ABSTRACT

The piecemeal review stems from the fact that Act 250 provides for an application-by-application analysis of the impacts a proposed project that have in a particular area. This flaw is compounded by the piecemeal review of projects under Act 250 and sometimes hostile rules regarding participation. The robustness of local land use planning may also create an ecological backstop that can guard against ecologically negative cumulative impacts of development projects. State agencies, such as the Agency of Natural Resources, have a staff and resources to assess the impacts of proposed development projects on local ecosystems, but their review is done to ensure compliance with existing regulations. NGOs, such as the Green Mountain Club, Vermont Natural Resources Council, and Conservation Law Foundation, have been instrumental in bringing their resources to Act 250 proceedings, making them very familiar with the process. The lack of a mandated ecosystem analysis, coupled with certain procedural aspects of Act 250, hinders a full ecosystem perspective.