Vermont News Policy & Advocacy

Act 181 and Criterion 8C: A New Mechanism to Maintain Forests and Habitat

Public input during the final phases of Criterion 8C implementation will be essential for keeping our forests thriving.
A closeup of a male Black-throated Blue Warbler perched on a pine branch.
A profile photo of Lewis Grove A profile photo of Jamey Fidel
By Lewis Grove (Manager, Conservation Policy),
Jamey Fidel (Vice President, Audubon Vermont)
Published September 23, 2026
This article is from Audubon Vermont . Find your local chapter here.

Vermont’s forests are the crown jewel of our landscape: they define the state and support healthy communities, robust and diverse ecosystems, and the economic vitality of the state. Healthy forests also provide important services for human communities like clean water and air and abundant recreational opportunities. Furthermore, they provide key habitat for birds like Scarlet Tanagers, Wood Thrushes, Blackburnian Warblers, and dozens of other species whose populations are fragile and in decline.  

It’s no accident that our forests are as beautiful as they are. Decades of thoughtful management have resulted in some of the most admired forests in the world—just ask the folks parked on the back roads during fall foliage.  

We have important policies to maintain forests in Vermont, such as Vermont’s Current Use Program. But when it comes to programs that review the impacts of development, such as Act 250, there is currently no functioning standard to consider impacts upon forests.  

Recognizing the need for updates, the Vermont Legislature passed Act 181 into law during the 2024 session to accelerate housing in the state, promote regional planning, and address gaps in Act 250. On the housing side, Act 181 allows municipalities with sufficient infrastructure and zoning to now entirely exempt new development from Act 250 in designated areas. Act 181 also allows communities to exempt up to 50 units of housing and mixed-use projects in approved areas that have adequate infrastructure. Audubon Vermont supported these exemptions and other housing incentives. These policies are a practical recognition of the need to boost housing through streamlined environmental review in targeted growth areas. 

Conversely, projects which trigger Act 250 such as large subdivisions outside of growth areas will now be required to avoid, minimize, or mitigate undue adverse impacts on forest blocks and habitat connectors under a new provision called Criterion 8C. This criterion will help reduce forest fragmentation by encouraging proactive site design to better maintain working lands, forest ecosystems, and important habitat connections between these areas.  

Once in effect, Criterion 8C will help maintain the large, interconnected habitats that our wildlife needs to thrive. Wildlife depends upon movement at multiple scales across differing life stages for varying reasons. Isolated forest patches generally have lower biodiversity, lower productivity, greater susceptibility to generalist invasive species, and lower genetic diversity. In short, fragmenting habitat degrades the quality of all the resulting patches. The fragmentation of forested parcels also reduces the viability of working forests, which has a negative effect on the forest economy.  

Act 181 provides the Land Use Review Board with the authority to draft regulations to implement Criterion 8(C). A rulemaking process is scheduled to unfold over the next few months, with a final rule expected in mid-2027. Before the rule is drafted, the Land Use Review Board will conduct a series of Public Information Sessions. There will be a further opportunity for formal public comments once the draft rule is published in early 2027.  

Attend a Public Information Session: