Executive Order No. 10-51 (No. 06-25) [Promoting Housing Construction and Rehabilitation]
WHEREAS, the persistent application of well-intentioned, but now counterproductive
land use regulations, energy policies, taxes and fees have resulted in a severe shortage
of quality, affordable housing that is undermining the state's economic future, ability
to attract and retain working families, and the availability of good jobs; and
WHEREAS, without action the Housing Unit Deficit will continue to grow, exacerbating
our demographic crisis, weakening Vermont’s economy, and leaving fewer resources for
education, healthcare, social services, transportation infrastructure, as well as
supportive housing, recovery housing and emergency shelters, while the costs of all
these essential services continue to rise; and
WHEREAS, when first elected I worked with the Legislature to pass what was, at the
time, the largest investment in housing in the state’s history, including a $37 million
“Housing for All” bond in 2017 (FY18), emphasizing both funding and regulatory reform
in all legislative sessions since; and
WHEREAS, for the period 2021-2024, $338 million of onetime relief and recovery money
was put into housing initiatives, on top of $118 million of traditional investments
in housing, for a total of more than $456 million; and
WHEREAS, these post-pandemic investments have created or preserved about 2,000 units
of permanent housing to date, and the Administration expects to create or preserve
about 1,000 more by the end of 2027, for a total of about 3,000 state-supported housing
units for the period 2021-2027; and
WHEREAS, in this time, largely in response to multiple emergencies, we’ve learned
to be much more nimble, and resourceful; and
WHEREAS, new and now proven tools include the Vermont Housing Improvement Program,
capable of rehabilitating unsafe and underutilized units, or converting commercial
space to residential, with an average state investment of roughly $40,000 per unit,
creating about 700 units since 2021 with nearly 500 more in the pipeline; the Middle
Income Homeownership Development Program and the Rental Revolving Loan Fund, supporting
construction of new homes for middle income households; the Manufactured Home Improvement
and Repair Program, creating or improving lots for about 200 units at an average cost
of about $14,000 per lot, and repairing 333 homes since 2023 at a cost of less than
$13,000 per unit; Healthy Homes which has invested nearly $42 million to improve drinking
water and wastewater service at the homes of more than 7,000 low-income Vermonters;
and the Rapid Response Mobile Home Infill Program which has created 100 new mobile
home sites and placed 100 new, energy efficient mobile homes across the State at a
cost of $130,000 per unit in less than two years; and
WHEREAS, the Vermont Housing and Conservation Board, the Vermont Housing Finance Agency,
the Vermont Community Development Program, and other funders continue to fund dozens
of new affordable housing units per year with hundreds of new affordable housing units
in the pipeline slated for construction or completion through the end of 2027, often
at a total development cost of $600,000 per unit, and hundreds of existing affordable
units are funded for rehabilitation or preservation each year; and
WHEREAS, despite this unprecedented, focused commitment of state resources, there
remains an annual statewide Housing Unit Deficit of over 5,000 units as identified
by the Vermont Housing Needs Assessment, which can only be addressed through more private investment, and substantial regulatory
reform; and
WHEREAS, over the last several years, many of Vermont’s state, local, and federal
leaders have called for action on housing, citing a housing crisis; and
WHEREAS, despite the clear, urgent need to reduce the cost of housing, and to retain
and recruit new working families by rehabilitating or building many more housing units
each year, Vermont’s Legislature, in passing Act 181 of the Laws of 2024 over my veto,
expanded Act 250 regulation, and offered only certain limited and short-term exemptions
and a restrictive and geographically narrow framework for future long-term exemptions;
and
WHEREAS, regulatory barriers, lengthy and costly multi-tiered permitting processes,
unpredictable appeal processes, and unaffordable and technically challenging energy
standards significantly increase construction costs, delay timelines, impair economic
opportunity, and exacerbate Vermont’s demographic and affordability crises; and
WHEREAS, optimizing total permitting time, modernizing and coordinating permitting
processes, and better utilizing technology to improve efficiency, will benefit both
