormwater will reach water bodies or municipal storm drains in concentrated form, a Stormwater Discharge Permit may be needed from the ANR Water Quality Division (241-3770) as discussed under Criterion 1B above.

Criterion 5 -- Highways and Other Means of Transportation: Every project should be designed to have safe access onto local or state highways. In addition, projects should not create or contribute to unreasonable congestion on area highways. In order to ensure that safe access will be provided, applicants should focus on the design of the intersection of any driveways or access roads with the main road. Typical concerns include:

-	sight distance along the main road from the driveway or access road;

-	approach grades on the driveway or access road (ability to stop in slippery weather);

-	traffic controls (stop signs, automated signals, etc.);

-	speed limits on the main road;

-	turning or stacking lanes on the main road or driveway;

-	radii of corners (ability to make turn at reasonable speeds);

-	width of driveway or access road;

-	number of driveways onto main road.

For driveways and roads onto state highways, there are technical standards for safety concerns and a permit is needed from the Utilities Unit of the Vermont Agency of Transportation (VTrans) (828- 2653). For local roads, most towns have standards which sometimes are the same as the state standards. For large projects, a professional traffic planner may be required to design the driveway intersection to ensure that is operates safely.

If the project involves a subdivision roadway, applicants should provide enough evidence to show that the road can provide reasonable access for emergency vehicles. Most towns prefer roads with slopes of less than 10 percent. Allowable widths may vary depending on the number of users of the road and whether it will be maintained by the town. Applicants should contact the town in advance of filing this application to resolve any questions about the design of subdivision roads.

Every project should be designed with adequate parking so that vehicles do not have to park in the road. Town zoning ordinances frequently have formulas for parking requirements.

For projects which generate significant traffic, applicants need to demonstrate that traffic congestion will not be a problem on area roads. If sufficient concern exists, a traffic study may be necessary to document existing conditions and forecast what peak traffic conditions will be like. As a general rule, if a project will generate more than 80 vehicle trips per hour (in or out), a traffic study may be warranted. In the alternative, applicants might have a traffic planner prepare a traffic assessment indicating whether a full traffic study is necessary.

If a traffic study is needed, it should focus on the trip generation rates associated with the project, the predicted "levels of service" (estimates of delay) at nearby intersections, and any mitigation measures which are necessary to maintain safe and uncongested traffic conditions. Where applicable, traffic studies should also address multi-modal transportation concerns, such as pedestrian and bicycle access and safety and the opportunity for mass transit.

Questions about traffic can be addressed to the District Coordinator, VTrans, local road commissions or selectboards, regional planning commissions, or professional traffic planners.

Criterion 6 -- Educational Services: If a project will have an impact on area schools, the applicant needs to demonstrate that the project will not create an unreasonable burden on the ability of the municipality to provide educational services. Act 60, the Vermont Equal Education Opportunity Act, provides each town with a block grant from the State Education Fund for the operating expense of educating each student in the school system. Therefore, the operating expenses of educating the additional students generated by the project is generally not considered to be a burden on the ability of the municipality to provide educational services. However, if the new students cause the need for an addition to the school or other capital improvements, applicants will need to address the potential financial burden to the municipality this may cause.

Applicants should indicate how many new students will likely reside at the project and what schools they may attend. Published statistics for numbers of children per household in the project's area may be available or you may want to look at comparable projects which already exist in the area. Most applicants also assume equal age distribution. Once this information is collected, applicants should contact the school district for a letter concerning its ability to provide educational services. The School Impact Questionnaire attached to the application may be helpful in this respect. If the school district has legitimate concerns, applicants should consider various mitigation measures as may be appropriate, such as impact fees, construction phasing, and the like.

When a project will introduce a large number of new employees to an area, Commissions may examine the ability of the area towns to provide school services to the employees' children. In these cases, contact the District Coordinator for further guidance.

Criterion 7 -- Municipal Services: Most projects require services from the municipality and applicants need to demonstrate that an unreasonable burden will not be placed on those services. Areas of concern usually include:

-	fire and police protection;

-	solid waste disposal (landfill, transfer station, etc.);

-	sewage treatment;

-	water supply;

-	rescue service (volunteer or paid professional);

-	road maintenance.

Applicants need to indicate what services they will need and why their project will not have an unreasonable burden on those services. In general, if the project demands services in no greater quantity than similar projects which already exist, then little problem is likely. If on the other hand, the project creates disproportionate burdens on one of these municipal services, some sort of mitigation may be appropriate. Applicants should contact the municipality early in the process to determine whether concerns exist.

