§ 4305 - Council of regional commissions; reviews of state agency and regional plans; reviews of confirmation and approval opinions by regional planning commission
§ 4305. Council of regional commissions; reviews of state agency and regional plans; reviews of confirmation and approval opinions by regional planning commissions
(a) A council of regional commissions is hereby created. The council membership shall include a representative from each regional planning commission established under section 4341 of this title, three members who are state agency or department heads appointed by the governor and two members representing the public appointed by the governor. Each regional planning commission shall appoint its representative, or replacement in case of a vacancy, from among the commission's municipal representatives. The council shall annually elect one of its members as chairperson and another member as vice chairperson. The powers and duties of these officers shall be determined by the council. A majority of members shall constitute a quorum. Members of the council, other than state officials, are entitled to the per diem and expenses authorized under 32 V.S.A. § 1010.
(b) The council shall provide, on request, an impartial mediator to help resolve disagreements between and among municipalities and regional planning commissions, and between and among regional planning commissions and state agencies, with respect to the compatibility of their plans with each other, and related matters.
(c)(1) The council shall review proposed regional plans or amendments, after public notice, and determine the following:
(A) whether the plan, as amended, contains the elements required by law;
(B) whether the plan is compatible with the plans of adjoining regions; and
(C) whether the plan, as amended, is consistent with the goals established in section 4302 of this title.
(2) If a municipality requests that a proposed regional plan or amendment be reviewed for compatibility with an approved municipal plan, the council shall conduct that review.
(3) Upon completion of a review under this subsection, one or more representatives of the council shall appear before the regional planning commission and present the council's comments and recommendations.
(d)(1) The council shall review state agency plans or amendments proposed under 3 V.S.A. chapter 67, after providing public notice as required under 3 V.S.A. § 839 with respect to administrative rules notwithstanding the notice requirements established in this chapter, and determine the following:
(A) whether the plan or amendment is compatible with the plans of other state agencies;
(B) whether it is consistent with the goals established in section 4302 of this title;
(C) whether it is compatible with regional plans; and
(D) whether it is compatible with approved municipal plans of municipalities that have requested review by the council.
(2) Upon completion of a review under subdivision (1) of this subsection, one or more representatives of the council shall appear before the state agency and present the council's comments and recommendations.
(3) After the agency has adopted a plan or amendment, the council, after providing public notice as required under 3 V.S.A. § 839 with respect to administrative rules notwithstanding the notice requirements established in this chapter, shall review the plan, as amended or adopted, and shall prepare a written evaluation of the plan's compliance with the criteria established in subdivision (1) of this subsection. The written evaluation shall be sent to all persons who request a copy in writing, to the governor, to the speaker of the house and president of the senate, who shall forward them to appropriate legislative committees. If the council determines that the plan or amendment as adopted is not compatible with a regional plan or is not compatible with the approved municipal plan of a municipality that has requested review by the council, the evaluation shall be sent also:
(A) to the regional planning commission,
(B) to the legislative body and planning commission of the relevant municipality and to the state representatives that represent that municipality, and
(C) to state senators who represent the relevant region or municipality.
(e) The council shall establish, by rule adopted according to 3 V.S.A. chapter 25, a process to conduct formal review of the sufficiency of an adopted regional plan or amendment and formal review of regional planning commission decisions with respect to the confirmation of municipal planning efforts, and the approval or disapproval of municipal plans or amendments. Formal review shall be conducted by a three-person regional review panel composed of council members, including at least two representatives of regional planning commissions, all assigned by the council in a manner established by rule. A representative of a regional planning commission shall not participate in formal review of the actions of the regional planning commission which the person represents. Council members who participate in the review of a regional plan under subsection (c) of this section shall not participate in a formal regional review panel proceeding on the same matter.
(f) The council shall adopt rules, according to the provisions of 3 V.S.A. chapter 25, that are necessary for the performance of its functions under this chapter.
(g) The council shall receive administrative support from the department of housing and community affairs. (Added 1987, No. 200 (Adj. Sess.), § 32, eff. July 1, 1989; amended 1989, No. 280 (Adj. Sess.), § 16; 2003, No. 115 (Adj. Sess.), § 86.)