A jurisdictional opinion (JO) is a written ruling that determines whether a proposed development or subdivision is subject to Act 250 and whether an Act 250 permit is required. JOs are issued by the Act 250 District Coordinators pursuant to 10 V.S.A. § 6007(c) and Act 250 Rule 3. Project Review Sheets (PRSs) are issued by the Agency of Natural Resources permit specialist and include an Act 250 JO issued by a district coordinator.
Requesting a Jurisdictional Opinion
Before commencing development or subdivision in Vermont, it is important to determine whether your project will require an Act 250 land use permit. Commencing construction (including clearing land, stockpiling fill, or demolishing structures in preparation for development) on a project that requires an Act 250 permit without first obtaining one could result in penalties or other enforcement actions. Although requesting a JO is not required, it is recommended, and there is no fee to obtain one. A JO request must include sufficient facts for the coordinator to render a decision. Requests for speculative opinions based upon incomplete facts or hypothetical situations will not be accepted. To ask questions about jurisdiction, contact your district coordinator. To request a new written JO, fill out and submit a JO Request Form (LINK TO FOLLOW). For additional details, see the NRB’s JO Guidelines.
Previously Issued Jurisdictional Opinions and Project Review Sheets
JOs that originally appeared on this page have been relocated and consolidated with other JO records in our Act 250 database online, which, at this time, only includes recent JOs (generally dating from 2008 to the present). If you would like to request copies of JOs or PRSs from earlier years, please contact your district office.
A JO may be appealed to the Environmental Division of the Vermont Superior Court within 30 days of the issuance of the ruling. In this context, a JO listed in the Act 250 database may not be the final ruling for the jurisdictional issue presented. Please check the Superior Court, Environmental Division website for information about any JO appeals.