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BILL AS INTRODUCED 2007-2008

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H.696

Introduced by Representatives Adams of Hartland and Komline of Dorset

Referred to Committee on

Date:

Subject:  Conservation; Act 250; appeal on the record

Statement of purpose:  This bill proposes to give Act 250 applicants the option of requiring that any appeals before the environmental court shall be taken on the record.

AN ACT RELATING TO GIVING ACT 250 APPLICANTS THE OPTION OF ON-THE-RECORD REVIEW

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  10 V.S.A. § 6025(b) is amended to read:

(b)  The land use panel may adopt substantive rules, in accordance with the provisions of chapter 25 of Title 3, that interpret and carry out the provisions of this chapter that pertain to land use regulated under section 6086 of this title. The rules shall afford to each permit applicant the option of having any environmental court appeal of a decision under this chapter be conducted on the record.  These rules shall include provisions that establish criteria under which applications for permits under this chapter may be classified in terms of complexity and significance of impact under the standards of subsection 6086(a) of this chapter.  In accordance with that classification the rules may:

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Sec. 2.  10 V.S.A. § 8504(h) is amended to read:

(h)  De novo hearing.  The environmental court, applying the substantive standards that were applicable before the tribunal appealed from, shall hold a de novo hearing on those issues which have been appealed, except in the case of:

(1)  a decision being appealed on the record pursuant to 24 V.S.A. chapter 117 or pursuant to chapter 151 of this title;

(2)  a decision of the commissioner of forests, parks and recreation under section 2625 of this title being appealed on the record, in which case the court shall affirm the decision, unless it finds that the commissioner did not have reasonable grounds on which to base the decision.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us