Vermonters and Vermont’s environment; and
WHEREAS, frivolous zoning appeals and case backlogs in our courts are a deterrent
to private capital investments in housing; and
WHEREAS, accelerated executive action is needed to address the critical housing shortage
and the compounding consequences of policies that no longer serve Vermont’s best interests;
and
WHEREAS, in accordance with the Vermont Constitution Chapter II, Sections 3 and 20, 3 V.S.A. § 209, § 2001, and § 2102 and 32 V.S.A. § 704a, the Governor has authority to direct executive agency actions and operations to
prioritize support for housing development, reduce unnecessary obstacles and require
administration of state programs in an efficient, effective and fiscally prudent manner;
and
WHEREAS, the Governor, through the Commissioner of the Department of Public Service,
has discretion to ensure reasonable, affordable, achievable and sustainable building
standards for Vermont residents and builders; and
WHEREAS, 30 V.S.A. § 202a establishes the general energy policy of the state is to, among other things, “ensure
to the greatest extent practicable that Vermont can meet its energy service needs
in a manner that is adequate, reliable, secure, and sustainable; that ensures affordability
and encourages the State's economic vitality”; and
WHEREAS, 30 V.S.A. § 51 requires amendments to the Residential Building Energy Standards (RBES) to be consistent
with both state energy policy and state housing policy, and cost-effective and affordable
from the consumer’s perspective; and
WHEREAS, Act 151 of the Laws of 2024 allowed the Commissioner of Public Service to
“direct the timely and appropriate revision of the RBES” after the issuance of updated
standards for residential construction under the International Energy Conservation
Code (IECC); and
WHEREAS, Vermont homeowners, builders, and economic development professionals have
raised significant concerns about the Residential Building Energy Standards (RBES)
and Commercial Building Energy Standards (CBES), specifically the unreasonable costs
to comply, feasibility, readiness related to training of professionals, and the very
negative impacts on housing affordability; and
WHEREAS, using discretion granted in Title 30, Vermont must take into consideration
both state energy policy and state housing policy, cost-effectiveness and affordability
from a working Vermonter’s perspective – as well as the State's overall economic competitiveness
and vitality – it is appropriate to allow homeowners, builders and contractors to
comply with the 2020 or 2024 RBES and CBES; and
WHEREAS, this compliance flexibility, which shall be paired with education and training
by the Department of Public Service and the Division of Fire Safety, will provide
flexibility to reduce construction costs, and exceed the standards implemented in
most states; and
WHEREAS, under 10 V.S.A. § 914, the Secretary of Natural Resources has discretionary authority to make wetland determinations
and designate unmapped Class II wetlands (“The Secretary may, upon a petition or on
his or her own motion, determine whether any wetland is a Class II …”) and similarly
has the ability to modify the required width of buffers surrounding Class II wetlands
in appropriate instances; and
WHEREAS, I have determined that using this authority to limit wetlands permitting
oversight to consider only mapped Class II wetlands as they currently appear in the
most-current Vermont Significant Wetlands Inventory (VSWI) when issuing wetland permitting
decisions for housing, as well as mixed use projects in designated growth areas, will
provide greater regulatory certainty, and expedite review timelines, consistent with
recent legislative efforts, such as Act 47 of the Laws of 2023, the Vermont Home Act,
intended to reduce the regulatory burden for infill development and responsible growth;
and
WHEREAS, this Executive Order also prioritizes housing unit generation through accelerated
and streamlined regulatory review while maintaining environmental protections and
legal compliance.
NOW, THEREFORE, I, Philip B. Scott, Governor of the State of Vermont, by virtue of
the authority vested in me by the Vermont Constitution and the laws of this State,
do hereby order as follows:
Section I: Building Energy Code Reform
1.1 Reinstatement of 2020 Standards
• All persons commencing building construction projects on July 1, 2024 or after shall
have the option of complying with the 2020 Vermont Residential Building Energy Standards
(RBES), Commercial Building Energy Standards (CBES), including the 2020 Stretch Code,
or the 2024 RBES and CBES.
• The Land Use Review Board shall update Act 250 materials to reflect that the 2020
Stretch Code is permissible.
