The Substantial
Regional Impact Element is a new section of the Regional Plan, required
by 24 Vermont Statutes Annotated (VSA) 4345a, approved by the legislature
in 1989.
The sole purpose
of Substantial Regional Impact is for use in Act 250 hearings. Under
Act 250, Criterion 10 requires the District Environmental Commission
to find that a project conforms to the town and regional plans. Sometimes
these plans disagree, in which case the District Commission has to decide
which plan to use. This used to be done on a case-by-case basis.
24 VSA § 4345a
was adopted to provide a more clear and objective way to make that decision.
24 VSA § 4345a states that local plans apply in all cases except when
a conflict between the town and regional plans exist and a project will
significantly affect facilities, services, housing, etc. located outside
the town where the project is located, or when a natural resource of
regional significance is located on the same parcel, or would cause
significant impacts to an off-site natural resource.
The Substantial
Regional Impact Element contains the detailed explanation of how such
determinations will be made. Because this is a new process, ACRPC intends
to monitor this section carefully and propose any necessary amendments
during its annual plan update.