In Re Agency of Administration, State Buildings Division

Summary

The Supreme Court of Vermont reversed an Environmental Board declaratory ruling that the demolition of #8 Baldwin Street in Montpelier commenced construction on a state 'development' subject to Act 250 because it was a stage of a larger capitol complex project involving more than ten acres. The court held that 'plan' in Board Rule 2(A)(4) must carry forward the statute's requirement of finality of design and readiness to commence, and that the unendorsed, unfunded 'masterplan' brochures were mere proposals, making the Board's contrary findings clearly erroneous. It also struck Board Rule 2(D) as overbroad and held that demolition does not constitute the 'construction of improvements' unless it is the first step in a proven development project. Justice Billings, joined by Justice Underwood, dissenting, would have applied a narrower standard of review and affirmed the Board's assertion of jurisdiction.