CASTLETON — The select board has voted to oppose a controversial land use law and to opt out of a land use map it doesn’t believe would be helpful to the tax base.

The vote was unanimous at last week’s board meeting to both opt out of the Tier 1B maps proposed for the town and to send a letter to the town’s State House delegation and Gov. Phil Scott stating it opposes Act 181 and wants it repealed.

Land use laws, both new and old, have been a hot topic in Vermont politics recently. Published reports last week noted a large protest at the State House against Act 181, which passed in 2024 despite Scott’s veto.

Act 181 seeks to spur development, particularly housing, in developed areas with access to municipal water and sewer infrastructure. Opponents say it makes building in rural areas too difficult and would hamper development overall.

According to Senate Majority Leader Kesha Ram Hinsdale, lawmakers planned to hold a listening session on Tuesday regarding proposed land use laws S.325 and S.328.

S.325 would extend the implementation timelines found in Act 181.

“We’ve heard clearly that many people feel left out of this process, and the only way to change that is to listen,” Ram Hinsdale stated. “This is about sitting at the table together — not as sides, not as ‘us versus them’ — but as Vermonters working toward the same goal: protecting what makes this place special while making it possible to make a life and a living here.”

Castleton Selectman Rob Steele said at the board meeting on March 23 that the previous week he attended a meeting of the Rutland Regional Planning Commission. He said the meeting was about the Tier 1B designation areas, as the commission isn’t involved in the other tiers.

Steele said the town submitted where the Tier 1B areas would be within its borders, but these were rejected by the state Land Use Review Board.

He said Castleton could only get Tier 1B status for a small area along the Route 4 corridor. This would grant Act 250 exemptions for housing and mixed use, the latter being businesses and offices with apartments above them. He said areas in Tier 2 would need Act 250 permits depending on certain factors, while anything in a Tier 3 area would trigger the need for an Act 250 permit.

Steele said only a small portion, 2%, of Rutland County falls within a Tier 1B area.

Route 4A corridor and that would grant Act 250 exemption from housing and mixed-use, which would be businesses or offices downstairs with apartments upstairs, and that would be it for a tiny area, for example.

“My opinion on it is I think the town of Castleton should oppose Act 181 in general,” he said. “I don’t think we should opt-in to Tier 1B. I think that if we’re going to oppose the whole act, we need to oppose all or nothing. I don’t think we can take the parts that we want because I think the entire thing needs to get rebuilt.”

He said he doesn’t believe Tier 1B status would benefit the town in the area it’s currently mapped.

Steele said Castleton is already well-developed, and based on conversations he’s had with people, what the town needs more of are single-family homes. Act 181 would hamper that, he said.

Steele made the motion for the board to not go along with the Tier 1B status and to send letters to the Legislature and Governor. This was done in separate motions, both of which passed unanimously.

“It might be a great idea for cities or something like that where you have everything but I don’t think that Castleton would benefit from that, and the rest of Act 181 is going to hurt us,” said Steele.

Select Board Chair Richard Combs said the law would work well in Chittenden County but not the rest of the state.

“I’m all for conservation,” said Steele. “I don’t want to make it seem like I’m not for conservation, because that’s what Act 181 was designed to do, but I think it’s too extreme for what people are going to want to do.”

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