Applicants may wish to use the Municipal Impact Questionnaire attached to the application form to make their case.

Note that if a municipality does not already provide a service, the focus should be on whether the municipality will have to adopt the service as a result of the project or whether an adjacent municipality has to provide the service while receiving no tax revenues or fees.

Questions about municipal services should be directed to the town or city in question.

Criterion 8 -- Scenic Beauty, Historic Sites, and Natural Areas: Every project should be designed to be consistent with the visual character of the area and not to have an undue adverse impact on the aesthetics of the area. The Environmental Board has set out the following test with regard to the visual impact of a project.

If a project is out of context with the scenic qualities of the area, it may be considered to have an adverse impact. The type of visual concerns to watch for include:

-	compatibility with nearby land uses (commercial, retail, agricultural, etc.);

-	proximity to prominent visual features (ridgelines, wetlands, open meadows, scenic overlooks, historic buildings, shorelines, etc.);

-	frequency and duration of public view.

-	compatibility with nearby architectural styles and colors;

-	consistency with area building density;

-	visibility from nearby residences.

An adverse impact would be considered undue if the project violates a clearly written community standard regarding aesthetics, if it is visually shocking or offensive to the average person or if the applicant does not use reasonably available mitigation measures to reduce the visual impact. Of these three factors, the most attention is usually focused on what mitigation measures will be used. Typical mitigation measures include:

-	relocating buildings and driveways;

-	modifying building size, materials, and color;

-	adding landscaping and preserving existing vegetation;

-	limiting size and number of signs;

-	limiting number and brightness of lighting fixtures;

-	screening parking and utilities from public view;

-	screening the project from neighboring residences.

For highly visible projects, or those which may be inherently unsightly, applicants may wish to consult with a professional landscape architect, architect, or site planner.

In addition to scenic qualities, projects must respect existing historic sites. An historic site may include buildings, structures, districts, or archeological sites listed on or eligible for the state or national registers of historic places. The Vermont Division for Historic Preservation (DHP)(828- 3049) evaluates all applications involving impacts to historic sites according to the Vermont Historic Preservation Act Rules, available from DHP or at: www.dhca.state.vt.us/dhp/general/rules.html. Applicants are encouraged to contact DHP in advance for assistance in order to avoid delays.

In general, a building or structure may be listed on or eligible for the historic registers if it is at least 50 years old. An historic district may include a group of buildings that is at least 50 years old. For example, part or all of an older village center may be considered an historic district. Archeological sites include prehistoric Indian sites as well as remains of 18th and 19th century occupation. Unlike other types of historic sites that are readily visible on the landscape, the existence of prehistoric Indian sites or areas of high prehistoric archeological sensitivity is not immediately apparent. Using information on the project area and the applicant's project description, the Division for Historic Preservation can provide applicants or the Commissions with a determination of archeological sensitivity and of potential project impacts to archeological sites.

Finally, in addition to scenic qualities and historic sites, applicants must avoid and protect rare and irreplaceable natural and fragile areas as listed by the Secretary of the Agency of Natural Resources. A list of these areas is maintained by the ANR Natural Heritage Program (241- 3700).

Criterion 8(A) -- Wildlife and Endangered Species Habitat: All projects should be designed to avoid necessary wildlife habitat and endangered species habitat. If a project cannot be so designed, it must pass three tests regarding the necessity for the project as described in the statute.

Critical wildlife habitat can be identified by the Department of Fish and Wildlife (see listing at back of Guide for local phone numbers) on a site specific basis. The habitat must be critical to a life stage of a species and must be identifiable (mappable). Typical habitats identified by Fish and Wildlife or other state agencies include:

-	deer wintering areas, which include, among other characteristics, dense evergreen tree cover and steep southern facing woodlands;

-	bear feeding areas, which include, among other characteristics, any remote stands of beech trees, remote wetlands above 1500 feet in elevation;

-	salmonid spawning areas, found in streams and rivers with gravel bottoms;

-	small mammal and bird feeding and breeding areas (wetlands).

Endangered species habitat which has been mapped will be identified by the ANR Natural Heritage Program (241-3700) when applications are filed. If an applicant has heard that an endangered species habitat may be in the area of the project, he or she should contact the Natural Heritage Program.

