Unlock the Potential of Infill Development in Vermont!

Developing underutilized properties in town and village centers, known as "infill development," offers many benefits, including reducing sprawl, lowering our carbon footprint, revitalizing downtown areas, and providing the housing we need in Vermont.

However, significant risks come with redeveloping or rehabbing infill properties, such as:

  • Navigating complex zoning laws and obtaining permits
  • Assessing historic preservation requirements
  • Dealing with aging infrastructure
  • Facing opposition from nearby residents

An environmental contamination icon of a manufacturing building with smoke.Another important potential risk should not be ignored—the possibility that former uses of the property have caused environmental contamination. Even though the purchaser had no part in causing the contamination, once they own the property, they own the contamination…and the responsibility for cleaning it up.

Even if the contamination is from a nearby property, the presence of contamination can significantly impact redevelopment. Groundwater or vapor plumes of chlorinated solvents (often associated with auto repair, dry cleaning, manufacturing, or landfills) can range from a few hundred feet to several thousand feet, with some studies indicating average lengths of up to 1,500 feet (roughly 5 city blocks).

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How can your clients protect themselves from liability?

Fortunately, Vermont has one of the most robust liability protection programs in the country. Through the Brownfields Reuse and Environmental Liability Limitation Act (BRELLA) program, participants can access state funding for assessment/cleanup planning and bring a property to regulatory closure for good.

Isn’t all regulatory closure final?

Unfortunately, no. Regulatory closure for contaminated sites in Vermont is subject to a “reopener” condition, allowing a regulator to “reopen” a project to require additional investigation or cleanup at some future time. Under that scenario, liability for environmental cleanup may never be completely resolved.

Three common reasons that a site might get reopened are:

  • Discovery of pre-existing contamination missed during initial assessment: Even a diligent consultant may not find all the contamination at a site. By necessity, consultants must extrapolate from discrete sample points (borings or wells) and cannot practically examine every portion of the subsurface.
  • A contaminant, not regulated at the time of assessment and cleanup, may become regulated over the time your client owns the property: A recent example is the per- and polyfluorinated alkyl substances (PFAS) in the news recently.
  • The VTDEC may reduce cleanup standards: Some recent examples from the past several years include lead in soil, which dropped from 400 mg/kg to 71 mg/kg, or naphthalene in groundwater, which dropped from 5 ug/l to 0.5 ug/l.
An old building on the left with A finished development on the right showing opportunities for economic development.
An old canal on the left with a finished park on the right showing opportunities for openspace preservation.
A construction site on the left with a finished building on the right showing opportunities for sustainable energy.

Is entering the BRELLA program always the best option?

Not always. Depending on your client’s appetite for risk, potential use of the property, or factors that may preclude them from entering the program, BRELLA may not be the best path forward. Assessment activities, reporting, regulatory review, cleanup planning, and cleanup implementation can take significant time. Generally, getting through the program entirely may take a year or so, and some properties can take up to three years.

However, you do not need to be completely through the BRELLA program to take ownership. Each assessment or remedial planning step further clarifies how contamination may impact redevelopment and what steps you might take to mitigate these impacts on your project.

Curious about some of your current projects?

While we cannot offer a definitive assessment of a property over the phone, with simply a property address, we can point out some potential issues you might want to bring up with your clients as you discuss their project and their tolerance for risk.

If you are already familiar with the BRELLA program and have a project in mind, you may be interested in our Brownfields Package. This package includes the preparation of a Phase I Environmental Site Assessment, support for putting together your BRELLA application and meeting with the VTDEC representative, development of a Phase II ESA workplan, and support for preparing and submitting a funding application to the VTDEC.

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