Division Review
Project review consists of identifying the project's potential impacts to historic buildings and structures, historic districts, historic landscapes and settings, and to known or potential archeological resources. The Division reviews projects under three regulations:
- Section 106 of the National Historic Preservation Act of 1966. The Division reviews projects when a federal agency is involved with the project. It is the federal agency's responsibility to seek comments about the project from the Division.
- 22 VSA 14, The Vermont Historic Preservation Act, on behalf of the Vermont Advisory Council on Historic Preservation. The Division reviews projects when a state agency is involved with the project. It is the state agency's responsibility to seek comments about the project from the Division.
- Criterion 8, 10 V.S.A., Chapter 151 (Act 250). The Division reviews Criterion 8 of Act 250 permit applications. If a project requires an Act 250 permit, the Division will review project information submitted directly to our office by a permit applicant or will review the information contained in the original application submitted to the Agency of Natural Resources. However, it is in the applicant's best interest to contact the Division early in the project planning process so that comments from the Division can be incorporated into the project.
Act 250 Permits
An Act 250 permit is required for certain kinds of development:
- Construction for commercial or industrial purposes on more than 10 acres (except for farming or forestry); or on more than one acre, if the municipality does not have both permanent zoning and subdivision bylaws.
- The construction of 10 or more housing units, including mobile-home parks, within a radius of five miles and within a continuous period of five years.
- The subdivision of land into 10 or more lots of any size within a five-mile radius, or within the jurisdiction of a District Commission, during a continuous five-year period.
- Construction of a road incidental to the sale or lease of land, if the road will provide access to more than five lots, or is more than 800 feet long and will provide access to two or more lots.
- Any construction above 2,500 feet in elevation.
- Any construction that would substantially change or expand a pre-1970 development that would require a permit if built today.
- Construction for a governmental purpose if the project involves more than 10 acres, or is part of a larger project that will involve more than 10 acres of land.
- The construction of a support structure, 20 feet tall or higher, primarily for communication or broadcast purposes.
- The exploration, beyond the reconnaissance phase, or the extraction or processing of fissionable source materials.
- The drilling of an oil or gas well.
- To determine if you need a permit, contact your Act 250 district coordinator (see the list at the Vermont Environmental Board website: www.state.vt.us/envboard).
Historic Registers
Listing in the National Register does not interfere with a private property owner's right to alter, manage or dispose of the listed property. The owner is not required to restore or maintain the property or open it to the public. Local preservation ordinances, where present, may have some implication for a building owner, but local ordinances are independent of National Register listing.
To find out if your building is on the National or Vermont
State Registers of Historic Places you can contact Sue
Jamele (802) 828-3046 or Debbie
Sayers (802) 828-3213. If you are looking for more detailed
information, all Vermont listings are on file at the Division's
Resource Room, which is open to the public. For reasons of
security and record keeping, all researchers are required
to sign a registration form that describes regulations for
use of research materials. Materials from the collection may
not be checked out, but if the condition of the material permits,
patrons may make photocopies for a charge. Patrons may also
order reproductions of photographs from the collection. The
resource room is open to the public Monday - Friday 7:45 a.m.
- 4:30 p.m. For more information contact Debbie
Sayers.
Financial Assistance for Historic Preservation
Limited
matching grants are occasionally available for the preservation
of properties listed or eligible for listing in the National
Register. Contact
the Division to see if grants what grant become available
that year. We can also provide information about the federal
and state
rehabilitation investment tax credits and direct you to other
possible funding sources (pdf),
as well as providing technical preservation or maintenance
information.
Legal Protection for Old Buildings
In Vermont, communities are granted authority to monitor and
guide construction activity in designated areas through enabling
legislation. The Vermont Municipal and Regional Planning and
Development Act, [24 V.S.A., Chapter 117] provides two ways
to protect historic resources: through either a design control
district [section 4407(6)],
or designating local historic districts and landmarks [section
4407(15)]
through zoning. Communities must, however, adopt a municipal
plan and create a planning commission before they can create
either type of district.
Archeological Artifacts on My Site
An archeological discovery may be important and one way to
find out is to ask the State Archeologist in Montpelier or
other
archeologists.
Documenting your discovery is desirable, including making
a map of the find spot, taking photos, and recording the "what,
where, when, who, and how" of the discovery. This information
can be forwarded to the State Archeologist (or provided to
another archeologist) to help determine the type of site and
its potential importance.
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