Criterion 9(A) -- Impact of Growth: Applicants must demonstrate that their project will not significantly impact the municipality's ability to provide services to its residents. For instance, if a project adds significantly to the population of the town, the town's budget may become so strained that the town will have difficulty providing services to its residents. Similarly, if a large retail project causes other retail establishments to fail, the subsequent loss of property tax revenues may also affect the town's ability to provide services. The emphasis in this latter example is not on the loss of existing retail stores themselves; rather, it is on the impact this may cause to the town's financial health and its ability to serve its residents.

For residential projects, applicants should indicate how many additional people may live in the project, what portion may be seasonal, and what percentage of the total population of the municipality these additional people represent. For commercial or recreational projects, applicants should provide information regarding anticipated employment growth, growth in personal income, retail sales growth, or growth in tourism.

For all projects, applicants should provide an estimate of the tax revenues the project will generate. This includes property tax revenues paid to the municipality as well as income tax, sales, and rooms and meals taxes paid to the state, if appropriate.

If the project is anticipated to result in a significant amount of growth in relation to historic growth rates for the town and region, applicants will be required to provide a fiscal impact analysis. Applicants should contact the District Coordinator prior to preparing such an analysis.

For more guidance under this Criterion see the following two documents: Fiscal and Economic Analyses in Act 250 and Re: St. Albans Group and Wal*Mart Stores, Inc., #6F0471-EB, Findings of Fact, Conclusions of Law, and Order (Altered) (June 27, 1995). Both documents are available from the District Offices, from the Environmental Board office, or at the Board's web site: www,state,vt,us/envboard.

Criterion 9(B) -- Primary Agricultural Soils: All projects should be designed to minimize their impact on primary agricultural soils. In most parts of the state, these soils have been mapped by the U.S. Natural Resource Conservation Service (NRCS). Soil maps may be obtained from the NRCS District Offices (see list at the end of this guide). In some cases primary agricultural soils have been mapped electronically and are part of the state's Geographic Information System (GIS). Contact the regional planning commission for your area to determine whether this information is available in electronic format.

If soils on the site are mapped as primary agricultural, applicants should contact the Policy Analyst at the Vermont Department of Agriculture (828-5434) to determine whether the project will have a significant impact on the soils. The policy analyst will need the following information in order to assess the impact of your project: 1) a map showing the project's location (preferably with topographic information); 2) an overall site plan for the project indicating the location and acreage of primary agricultural soils, and the name and location of any neighboring farming operations; and 3) a copy of the NRCS soils map for the project area.

Projects which are found to have a significant impact will be evaluated by the District Commission under the four subcriteria of this section. These subcriteria provide for the development of primary agricultural soils if the applicant demonstrates the following:

-	there is no other use of the applicant's land (taken as a whole) which would have less impact on the primary agricultural soils and still provide a reasonable rate of return on the fair market value of the land (including a smaller version of the proposed project); and

-	the applicant owns or controls no other non-primary agricultural soils which are reasonably suited for the project; and

-	the project has been planned to minimize the impact on the primary agricultural soils by using the poorer soils first, clustering buildings and roads, blocking up the retained soils in farmable units under common ownership or control, and other similar land saving techniques; and

-	the project will not jeopardize continued agricultural use of adjoining lands.

Applicants should be prepared to offer evidence that they have considered several alternative uses for the land or designs for the project, and a comparison of the returns on fair market value. Contact the District Coordinator for further assistance under this criterion.

Criterion 9(C) -- Forest and Secondary Agricultural Soils:

Forest Soils: If the project parcel contains forest soils as identified by the NRCS, it may qualify for review under this criterion subject to the three conditions listed below. As a general rule, if an applicant can avoid disturbing those soils, these three conditions will not have to be addressed.

Forest soils can be identified by using the NRCS soils maps and by interpretations of the ANR County Foresters (see listing at back of this guide). In general, the soils mapped as Class I and II are potential forest soils. If a project site has more than 25 acres of these soils, then a site inspection is probably warranted to verify the accuracy of the soil mapping. As with primary agricultural soils, the general rule is to avoid the better forest soils.

Forest soils may be developed if the project meets the following conditions:

-	there is no other use of the applicant's land (taken as a whole) which would have less impact on the forest soils and still provide a reasonable rate of return on the fair market value of the land (including a smaller version of the proposed project); and

-	the applicant owns or controls no other non-forest soils which are reasonably suited for the project; and

-	the project has been planned to minimize the impact on the forest soils by using the poorer soils first, clustering buildings and roads, blocking up the retained soils in manageable woodland units under common ownership or control, and other similar land saving techniques;

Questions about how to minimize the impact on forest soils are best addressed by the County Forester handling the project area. Financial questions should be addressed by professionals familiar with development finances. The District Coordinator can also provide further assistance as needed.