• Materials provided by the Commissioner of Public Service shall inform and allow
for either building energy standard and specify that the flexibility is intended to
be used to make housing more affordable for the buyer.
• The Department of Public Service and the Agency of Commerce and Community Development
shall both immediately notify the public, municipalities, builders, and other stakeholders
of this option.
• The Department of Public Service, in coordination with other relevant state agencies,
shall continue trainings and encourage voluntary compliance with the 2020 or 2024
building energy standards.
1.2 Implementation Review
• By May 31, 2026, the Department of Public Service shall submit a report advisory
to the Governor analyzing:
○ Cost impacts of the RBES and CBES on housing affordability;
○ Compliance with 2020 codes and information from the small sample size of 2024 compliant
builds;
○ Recommended modifications to balance energy goals with increased housing unit revitalization
and new unit production as it relates to future building energy code updates, and any
other energy-related considerations of significance; and
○ Energy code standards implemented across the mid-Atlantic Region and New England
to assess regional consistency and Vermont’s competitiveness.
Section II: Expedited Permitting and Review Processes
2.1 Shortened Review Timelines All state agencies and departments, and boards and commissions with a majority of
members appointed by the Governor with housing-related permitting authority shall:
• Prioritize residential housing, including mobile home, and shelter applications
for review.
• Establish timelines for review periods for all regulatory processes currently operating
without them.
• Hear only testimony necessary for a full and fair determination of the proceeding
to ensure expedited proceedings.
• Reduce discretionary (as opposed to minimum mandatory) review periods, with a goal
of reducing the timeline by 50% for residential housing and shelter projects, considering
minimum mandatory notice and comment periods.
• Adhere to timelines for housing and emergency shelter developments, and if exceeded,
the failure of the public body to issue a decision within the applicable period shall
be deemed approved unless an extension is legally required.
•Concurrently process multiple permits rather than require sequential review. This
shall include the Land Use Review Board which shall process Act 250 permits concurrently
with, but subject to, other agency permitting processes.
• Issue decisions within 60 days of hearing completion for housing - including, but
not limited to, mobile home projects, shelter projects, and mixed-use projects.
2.2 Fee Relief for Housing Projects State agencies and departments, and boards and commissions with a majority of members
appointed by the Governor with housing-related permitting authority are directed to:
• Forward for consideration in the policy and budget development process proposals
to reduce permitting fees for multi-family housing projects, including mobile home
communities and mixed-use projects with a housing component, funded in whole or in
part with state general fund appropriations and producing a majority of its units
in a price range, to be determined by the Secretary of the Agency of Commerce and
Community Development, but not to exceed what the median working family in Vermont
could reasonably afford.
• Allow deferred payment of fees until project completion for prioritized housing
projects, as determined by the Secretary of Commerce and Community Development.
• No later than December 1, 2025 notify the Commissioner of the Department of Finance
and Management of the forecasted fiscal management considerations, if any, of these
changes.
2.3 Priority Processing Administratively and technically complete permit applications for multi-family housing,
shelter and mobile home development, mixed-use projects with a multi-family housing
component, and permits required in connection with multi-family rehabilitation projects
shall receive priority processing ahead of other non-housing applications within each
agency's workflow.
Section III: Environmental Review Streamlining
3.1 Wetlands Modification For residential housing and mixed use projects that include a housing component in
designated areas, such as Downtowns, Village Centers, New Town Centers, Growth Centers,
Neighborhood Development areas, and Opportunity Zone areas served by public sewer,
or with soils that are adequate for wastewater disposal, or extending to the terminus
of the areas served by public sewer or water services if beyond area of the development
district; areas that receive a Tier 1A or 1B designation under 10 V.S.A. § 6033, and locations meeting the eligibility requirements established in 10 V.S.A § 6081(z) for an interim exemption from Act 250 permit or permit amendment requirements:
• Class II wetlands are limited to those features identified on the most current VSWI
maps and no state wetland permits are required for impacts to unmapped Class II wetlands.
• Protective buffer zones around Class II wetlands are reduced to 25 feet.
Projects must comply with federal wetland requirements. Additionally, no later than
February 1, 2026, the Agency of Natural Resources shall commence rulemaking to ensure
that these wetland provisions are established in rule prior to the expiration of this
Executive Order.
