Vermont Natural Resources Board
Land Use Panel
ACT 250 SCHEDULE B - SHORT FORM
Supplement to Criterion 9(B) – Primary Agricultural Soils
If your site may contain primary agricultural soils, you should read the
Criterion 9(B) section in the Guide to Applying for an Act 250 Land Use
Permit before proceeding with this section. The Guide is available on the
Land Use Panel’s web site (www.nrb.state.vt.us/lup/publications.htm) or at the
Act 250 District Offices listed at the beginning of the application form.
Under Act 250, “Primary agricultural soils” are defined as “soil map units with the
best combination of physical and chemical characteristics that have a potential
for growing food, feed, and forage crops, have sufficient moisture and drainage,
plant nutrients or responsiveness to fertilizers, few limitations for cultivation or
limitations which may be easily overcome, and an average slope that does not
exceed 15 percent. Present uses may be cropland, pasture, regenerating forests,
forestland, or other agricultural or silvicultural uses. However, the soils must be
of a size and location, relative to adjoining land uses, so that those soils will be
capable, following removal of any identified limitations, of supporting or
contributing to an economic or commercial agricultural operation. Unless
contradicted by the qualifications stated above, primary agricultural soils include
important farmland soils map units with a rating of prime, statewide, or local
importance as defined by the Natural Resources Conservation Service
(N.R.C.S.) of the United States Department of Agriculture (U.S.D.A.). 10 V.S.A.
6001(15).
a) Does your project involve any earth disturbance or subdivision of land?
[ ] Yes [ ] No If No, you do not need to address the questions below regarding
primary agricultural soils. Contact the district coordinator if you have any
questions.
b) Provide a summary of the soils on the entire project parcel in a matrix format
showing:
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
the number of acres of each type of soil on the parcel (use the soil type
abbreviations and soil name); and
the agricultural value group (1-11) for all soils listed.
(See the example matrix in the Guide to Applying for An Act 250 Land Use
Permit.)
The following sources may be useful in determining the soils types on your
parcel, and which of those soil types meet the definition of primary agricultural
Land Use Panel
Act 250 Short Form – Schedule B
Criterion 9(B) Supplement
Page 2
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soils:
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The N.R.C.S. publication Farmland Classification Systems for Vermont
Soils provides a good overview of the classification and identification of
Vermont soils, including a legend showing which soils in the state are
considered to meet the definition of “primary agricultural soils” under
Act 250. This publication is available on the NRB’s web site
(www.nrb.state.vt.us/lup/publications.htm) or from the Act 250 District
Offices.
The N.R.C.S. Web Soil Survey is an on-line tool which displays a soils
map for any parcel of land defined by the user and then calculates the
number of acres of each soil type. The tool will also calculate the
number of acres of primary agricultural soils for any parcel. For a link
to the Web Soil Survey and for specific instructions on using this tool to
determine the number of acres of primary agricultural soils on your
site, visit the NRB web site (www.nrb.state.vt.us/lup/publications.htm).
For most areas of the state soils maps are available electronically as
part of the state’s Geographic Information System (GIS). Visit the web
site for the Vermont Center for Geographic Information (VCGI)
(www.vcgi.org/) or contact the regional planning commission for your
area to determine whether this information is available in electronic
format.
c) If primary agricultural soils have been identified on your site, based on the
sources listed above, provide the following information shown on a single site
plan:
 the boundaries of the entire parcel,
 the location of all soils, by soil type, on the parcel,
 any existing improvements to the property (existing buildings, roads,
parking, etc.),
 proposed development impacts, including any proposed lot lines, all
building footprints and also buffer zones, utilities, leach fields,
pipelines, access roads, and parking; the development impact area
should be clearly delineated on the site plan so that the District
Commission can see how you have calculated the impact of the project
on primary agricultural soils; please also note that even though some
primary agricultural soils may not be physically disturbed by the
project, they may need to be included in the calculation of “impacted”
soils if they will be fragmented by the development and if they are not
able to contribute to an economic agricultural operation.
 the name, location, and type of neighboring agricultural operations,
including leased farmland.
Land Use Panel
Act 250 Short Form – Schedule B
Criterion 9(B) Supplement
Page 3
_____________________________________________________________________________
Provide a summary of the impacts to primary agricultural soils in a matrix
format showing:
 the number of acres of each type of primary agricultural soil (use the
soil type abbreviations), including the agricultural value group (1-11) for
the soils listed,
 the number of acres of primary agricultural soils already impacted by
existing development on the site (if any), and
 the number of acres of each primary agricultural soil type to be
impacted by the project.
(See the example matrix in the Guide to Applying for An Act 250 Land Use
Permit.)
d) If you believe that any soils listed on the above matrix do not meet the
definition of primary agricultural soils found at 10 V.S.A. § 6001(15), list those
soils and explain why you believe they do not meet the definition.
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All of the information in a) – d) above should also be provided to the Agency of
Agriculture, along with a location map for the project, so that the Agency can
provide you with a soil review letter. (Send information to: Education Coordinator,
Agency of Agriculture, 116 State St., Drawer 20, Montpelier, VT 05620) Provide a
copy of the soil review letter from the Agency of Agriculture to the District
Commission as part of your application.
e) If primary agricultural soils exist on the site, is the project site located in a duly
designated growth center pursuant to 24 V.S.A. § 2793c? [ ] Yes [ ] No
f) If the project is located in a designated growth center, you will be required to
provide “off-site” mitigation in the form of a payment to the Vermont Housing
and Conservation Board for all primary agricultural soils impacted by the
project, unless the Commission determines that “appropriate circumstances”
exist to allow for mitigation flexibility. Please note that certain affordable
housing projects are exempt from the requirement to pay an “off-site”
mitigation fee if located in a designated growth center. Contact the District
Coordinator or see 10 V.S.A. §§ 6086(a)(9)(B) and 6093 and the NRB’s
Statement of Procedure: Preservation of Primary Agricultural Soils for more
information, including mitigation flexibility.
Land Use Panel
Act 250 Short Form – Schedule B
Criterion 9(B) Supplement
Page 4
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g) If the project is not located within a designated growth center, explain how the
project has been planned to provide for “on-site” mitigation by minimizing the
reduction of agricultural potential of the primary agricultural soils through
innovative land use design resulting in compact development patterns, so that
the remaining primary agricultural soils on the project tract are capable of
supporting or contributing to an economic or commercial agricultural
operation. The Commission also has the ability to determine whether
“appropriate circumstances” exist which may allow for mitigation flexibility.
Contact the District Coordinator or see 10 V.S.A. §§ 6086(a)(9)(B) and 6093
and the NRB’s Statement of Procedure: Preservation of Primary Agricultural
Soils for more information, including mitigation flexibility.
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h) If the project is not located within a designated growth center, does the
applicant own or control any lands other than primary agricultural soils which
are reasonably suited to the purpose of the project? [ ] Yes [ ] No
i) Will the development or subdivision interfere with or jeopardize the
continuation of agriculture or forestry on adjoining lands? [ ] Yes [ ] No
Last Updated: February 13, 2007
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