When writing bills to achieve something as complicated as reforming Act 250, it’s not surprising unintended consequences come home to roost. Such has been the case with two provisions in Act 181 — tougher environmental regulations envisioned for Tier 3 areas with sensitive habitat, and the so-called ‘road rule’ — that have drawn the ire of rural landowners.

The unintended consequences came to light this past fall when rules were being drafted that would codify the 2024 bill’s legislative intent. In drafting those rules rural landowners discovered the legislation could significantly restrict their ability to develop their own land — even to the point of denying a farm owner, for instance, the ability to build an additional house for a family member on land they own. Whoops.

After weeks of public outcry, the good news is that the Legislature responded accordingly. The Senate passed S.325, which proposed extending the rulemaking process an additional two years — meaning that any rules would not go into effect before 2028, and the road rule postponed until 2030 — as well as giving the Land Use Review Board additional latitude to modify which Act 250 criteria might be triggered. Rep. Amy Sheldon, D-Middlebury, went a step further this Tuesday by saying in the House Environmental Committee she was prepared to rescind those two provisions from the legislation entirely.

“Certainly, we don’t need our shared interest in protecting our environment to divide Vermont, particularly at this moment,” Sheldon said at the meeting, as reported by Seven Days. The committee didn’t take action to rescind the provisions, but the stage is set.

On Wednesday, House Speaker Jill Krowinski went even further, saying “It is clear that the ‘Road Rule’ and ‘Tier 3’ need to be repealed.”

The take-home lesson here matters.

It is not that any one legislator, committee, political party, and any other group is out of touch with Vermonters. It is not that legislators were trying to nefariously usurp rights from rural landowners. Rather, it is that wide-ranging legislation is complex and citizens have a role to play. That role sometimes requires a dramatic response with protests and positions stated in the extreme. That’s OK. Residents should understand it is part of the legislative process.

Vermonters should know the state’s Land Use Review Board released a preliminary draft of the Tier 3 mapping and rules back in October 2025 and held four public engagement sessions across Vermont that month. They received substantial feedback and have been working to incorporate the public’s concerns ever since. The road rule provision was to go into effect on July 1, 2026, with the other reforms being enacted on Dec. 31, 2026. Sensing it did not have enough time to implement the rules, the Land Use Review Board petitioned the Legislature for more time, which was granted in S.325.

One could argue the preliminary draft should have been released sooner, but eight to 14 months prior to implementation is not exactly “surprising the public.” Regardless, the public hearings and public review process did what it was designed to do. And, with months to spare, the two provisions that most troubled rural stakeholders are being addressed.

Yes, that is thanks to public reaction by the stakeholders most impacted, but Vermonters should not lose sight of their own responsibility. While elected officials should be thinking of every caveat imaginable, in a democracy it’s also the citizen’s responsibility to be aware of what’s going on and to speak up when the impact is negative. That’s as true locally and statewide as it is nationally.

Speaker Krowinski’s went on to pledge on Wednesday: “Moving forward, I am committed to investing and engaging in a robust public engagement process that will give Vermonters an opportunity to share what is working and what needs to be fixed. We will take that information and use it to shape the policies that come before us in the legislative process. It’s critical that this isn’t solely focused on land use in Vermont — let’s really talk about all the issues facing our rural state and chart a path forward that creates a Vermont that works for everyone.”

Good on her for making the effort to engage the public early on, but here’s the reality: legislation is drafted and passed to accomplish the big picture, then given teeth through the rule-making process. It’s not until the rulemaking is drafted, often a year or more later, that the public can understand how it may affect them.

Vermonters also must be wise to politicians grandstanding such issues, including Lt. Gov. John Rodgers’ video decrying Act 181, with substantial misinformation about the bill’s potential impact. A much more useful response from Rodgers would have been to raise public awareness back in October when the rules were first released.

Finally, Act 181, all 171 pages of it, did institute significant reforms to Act 250 that will help build more housing at an affordable cost. The bill missed the mark on the two rural provisions, and according to Let’s Build Homes chairman Miro Weinberger more needs to be done in the bill to avoid driving up housing costs. But as the saying goes, don’t throw the baby out with the bathwater. Act 181 remains a solid accomplishment but, like most bills that seek major reform, tweaks and revisions are to be expected.