Secondary Agricultural Soils: If the site contains soils used for farming but which do not qualify as primary agricultural soils, applicants need to determine whether these soils meet the definition of "Forest and Secondary Agricultural soils" in Act 250. "Forest and Secondary Agricultural Soils" are soils that are not primary agricultural soils but which have reasonable potential for commercial forestry or commercial agriculture. (See 10 V.S.A. §6001(14) for complete definition.) Secondary agricultural soils may be soils which could be used for pasture or growing forage crops but are not suitable or have significant limitations for growing food crops. Secondary agricultural soils may also be suitable for growing Christmas trees.

Applicants should contact the Policy Analyst at the Vermont Department of Agriculture (828-5434) to determine whether the project will have a significant impact on secondary agricultural soils on the site. The Policy Analyst will need the following information in order to assess the impact of your project: 1) a map showing the project's location (preferably with topographic information); 2) an overall site plan for the project indicating the location and acreage of soils which may be considered secondary agricultural soils, and the name and location of any neighboring farming operations; and 3) a copy of the NRCS soils map for the project area.

Criterion 9(D) -- Protection of Earth Resources: All projects should be designed to allow the future extraction of valuable earth resources, similar to primary agricultural soils and forest soils. In order to identify where potential reserves of earth resources may be located, check with local and regional planning maps or contact the State Geologist (241- 3608).

If a valuable earth resource is located at a project site, it should be determined whether the resource could reasonably be extracted given its quantity, depth, and environmental limitations. If the resource could be extracted in the future, the project should be designed to protect access to the resource for future extraction.

Questions about this criterion should be addressed to the District Coordinator, local or regional planners, or the State Geologist.

Criterion 9(E) -- Extraction of Earth Resources: If the project involves the extraction of earth materials, such as topsoil, sand, gravel, crushed rock, marble, slate, or granite, the extraction process should be designed to minimize impacts on neighboring land uses and the environment, and a suitable reclamation plan should be prepared.

Impacts on neighboring land uses usually center on noise, dust, water supplies, and traffic. Applicants should contact area residents and explore mitigation measures which may be acceptable. Many applicants limit the hours of operation and use earthen berms or wooded buffers to reduce noise. Dust can be controlled by various means, including water spray, truck covers, and the like. Water supplies can be protected by limitations on blasting and preservation of drainage patterns.

Reclamation plans for many applicants involve specifying the maximum extent of excavation, specifications for soil stockpiling and replacement in a progressive manner, and revegetating exposed soils. In many cases applicants need to provide financial surety that the reclamation will occur, either through bonding or through continuous growth of an escrow account as the operation continues.

Questions about the extraction of earth resources can be addressed by the State Geologist and the District Coordinator.

Criterion 9(F) -- Energy Conservation: All projects need to be designed with the best available technologies for energy efficiency. Residential construction in Vermont (one family dwellings, two family dwellings, and multi-family housing three stories or less in height) is subject to Vermont's Residential Building Energy Standards (RBES) (21 V.S.A. §§ 266 - 267). Compliance with these standards assures compliance with Criterion 9(F). For more information about RBES, contact the Energy Code Assistance Center at 1-888- 373-2255.

For non-residential projects, the Vermont Department of Public Service (DPS) has prepared the Act 250 Commercial and Industrial Guidelines (Act 250 Guidelines), which provides recommended energy efficiency measures for commercial and industrial buildings. The Guidelines are available from the Department of Public Service (828-4056 or 1-800-642-3281) or on line at www.state.vt.us/psd/ee/ee4.htm . The DPS recommendations are based on a life-cycle cost approach to determine the appropriate type of equipment, trading off greater capital costs for lower energy consumption and lower operating costs. Since every project involves different energy conservation opportunities DPS will evaluate each project for energy conservation measures, using its Act 250 Guidelines as a starting point. Applicants are encouraged to list details related to the energy features, including: interior and exterior lighting, space heating and cooling, domestic water heating, ventilation system, insulation levels, and other proposed energy measures. List this information either on the application under Criterion 9(F) or in a separate exhibit. Applicants may request a copy of the Act 250 Guidelines by calling the Department of Public Service toll-free 800-642-3281 (in-state only) or (802) 828-4056. The Guidelines may also be viewed or downloaded at www.state.vt.us/psd/ee/ee4.htm

For all types of projects, electricity should be avoided as an energy source for space heating and alternatives to electric water heating should be strongly considered.