3.2 Residential Housing Appeals To the extent the Judiciary is willing to participate in this initiative, I request
that the Judiciary, to the extent authorized in Chapter II, Sections 30 and 31 of
the Vermont Constitution and the Vermont Statutes Annotated Title 10, prioritize and
expedite residential housing appeals as the Executive may recommend and the Judiciary
deems feasible.
3.3 Streamlined Permitting Processes It is essential all gubernatorial Appointees ensure greater collaboration and coordination
across programs, departments and agencies to implement a Vermonter-focused land use
permitting system explicitly intended to improve and expedite the experience to revitalize
or build housing units.
• Permitting Modernization: Secretaries of the Agencies of Agriculture, Foods and
Markets; Commerce and Community Development; Digital Services; Natural Resources;
Transportation; and Public Safety; and Chair of the Land Use Review Board shall revisit
and assess efforts to coordinate and streamline concurrent permitting application
and review processes. Meetings shall be chaired by the Secretary of Commerce and Community
Development, who shall schedule regular meetings to be held at least monthly, and
more frequently as needed. The first meeting shall be held by October 1, 2025.
• The Secretary of the Agency of Digital Services shall designate a Project Manager
to support this initiative.
• The assigned Cabinet members shall immediately establish a multi-disciplinary team
(“MDT”) to provide increased coordination on existing multi-family housing projects
(10 or more units) triggering multiple permit jurisdictions, and prioritizing projects
in the counties of the state that have experienced the most substantial declines in
the size of their working-age populations. The MDT shall meet every week, and additionally
as needed, to streamline the permitting and approval processing for outstanding projects.
The MDT shall be chaired by the Secretary of the Agency of Commerce and Community
Development or designee.
• The Secretary of Commerce and Community Development shall include a status update
on this initiative in Weekly Reports to the Governor including defining and reporting
on Key Performance Indicators (“KPI”) for the functioning of the permitting system
and the pace and location of housing unit revitalization and construction.
• The Secretary of Digital Services shall undertake and provide status reporting on
the creation of a common entry system for the housing permitting process, to include
an evaluation of the various state databases; how the data in each can more effectively
communicate with another; what changes are necessary; and, the cost of establishing
and maintaining a common entry system. The Secretary shall provide this report to
the Governor by December 1, 2025.
• The Secretary of Natural Resources shall review and update guidance for high volume
permitting programs associated with housing, including wetlands, stormwater, drinking
water and wastewater, focusing on plain language and accessibility to the public.
The Secretary shall publish a timeline for this review by November 1, 2025, and shall
complete updates by July 1, 2026.
Section IV: State Land Utilization
4.1 Inventory of Available Properties By December 1, 2025, each state agency and department owning real property shall
submit to the Department of Buildings and General Services and the Department of Housing
and Community Development:
• Complete inventory of un- and underutilized properties suitable for multi-family
housing development, housing infill, mobile home park and shelter construction and
rehabilitation, as defined by the Secretary of Commerce and Community Development.
• Assessment of multi-family housing development feasibility and infrastructure capacity.
• Recommendations for disposal or long-term lease arrangements to support meeting
the State’s Housing Unit Generation goals.
4.2 Expedited Disposal Process The Department of Buildings and General Services and the Agency of Transportation
shall develop streamlined procedures for utilizing surplus state land suitable for
housing, including:
• Preference for homebuilders and housing developers in sale decisions.
• Below-market pricing for housing developments.
• Long term leases.
4.3 Fire Safety Inventory By December 1, 2025, the Division of Fire Safety in collaboration with local boards
of health, shall produce an inventory by address of all substandard and suboptimal
rental housing units reported or cited within the last three years.
Section V: Interagency Coordination
5.1 Governor’s Housing Leadership Team This Housing Leadership Team, advisory to the Governor and modeled on Vermont’s nation-leading
pandemic response, shall continue to meet bi-weekly, or as the Governor may require,
and recommend to the Governor state and federal policies to improve housing availability,
affordability and stability. The Leadership Team shall provide regular reports on
program progress, strategies, specific tactics and measurable performance metrics,
operational hurdles and recommendations focused on regulatory and process reforms.
