(HOME Act of 2023, Act 47, S.100)
Overview and Law
The Housing Opportunities Made for Everyone Act (HOME Act), effective July 1, 2023, limited when Act 250 applies for two types of housing projects as follows.
From July 1, 2023, to July 1, 2026, an Act 250 Permit is not required for the construction of:
- Up to 24 units of housing in certain designated areas. Additionally, the construction of 4 units or less in an existing structure counts as 1 unit;1 or
- Priority housing projects in three types of state designated areas.2
To use these exemptions, you must request a Jurisdictional Opinion from your District Coordinator by June 30, 2026, to determine that your project qualifies. Also, the project construction must be substantially completed before July 1, 2029. To obtain a Jurisdictional Opinion contact your District Coordinator.
110 V.S.A. §6001(3)(A)(xi)).
210 V.S.A. §6001(3)(D)(viii(III)).
Note: the requirements to request a jurisdictional opinion and substantially complete construction by the deadline are only required for projects that exceed other existing thresholds in the law. Specifically, these requirements apply to housing projects that involve the construction of:
- Priority housing projects that exceed the units thresholds and limitations in 10 V.S.A. § 6001(3)(D)((viii)(I), or
- 10 to 24 units of housing and/or utilize the 4 = 1 provision in the described designated areas.
Helpful Information and Resources
- Natural Resources Board’s HOME Act Housing Exemptions Guidance document provides more detailed information about the application of the HOME Act and Act 250 jurisdiction over housing projects.
- Natural Resources Board’s Priority Housing Flow Chart.
- Agency of Commerce and Community Development (ACCD)'s HOME Act webpage.
- For additional information on how the HOME Act may affect your proposed project or to utilize the exemptions set forth in the HOME Act, reach out to your District Coordinator.