Act 250 Editorial

Much like the rest of the nation, Vermont's economy is experiencing a significant transition. Some people would have you believe that job losses in Vermont are a direct result of Vermont's commitment to protecting the environment and our communities through our land use law, Act 250. But the voices of some of our politicians and business interests create damaging self-fulfilling prophecies when they complain about Act 250 stifling job growth in Vermont. Let's face it, weakening Act 250 will not bring jobs to Vermont.

How much does the average Vermonter really know about Act 250? Most Vermonters recognize that Act 250 has been instrumental in protecting Vermont's natural resources, and strengthening our economy. But do Vermonters know that only 40% of development falls under Act 250 review? Do folks know that only about 8% (yes, that's eight percent) of development in Vermont goes through major Act 250 review? Do folks know that over 98% of Act 250 applications are approved, 65% of which finalized in 60 days or less? And do people realize that out of over 600 applications that are approved every year, there have only been 6 appeals by statewide environmental groups over the last 12 years combined?

It would appear that the Vermont Environmental Board (E Board), the appointed body that oversees Act 250 appeals, is ignoring these facts. The E Board is trying to push through rules in an attempt to cut citizens and advocacy organizations out of the appeal process almost entirely. It's a tragedy that members of the E Board, all good, well-meaning individuals, are choosing to act out of fear over tough economic times rather than reasoning through what is best for our environment and communities. The collateral damage to such an approach is monumental, and it hurts regular citizens more than anyone else.

In the E Board's quest to become partners in this wrong-minded approach, they could single-handedly muzzle very nearly every citizen in Vermont who may be concerned about a development project. Any watershed group, hunting and fishing club, or mom and pop citizen group that has something constructive to offer would have to face a process more akin to being picked for a kickball team on a playground. Heaven forbid that you are not as popular as others, regardless of what you could bring to the game.

And have some of our politicians and the E Board forgotten that advocacy organizations represent real Vermonters? These Vermonters financially support organizations to represent their values in cases where they are not equipped to face big developers with a cadre of lawyers and experts. Let us not forget that the heart of Act 250 is citizen involvement, and advocacy organizations help keep that heart pumping.

Act 250 is part of a larger permit process. And it is within the larger context that the work needs to be done. But while we're trying to figure out a way to make that whole permit process more predictable, we need to keep Act 250 strong.

The truth is that the cause of job losses and economic recession in Vermont is the effect of global competition. The facts show that Vermont annually exports billions of dollars that could and should stay within our borders to add value to our economy. In the year 2000, the Vermont Job Gap Study showed that Vermont depends on imports more than seven times as much as the U.S. as a whole does. This situation drains our ability to use capital to support local economic activity and actually shrinks our economy.

Vermonters should see the anti-Act 250 rhetoric for what it is, nothing more than a short-sighted mistake that will cost Vermont dearly in the end. Vermont deserves better. It takes courage to identify the real problems. And it takes strength of character to follow through with a workable strategy to resolve problems for the common good. Last year, Vermont Natural Resources Council (VNRC) proved that collaboration works when an agreeable solution was hashed out over the stormwater controversy. We can do it again.

VNRC is currently working with organizations in the business and economic development community to find solutions to permit process problems that work for all of us. Perpetuating the jobs versus the economy argument is substantively inaccurate and politically irresponsible. VNRC believes that a strong economy and healthy environment go hand in hand. The only way to put divisive issues behind us once and for all is to end the battle and work together.

written by Elizabeth Courtney, VNRC Executive Director