Applicants are encouraged to contact the Efficiency Vermont, which offers guidance on how to gain approval under Criterion 9(F). Efficiency Vermont is a statewide organization supporting efficient energy use and will assist Act 250 applicants in analyzing a project's energy features. Efficiency Vermont will help an applicant perform a life-cycle cost analysis of energy measures if the applicant is asked for one during the review of its application. A review by Efficiency Vermont will expedite review of an application under Criterion 9(F). Contact Efficiency Vermont, toll-free, at 888-921-5990.

Additional questions about energy conservation can be addressed by the Public Service Department, the utility serving the project, equipment distributors, or the District Coordinator.

Criterion 9(G) -- Private Utilities: If a project involves a utility such as a road, water line, sewer line, well, or the like which will be shared by more than one user, the applicant needs to provide a mechanism which protects the municipality from having to assume responsibility for the utility in the future or which assures that the utility will not be a burden on the municipality.

Most applicants either design the utility to meet municipal specifications when it is built or they provide a legal mechanism for the owners to maintain and eventually repair or replace the utility. The municipality should be consulted about its preference if possible. Other questions may be directed to the District Coordinator.

Criterion 9(H) -- Scattered Development: The first step under this criterion is to determine whether the project tract is physically contiguous to an existing settlement. Existing settlement has been defined by Environmental Board case precedent as "an extant community center similar to the traditional Vermont center in that it is compact in size and contains a mix of uses, including commercial and industrial uses, and, importantly, a significant residential component. It is a place in which people may live and work and in which the uses largely are within walking distance of each other. The term specifically excludes areas of commercial, highway-oriented uses commonly referred to as 'strip development.' Compatibility in terms of size and use is relevant to determining if an existing group of buildings constitutes an existing settlement in relation to a proposed project." (For more information see the Environmental Board's decision Re: St. Albans Group and Wal*Mart Stores, Inc., Application #6F0471-EB, Findings Of Fact, Conclusions Of Law, And Order (Altered)(Jun. 27, 1995) available from the District Offices, the Environmental Board office or at: www.state.vt.us/envboard/decisions/eb/1995/6f0471.txt. If the project is contiguous to an existing settlement, this criterion is satisfied.

If the project is not contiguous to an existing settlement, then applicants need to demonstrate that the additional tax revenues and other public benefits of the project outweigh the additional costs of providing municipal services to the project. Information generated under criteria 5, 6, 7 and 9A may be relevant under this criterion. Evidence under this criterion is often submitted in the form of a ratio of benefits vs. costs (dollar for dollar). For example, $1.95 in revenue is generated for every $1.00 of municipal costs to serve the project.

Additional questions can be answered by the District Coordinator.

Criterion 9(J) -- Public Utilities: All projects need to be designed so that they will not cause excessive or uneconomic demands on public utilities, which include natural gas companies, electric companies, telephone companies, cable television companies, water companies (public or private), sewer utilities (public or private) and highway departments.

For electric companies, the greatest concern is often whether they can provide electricity without having to eventually build new and expensive generating and/or transmission facilities or purchase more expensive electricity from other utilities. To alleviate this concern, applicants should make every effort to minimize electrical usage during periods of peak electrical demand. In general this can be accomplished by avoiding electric space heating, electric water heating, and other uses of electricity where reasonable alternatives exist. For commercial projects with large electrical demands, applicants should contact the Vermont Department of Public Service (1-800-642-3281) or the electric utility serving the project.

For utilities which have cables on the project site, applicants should demonstrate that they will not interfere with the cables, or that they will work out any relocation of the cables. If the cables are not along the road and may be affected by the project, most applicants include a letter from the utility confirming that any issues have been resolved.

For sewer, water, and highway services, information provided under criteria 5, 6, and 7 is usually sufficient. If these services were not addressed, applicants should provide information on any impacts under this criterion.

Criterion 9(K) -- Public Investments: Projects should be designed to avoid unreasonable impacts on any public investments which are adjacent to the project site. Typical investments of concern include, highways (existing or proposed), sewer and water lines, schools, parks and wildlife refuges, municipal or state buildings, and publicly financed projects or public waterways. If impacts on any of these types of investments are not addressed under other criteria, they should be addressed under this criterion. Questions can be directed to the District Coordinator.

