MONTPELIER, Vt. (WCAX) – The Vermont Attorney General’s Office says an executive order signed by the governor promoting housing construction partially exceeds his authority.
Scott signed the executive order in September, saying it would streamline the construction of new housing. Among other provisions, it requires monthly performance metrics, including average permit processing times, the number of permits issued, and regulatory barriers identified and resolved.
Legislative leaders, who at the time complained that the governor did not communicate with them about the order, asked the AG’s office for an opinion on whether it exceeded his authority.
In an opinion released Thursday, Vermont Attorney General Charity Clark concluded that while most sections of the order are lawful, it exceeds the governor’s authority in two areas – one concerning the regulation of wetlands and one related to building energy standards. She says those changes could potentially be advanced legally through the rulemaking process.
The governor has maintained that the actions are within his power.