• The Governor’s Housing Leadership Team shall consist of the Secretaries of Commerce
and Community Development, Transportation, Human Services, Natural Resources and the
Commissioner of Public Safety or designees, as well as the Commissioner of the Department
of Children and Families or a designee with a portfolio relevant to housing rehabilitation,
shelter development or housing development, the Commissioner of the Department of
Housing and Community Development and the Director of the Division of Fire Safety.
• The Leadership Team shall consult as needed with government and community stakeholders.
• The Secretary of the Agency of Commerce and Community Development or designee shall
Chair the Leadership Team.
• The Secretary of Human Services, or designee shall report on specific and measurable
interventions to reduce the number of Vermonters becoming homeless each year.
This Executive Order supersedes and replaces Executive Order No. 01-23, dated May
10, 2023 (codified as Executive Order 33-27) as of September 30, 2025.
Section VI: Brownfields and Contaminated Sites
6.1 Brownfields Economic Revitalization Alliance Program (BERA) On October 9, 2019 I issued Executive Order 08-19 (codified as 10-47) which established
the BERA Program to ensure effective and efficient planning related to hazard and
environmental mitigation and permitting related to brownfields redevelopment through
a “one-stop-shop” to assist landowners and developers with accessing State and federal
resources, navigating regulations and permitting requirements and planning and coordinating
the redevelopment of these properties on behalf of the people of Vermont.
• The Executive Order 08-19 and the BERA Program are hereby extended.
• No later than November 15, 2025, the BERA Program Executive Committee shall provide
an annual report to the Governor on the status of the Coordinated Project Plans, as
described in the Executive Order.
• No later than March 31, 2026, the BERA Program Executive Committee shall provide
an annual report to the Governor on:
○ Current barriers to brownfields housing redevelopment;
○ Recommendations for improving the brownfields reuse process; and
○ Recommendations on how to consider technical feasibility, regional consistency,
and economic impact when adopting state specific environmental media standards.
Section VII: Monitoring and Accountability
7.1 Performance Metrics Each affected agency shall track and report to the Office of the Governor, and to
the Department of Housing and Community Development quarterly, beginning January 1,
2026:
• Average permit processing times for multi-family housing projects, including mobile
home projects, shelter projects, and mixed-use projects;
• Number of permits issued under expedited procedures;
• Fee revenue impacts and budget adjustments needed;
• Regulatory cycles simplified or shortened; and
• Regulatory barriers identified and resolved.
7.2 Semi-Annual Review & Report By January 31, 2026, and every six months thereafter, the Department of Housing and
Community Development shall provide a comprehensive assessment of this Order's effectiveness
in increasing housing production and reducing regulatory timelines and costs by analyzing
the reporting of the affected agencies and departments.
Section VIII: Legal Safeguards and Limitations
8.1 Federal and Safety Compliance Nothing in this Order is intended to limit the authority of state agencies and departments
and boards and commissions with over 50% of the members appointed by the Governor
or:
• Compromise essential health, safety, or environmental protections.
• Conflict with federal environmental laws or regulations.
• Reduce compliance with Americans with Disabilities Act requirements.
• Eliminate required public participation processes where legally mandated.
8.2 Statutory Limitations Nothing in this Order is intended to contravene the intent of the Legislature. Agencies
shall:
• Identify statutory clarifications needed for effective implementation.
• Recommend emergency rulemaking where appropriate, with specific consideration of
the critical housing shortage, the dire need to facilitate affordable housing and
shelter construction and the imminent peril to public health, safety or welfare due
to the lack of housing for Vermont’s most vulnerable posed by regulatory barriers,
lengthy and unpredictable permitting processes and unaffordable and often unachievable
energy standards.
Section IX: Effectiveness And Duration
This Executive Order takes effect immediately and shall remain in effect unless modified
or extended by subsequent executive action.
Any agency unable to implement specific provisions due to legal constraints shall
notify the Governor's office immediately with recommendations for alternative approaches.
Dated September 17, 2025.