Secretary, Agency of Natural Resources v. Short

The Agency of Natural Resources (“Agency”) appeals from a decision of the Environmental Law Division (“ELD”) involving Environmental Board Rule 2(A)(6), commonly known as the “Road Rule.” The ELD held that construction of a shared access road, over a thousand feet in length, did not trigger Act 250 jurisdiction because part of the road was a shared driveway, and not a “road” for purposes of the Road Rule. We affirm.

Defendants Terrence and Camille Short obtained local approval for a four-lot subdivision of the property in 1989, and sold two of the four lots. In 1990, the Shorts inquired of the…