In Re Huntley

¶ 1. Richard and Elinor Huntley, owners of a five-acre gravel mine, appeal a declaratory ruling by the Environmental Board. The Board determined that the Huntleys’ mine and associated property remained subject to Act 250 jurisdiction even though the site had been fully reclaimed, and its former permit had expired. We reverse and hold that, when á permit expires pursuant to 10 V.S.A. § 6090(b)(1), the land is no longer subject to Act 250 jurisdiction absent some activity to trigger the statute’s application.

¶ 2. In 1986, the Huntleys’ predecessors in interest applied for an Act 250 permit,…