By Kolby LaMarche

Burlington city councilors took up a proposal last night to expand the city’s control over development review, alongside financing measures for wastewater infrastructure and downtown parking garage repairs, addressing three separate demands on the city’s planning and public works systems.

The agenda included a resolution seeking Tier 1A status under Vermont’s Act 181 land-use law, authorization for up to $8.51 million in borrowing for wastewater treatment plant improvements, and a separate $1.6 million financing measure for parking garage repairs and security.

The measures address different aspects of city operations, but cover long standing issues like housing, water quality, and the downtown marketplace. The land-use proposal could change how certain development projects are reviewed, while the financing measures would support repairs and upgrades to existing infrastructure.

The council considered a resolution sponsored by council president Democrat Ben Traverse directing Burlington to pursue Tier 1A status under Act 181, a state law adopted in 2024 that changed how Vermont regulates development in designated growth areas.

Act 250, Vermont’s longstanding land-use permitting program, subjects certain development projects to state review for their potential effects on the environment, transportation, water and wastewater systems, and surrounding communities. Depending on the project, that review can occur alongside local zoning and permitting requirements.

Act 181 created a tiered system that changes how Act 250 applies in different parts of the state. Tier 1B provides limited exemptions for qualifying development in designated areas. Tier 1A would go further, exempting approved areas from Act 250 jurisdiction for new development.

For Burlington, the distinction could be significant. The city would rely more heavily on its own zoning, permitting and development review requirements rather than requiring qualifying projects to undergo a separate Act 250 review. The change is intended to make development more straightforward in areas already planned for growth.

The designation would not mean developers could build without restrictions. Burlington’s zoning rules, building codes and applicable environmental requirements would remain in place, along with other state and federal laws that may apply to a project.

Municipalities seeking Tier 1A status must demonstrate that they have the planning framework and infrastructure necessary to manage development locally. Requirements include an approved municipal plan, zoning and subdivision regulations, flood and river-corridor protections, and boundaries consistent with designated growth areas in an approved regional plan.

Burlington cannot grant itself the designation. The city must apply to the state Land Use Review Board, which determines whether proposed areas meet the statutory requirements.

The council also considered financing for the first stage of improvements to Burlington’s Main Wastewater Treatment Plant, authorizing up to $8,509,830 in borrowing through the Vermont Clean Water State Revolving Fund.

The proposal included related engineering and construction contract authorizations of approximately $7.87 million. Those contracts included about $6.34 million with Wright-Pierce, $1.13 million with PC Construction and $396,000 with Stantec.

The loan and contracts are related components of the same capital project, not separate borrowing measures that should be added together to produce a $16 million loan. The borrowing would provide financing for the project, while the contracts authorize work associated with its engineering and construction.

Wastewater treatment plants collect and treat sewage from homes and businesses before releasing treated water into the environment. Maintaining the facilities is essential to protecting water quality and ensuring that the city can continue providing sewer service.

The Clean Water State Revolving Fund provides financing for eligible water-quality infrastructure projects. Borrowing allows municipalities to spread the cost of major improvements over time rather than paying the entire expense from current revenues.

The $8.51 million authorization concerns the first stage of the Main Wastewater Treatment Plant improvements, rather than necessarily representing the full cost of every future upgrade the facility may require.

The project is a capital investment, distinct from the city’s annual operating budget, which pays for recurring expenses such as salaries, supplies and day-to-day services. Although the loan does not represent an equivalent immediate expense in the operating budget, it creates a financial obligation that must be repaid over time.

A separate measure addressed $1.6 million in financing for repairs and security at Burlington’s municipal parking garages. 

The proposal had previously received unanimous approval from the city’s Public Works Commission on Sept. 16, according to the commission’s meeting minutes.

The financing was described as borrowing against the city’s Parking Facilities Fund, with repayment planned through parking revenues rather than directly through the property-tax-supported operating budget.

Burlington operates three principal municipal parking facilities: the Downtown, Marketplace and Lakeview garages. Maintaining the garages requires ongoing work to keep the structures and their systems functioning, as well as welcoming for guests. Repairs may also affect elevator access during portions of the work.

The monies taken to upgrade public parking areas comes too as the garages, at least in recent times, have seen slight declines in foot and vehicle traffic, particularly the Marketplace site, due to constant loitering and open drug use and sale.

Those garage loans are set to be paid back by the rates charged at the lots. Though there is no doubt the City will pay this loan back, the recent trends of traffic in the garages raises some concern over future revenues, depending on how current challenges are handled. 

The financing measures come against the backdrop of Burlington’s recent budget challenges. The city entered its fiscal 2027 budget process facing an estimated $11 million structural gap, meaning recurring expenses were projected to exceed recurring revenues. The city subsequently adopted a balanced budget after implementing spending reductions and revenue measures.

The distinction does not eliminate the longer-term financial implications. Borrowing creates obligations that extend beyond the current budget year, while major infrastructure requires continued maintenance and investment.

The Tier 1A proposal presents a different question: whether shifting more development review to the municipal level can help Burlington accommodate growth while maintaining the safeguards required by state law. Even if the city moves forward with an application, the designation would depend on approval by the state Land Use Review Board.