Criterion 9(L) -- Rural Growth Areas: If a project site is identified as a rural growth area, applicants should design their projects to conserve the project land for reasonable population densities and rates of growth through the use of cluster planning and new community planning designed to economize on the cost of roads, utilities and land usage. According to the statute, the natural resources which disqualify the project area from being classified as a rural growth area are:

-	headwaters under criterion 1(A); streams under criterion 1(E); shorelines under criterion 1(F); wetlands under criterion 1(G); wildlife habitat under criterion 8(A); agricultural soils under criterion 9(B);

forest soils under criterion 9(C); earth resources under criterion 9(D); and public investments under criterion (9)K.

If the site does not contain any of these resources, applicants will need to indicate how they have used cluster planning and new community planning designed to economize on the cost of roads, utilities and land usage.

Criterion 10 -- Local and Regional Plans: All projects must be in conformance with the municipal plan, the regional plan, and any capital improvement plan which may exist.

In order to demonstrate compliance with a plan, applicants should provide copies of the relevant portions of the plan including the future land use map and copies of the policies which relate to appropriate uses for the district identified on the map. Applicants should also provide their own interpretation of the policies and describe how the project conforms to these policies. As with all criteria, the Commission must make its owns determination of compliance with the local and regional plans. Simply attaching a letter from the local or regional planning commission indicating compliance in one or two sentences is not enough. Questions about local plans can usually be answered by the local planning commission or its staff.

Compliance with a regional plan can be accomplished in the same way as the local plan. Questions about the regional plan should be addressed to the staff of the regional planning commission. In cases where the local plan and the regional plan conflict as to the appropriate use or density of use, the Commission may apply the regional plan only to the extent that the project has regional impacts, such as traffic impacts which go beyond the immediate vicinity of the project.

If a municipality has a capital plan, applicants should explain why any impacts on municipal services such as streets or sewers are consistent with the town's plans for expansion of the facilities. If not, mitigation measures should be considered. These concerns are similar to those addressed under criteria 5, 6, 7, 9A, 9G, 9J, and 9K. Questions about capital plans should be addressed to the municipality.

Schedule E - Adjoiner Information.

A notice that the application has been filed must be provided to all adjoining landowners unless waived by the Commission. In order to accomplish this the applicant must provide the correct names and mailing addresses of all the adjoining landowners and others with a legal interest in the project land or adjoining lands if they are not already co-applicants. Use Schedule E to provide these names and addresses. Make every effort to obtain up to date ownership records since failure to include the correct landowner could result in a significant delay in the review process.

Information about adjoiners, if necessary, can be obtained from the municipal offices (deeds, tax maps, listers records, personal knowledge) or from nearby residents. Be certain to include the owners of land on the opposite sides of roads, streams, and railways, as well as the owners of rights-of-ways such as power companies (unless the power line is in the highway right-of-way) or water companies. Include the holders of spring rights and other encumbrances on the land. If the project involves a condominium project, include the individual owners if the common lands are owned jointly by the owners. If the project involves more than 20 adjoiners, the District Environmental Office staff appreciates receiving the names on mailing labels to facilitate the notification process.

Certification of Service -- Schedule F.

A copy of the complete application must be submitted to the municipal and regional bodies which are affected by the project. Specifically these include the municipality, the municipal planning commission, and the regional planning commission. In addition, if the project land abuts another town or region, the adjacent municipality and planning commission must be included, as well as any adjacent regional planning commission. The applicant must also post a copy of the notice of the application in the town clerk's office of the town in which the land is located and include the notice in all copies of the application.

Schedule F serves as a checklist to assure that municipal and regional authorities receive their copies of the application. It also protects the applicant should one of the parties claim he or she never received the application. If you are in doubt as to the proper person to contact regarding Schedule F, contact the municipal clerk or the District Coordinator's office for assistance.

If it is not convenient to deliver personally the copies of the application, you may send them by Certified U.S. Mail and attach copies of the post office receipts showing the addressees.

Supporting Documents.

At the end of your application you should attach the necessary supporting documents that are called for in the application or that you believe are necessary to support your application. Try to reference the attachments in the application under the relevant questions in Schedule B.

