Newly Revised Rule on “Historic Sites and Act 250” (DHP Rule 4)

In 2001, the Vermont Division for Historic Preservation (DHP) promulgated Rule 4 to describe its process in the course of Act 250 reviews. In 2009, the DHP proposed revisions to Rule 4 in an attempt to clarify the DHP’s role under Act 250 law. Five public meetings were held around Vermont in 2009 to gather comments and suggestions on a preliminary Draft Rule; over 100 people attended the public meetings.  The Draft was also posted on the DHP's web site for public review and comment.  The DHP solicited and received many written and verbal comments during the period of the five meetings and afterward. The DHP also worked closely with the Natural Resources Board throughout 2009 on the revised rule.  DHP formally adopted the revised “Historic Sites and Act 250” rule in July 2010, after following the formal administrative rules process.

The rule lays out the role of the DHP, the State Historic Preservation Officer (SHPO), the VT Advisory Council on Historic Preservation, and the Act 250 District Environmental Commissions in the Act 250 land use permitting process. The rule also distinguishes the role and authority of the District Environmental Commissions from the DHP’s role with respect to protecting “historic sites” under Criterion 8 of Act 250. The rule incorporates all pertinent definitions (presently found separately in Rule 2); emphasizes the definition of “historic site” under the law (distinct and different from the definitions in Section 106 of the National Historic Preservation Act); describes the criteria used to evaluate the “historic significance” of historic resources (including archeological sites); encourages collaboration with DHP in early project planning prior to formally applying for an Act 250 permit;  and clarifies that these are the DHP’s rules of procedure, not the Natural Resources Board’s rules.
This rule poses no obligation on Act 250 permit applicants nor on the Act 250 District Environmental Commissions. However, if followed, the revised Rule 4 should make the process of applying for an Act 250 permit smoother and more predictable for an applicant under the “historic sites” section of Criterion 8.

Giovanna Peebles, SHPO and State Archeologist