After a year of deliberation, the state of Vermont is close to passing legislative reform of its notorious “ten-acre loophole,†and in the process including provisions that would permit new types of septic systems to be allowed for specific building sites. These steps, expected to be fully implemented in the coming legislative session, amount to a mixed bag for those concerned with environmental protection and clean watershed issues.
While it has become a current issue — largely due persistent vociferations of Gov. Howard Dean to “close†it — the ten-acre loophole has long been a concern among land-use advocates in Vermont. In 1969, then-Gov. Deane Davis became concerned with the impact rapid growth of rural areas would have on groundwater, as family farmers began selling off land to stay in business. That year, Davis enacted Act 249 — a precursor to the far-reaching Act 250 — which imposed greater state and local control over the types of septic systems to be used on new properties. While the law pushed for more regulation to ensure better overall groundwater quality, it also exempted any new lot of more than 10 acres, under the assumption that 10 acres would allow a suitable sewage disposal system to be installed.
Municipal maps of rural towns throughout the state tell the story since: one finds newly-culled housing developments with often narrow “spaghetti lots†measuring 10.5, 10.1, and even 10.01 acres. Those seeking to build new in rural settings — and those realtors moving the lots — find the larger lots more attractive, because building can be done without local or state septic review.
Both Democrats and Republicans are largely opposed to the loophole, because it doesn’t make sense for land use, encourages sprawl, and places a larger burden on farmers to sell more land faster. Planners have shown the positive impact, both environmental and economic, of cluster development in rural areas. Republicans tend to champion property rights, however, and therefore have made the claim that while the loophole should be closed, the state Agency of Natural Resources needs to update its policies with regard to new developments in sewage treatment technology.
Last April, a Senate committee put together a plan that would slowly phase out the ten-acre loophole. The law would still allow ten-acre properties to be created and sold exempt until the end of 2002, and to be built on without penalty until the end of 2004. Other 10-acre properties will be grandfathered out of the new system, which will require local and state regulation of septic systems on all properties, regardless of size. Anything sold or built after those two deadlines will be subject to the new regulations.
In a recent statement, Gov. Dean said he would favor the new bill and was eager to push it forward.
To persuade the Republican-controlled House to approve the measure, concessions were made. In return for the amendment, the state Agency of Natural Resources will be working on new rules that take into consideration new types of septic systems, and to relax requirements on such systems, which could open up huge areas of the state to development that had been considered off-limits because of septic regulations.
According to those in the industry, new technologies exist in septic systems that allow much less depth between the system’s base and the groundwater supply. Currently, a lot needs a 20-inch barrier between groundwater and leachfield, but new systems allow that depth to be decreased to six inches.
More importantly, the newer septic systems can be built on slopes of up to 30 percent, according to Scott Johnstone of the Agency of Natural Resources. This could lead to increased development on hillside lots, especially those areas near ski-resort towns, already the fastest-growing areas of housing development. According to Johnstone, an estimated 50 percent more land will be developable statewide if the measure is passed.
The new law is also expected to allow more local control in the siting and regulation of septic systems, so communities can decide how stringent or lenient they want to be with regard to water quality issues. It is expected to be carried out soon after the legislative session begins in January.
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Winter Storm Warning Issued for Berkshires
Another snowstorm is expected to move through the region overnight on Friday, bringing 5 to 8 inches of snow. This is updated from Thursday's winter weather advisory.
The National Weather Service in Albany, N.Y., has posted a winter storm warning for all of Berkshire County and parts of eastern New York State beginning Friday at 4 p.m. through Saturday at 1 p.m.
The region could see heavy to moderate snowfall rates of 1 to 2 inches per hour overnight, tapering off Saturday morning to flurries.
Drivers should exercise caution on Friday night and Saturday morning, as travel conditions may be hazardous.
Saturday night should be clear and calm, but warming temperatures means freezing rain Sunday night and rain through Monday with highs in the 40s. The forecast isn't much better through the week as temperatures dip back into the teens with New Year's Eve looking cloudy and frigid.
Samuel Currence served his country in the Air Force with distinction, professionalism and unparalleled humility from 1962 to 1985, retiring as a technical sergeant. click for more
Many homeowners are showing their holiday spirit by decorating their houses. We asked for submissions so those in the community can check out these fanciful lights and decor when they're out.
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