While it is important to document thoroughly your positions under each of the criteria, it is not desirable to submit irrelevant or repetitive information. For example, if you are submitting well log information to meet criterion 2 (water supplies) it may be more effective to include a summary of the well log results on one page and a map showing the well locations, rather than including a separate page for each well. You can always produce the originals on demand if the accuracy of the information is later challenged. Likewise, attaching several pages of erosion control specifications out of a construction contract is more effective than submitting the entire 60 page contract. The applicant has to perform a balancing act between providing enough information to satisfy the Commission and other parties and overwhelming them with useless detail. If you are in doubt, contact the District Coordinator for assistance.

Newspaper Publication.

For all applications, a legal notice must be published in a local newspaper. The Commission will take responsibility for sending the notice to the newspaper, but the applicant is responsible for paying for the publication. Most newspapers in the state will send an invoice to the applicant after the notice has been published. If for some reason the newspaper will not bill the applicant, the District Coordinator will make other arrangements.

(July 24, 2003)

State and Regional Agencies

(Central Offices)

Agency of Natural Resources

103 S. Main Street, Center Building

Waterbury, VT 05671-0301

-	Air Pollution Control Division....................................................................................	241-3840

-	Water Quality Division...............................................................................................	241-3770

-	Wastewater Management........................................................................................	241-3822

-	Floodplain Management...........................................................................................	241-3770

-	Wetland Biologist.......................................................................................................	241-3770

-	Hazardous Materials Management Program.........................................................	241-3888

-	Vermont Natural Heritage Program.........................................................................	241-3700

-	State Geologist..........................................................................................................	241-3620

Environmental Board ..........................................................................................................	828-3309

National Life Records Center Bldg.

Drawer 20

Montpelier, VT 05620-3201

Agency of Transportation

National Life Building

Montpelier, VT 05633-5001

-	Utilities Unit ..............................................................................................................	828-2653

-	Airport Operations....................................................................................................	828-2833

-	Railroad Operations.................................................................................................	828-2760

....

Division for Historic Preservation.....................................................................................	828-3049

National Life Building, 6th Floor

Montpelier, VT 05620-0501

Department of Agriculture

116 State Street, Drawer 20

Montpelier, VT 05620-2901

-	Policy Analyst............................................................................................................	828-5434

Public Service Department

120 State Street

Montpelier, VT 05620-2601

-	Energy Efficiency Division ......................................................................................	828-2393 or

1-800-642-3281

Vermont Agency of Natural Resources

Regional Offices

Regional Engineers

Wastewater Management Div.

Districts #1, 8 & 9

(Bennington, Rutland, Addison Cty.)

450 Asa Bloomer State

Office Building

Rutland, VT 05701

Tel. 786-5900

Districts #2 & 3

(Windham and Windsor Cty.)

100 Mineral Street, Suite 305

Springfield, VT 05156

Tel. 885-8855

Districts #4 & 6

(Chittenden, Franklin, Grand Isle Cty.)

111 West Street

Essex Jct., VT 05452

Tel. 879-5656

Districts #3A and 5

(Orange, Lamoille, Washington Cty.)

5 Perry St., Suite 80

Barre, VT 05641

Tel. 476-0190

District #7

(Caledonia, Essex, Orleans Cty.)

1229 Portland Street, Suite 201

St. Johnsbury, VT 05819

Tel. 751-0127

District Wildlife Biologists

Dept. of Fish & Wildlife

District #1

(Windham and Windham Cty.)

100 Mineral Street, Suite 305

Springfield, VT 05156

Tel. 885-8855

District #2

(Bennington and Rutland Cty.)

217 Sanitorium Road, West Wing

Pittsford, VT 05763

Tel. 483-2172

District #3

(Orange, Lamoille, Washington Cty.)

5 Perry St., Suite 80

Barre, VT 05641

Tel. 476-0190

District #4

(Addison, Chittenden, Franklin, Grand

Isle Cty.)

111 West Street

Essex Jct., VT 05452

Tel. 878-1564

District #5

(Orleans, Essex, Caledonia Cty.)

