|BILL AS INTRODUCED||2007-2008|
Introduced by Senator Snelling of Chittenden District
Subject: Conservation; Act 250; agricultural soils mitigation
Statement of purpose: This bill proposes to clarify Act 250 with regard to when a developer may mitigate the loss of primary agricultural soils by preserving lands off site. It proposes to remove a requirement that the remaining land on site be capable of contributing to an economic agricultural operation, but to retain in another section of law a requirement that on-site development be designed to result in compact development patterns.
AN ACT RELATING TO OFF-SITE MITIGATION FOR THE CONVERSION OF PRIMARY AGRICULTURAL SOILS
It is hereby enacted by the General Assembly of the State of Vermont:
Sec.1. 10 V.S.A. § 6093(a)(3)(B) is amended to read:
(B) Notwithstanding the provisions of subdivision (2) of this subsection and subdivision 6086(a)(9)(B)(iii) of this title pertaining to a development or subdivision on primary agricultural soils outside a designated growth center, the district commission may, in appropriate circumstances, approve off‑site mitigation or some combination of onsite and off‑site mitigation if that action is deemed consistent with the agricultural elements of local and regional plans and the goals of section 4302 of Title 24 and the project incorporates innovative land use design resulting in compact development patterns on the project tract. For projects located outside a designated growth center, all factors used to calculate suitable mitigation acreage or fees, or some combination of these measures, shall be as specified in this subsection, subject to a ratio of no less than 2:1, but no more than 3:1.
The Vermont General Assembly
115 State Street