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YIMBYs score a victory in Vermont

Change to Act 250 allows for construction of duplexes in most residential areas

A photo illustration of Governor of Vermont Phil Scott (Getty)

A photo illustration of Governor of Vermont Phil Scott (Getty)

YIMBYs scored another win at the state level.

In an effort to tackle Vermont’s housing crisis, Gov. Phil Scott last week signed into law a bill allowing for duplexes anywhere year-round residential development is permitted, VTDigger reported.

Triplexes and fourplexes are also permitted in areas served by water and sewer services, the outlet reported.

The measure, which also has other provisions that reduce local and state barriers to residential construction and alters Act 250, had bipartisan support, with a 135-11 vote in favor in the House and 27-2 vote in the Senate.

Major changes to Act 250 weren’t made, with some critics arguing the tweaks to the 50-year-old law did little to ensure new housing would be affordable, a notion Scott addressed when he signed the bill.

“Given the depth of our housing crisis, we know there are more reforms needed to really turn the tide,” Scott said, according to the outlet. “I will continue to pursue common sense modernizations to make sure all Vermonters can afford a safe, decent home.”

The law does authorize a one-time expenditure of millions of dollars for the construction of affordable housing, though that is currently tied up in state budget negotiations. It also reduces requirements for parking spaces; developers say they can use that space for additional units. Residents also can’t use area “character” as an argument on appeal of an affordable housing project, VTDigger said.

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Major changes to Act 250, though, will have to wait at least a year, however, as several studies and reports on how to modernize the law are yet to be submitted. There is still more work to be done, however, according to the governor.

“Given the depth of our housing crisis, we know there are more reforms needed to really turn the tide, particularly with Act 250,” Scott said, according to VTDigger.

States and municipalities around the country in recent years have attempted to tackle housing shortages by allowing for the construction of multifamily housing in places where it was prohibited. Some have been more successful than others.

Washington recently enacted a law that allows for duplexes and fourplexes to be built in most city neighborhoods. Oregon and California in 2019 and 2021, respectively, did away with single-family zoning. 

Meanwhile, Gainesville, Florida, earlier this year was set to become the first city in the state to get rid of single-family only zoning citywide, only to have the city commission reverse its vote that would have allowed for duplexes, triplexes and fourplexes to be built on land zoned for single-family homes in the college town, Bloomberg reported.

The reversal, which came after backlash from local residents as well as state Republicans who threatened to intervene, may indicate how much of an uphill battle the “Yes in My Backyard” crowd faces in Red States, according to the outlet.

— Ted Glanzer

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