1229 Portland Street, Suite 201

St. Johnsbury, VT 05819

Tel. 751-0130

District Fisheries Biologist

Dept. of Fish & Wildlife

District #1

100 Mineral Street, Suite 305

Springfield, VT 05156

Tel. 885-8855

District #2

317 Sanitorium Road, West Wing

Pittsford, VT 05763

Tel. 483-2172

District #3

3696 Roxbury Road

Roxbury, VT 05669

Tel. 485-7566

District #4

111 West Street

Essex Jct., VT 05452

Tel. 878-1564

District #5

1229 Portland Street, Suite 201

St. Johnsbury, VT

05819

Tel. 751-0130

County Foresters, Dept. of Forests, Parks, and Recreation

Addison County

1590 Rt. 7 South

Middlebury, VT 05753

Tel. 388-4969

Bennington County

478 Shaftsbury State Park Road

Shaftsbury, VT 05262

Tel. 375-1217

Caledonia/Essex Counties

1229 Portland Street

Suite 201

St. Johnsbury, VT

05819-2099

Tel. 751-0110

Chittenden County

111 West Street

Essex Jct., VT 05452

Tel. 879-5694

Franklin/Grand Isle Counties

278 S. Main St.

St. Albans, VT 05478-1866

Tel. 524-6501

Lamoille County

29 Sunset Dr., Suite 1

Morrisville, VT 05661-8331

Tel. 888-5733

Orange County

5 Perry St., Suite 80

Barre, VT 05641

Tel. 476-0173

Orleans County

338 Highland Ave.

Newport, VT 05855

Tel. 334-7325

Rutland County

317 Sanitorium Road

West Wing

Pittsford, VT 05763

Tel. 483-2730

Washington County

5 Perry St., Suite 80

Barre, VT 05641

Tel. 476-0172

Windham County

157 Old Gilford Rd.

Brattleboro, VT 05301

Tel. 257-7967

Windsor County

212 Holiday Dr., Suite 5

White River Jct., VT 05001

Tel. 296-7630

Natural Resource Conservation Service

District Conservationists

U.S. Department of Agriculture

Addison County

1590 Rt. 7 South

Middlebury, VT 05753

Tel. 388-6746

Bennington County

P.O. Box 505

310 Main Street

Bennington, VT 05201

Tel. 442-2275

Caledonia/Essex Counties

Federal Building, Rm. 216

St. Johnsbury, VT 05819

Tel. 748-3885

Chittenden County

600 Blair Park Road

Suite 230

Williston, VT 05495

Tel. 878-7402

Franklin/Grand Isle Counties

1 Valley Cross Road

St. Albans, VT 05478

Tel. 524-6505

Lamoille County

109 Professional Drive

Suite 2

Morrisville, VT 05661

Tel. 888-4965

Orleans County

Agricultural Office

59 Waterfront Plaza

Newport, VT 05866

Tel. 334-8325

Rutland County

170 South Main Street

Rutland, VT 05701

Tel. 775-7192

Washington County

617 Comstock Road, Suite 1

Berlin, VT 05602

Tel. 828-4493

Windham County

28 Vernon Street, #2

Brattleboro, VT 05301

Tel. 254-5323

Windsor and Orange Counties

Gilman Office Center 28 Farmvu Drive, Suite 2

White River Jct., VT 05001

Tel. 295-1662

Regional Planning Commissions

1. Addison County Regional Planning

Commission

79 Court St.

Middlebury, VT 05753

Tel. 388-3141

2. Bennington County Regional

Planning Commission

P.O. Box 342

Arlington, VT 05250

Tel. 375-2576

3. Central Vermont Regional

Planning Commission

26 State Street

Montpelier, VT 05602

Tel. 229-0389

4. Chittenden County Regional

Planning Commission

30 Kimball Avenue, Suite 206

South Burlington, VT 05403

Tel. 846-4490

5. Northwest Regional

Planning Commission

140 South Main Street

St. Albans, VT 05478

Tel. 524-5958

6. Lamoille County Planning

Commission

PO Box 1009

43 Portland St.

Morrisville, VT 05661-9786

Tel. 888-4548

7. Northeastern Vermont Development

Association

P.O. Box 630

44 Main Street

St. Johnsbury, VT 05819

Tel. 748-5181

8. Rutland Regional Planning

Commission

P.O. Box 965

Rutland, VT 05702

Tel. 775-0871, 1-800-639-5011

9. Southern Windsor County

Regional Planning Commission

P.O. Box 320

Route 5

Ascutney, VT 05030

Tel. 674-9201

10. Two Rivers-Ottauquechee Regional

Commission

The King Farm

Woodstock, VT 05091

Tel. 457-3188

11. Upper Valley/Lake Sunapee Regional

Planning Commission

77 Bank St.

Lebanon, NH 03766

Tel. 603-448-1680

12. Windham Regional Commission

139 Main Street - Suite 505

Brattleboro, VT 05302

Tel. 257-4547

(July 24, 2003)

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