Act 250 Permitting Process
Audit Title
Performance Audit: Measuring Administrative Efficiency in Act 250 Completeness Reviews
Objective:
To provide objective, measurable data on the administrative efficiency and consistency of the Completeness Review phase of the Act 250 permitting process, with a focus on compliance with statutory and administrative time limits.
Scope:
Examination of all major development applications (housing and mixed-use) filed with one specific District Environmental Commission over the most recent 12-to-18-month period. The scope will be limited exclusively to the records of the Natural Resources Board (NRB) staff and will not include reviewing records from applicants (developers/consultants) or other state agencies (ANR).
Key Audit Areas and Procedures
Compliance with Completeness Review Deadlines:
Measure Time Friction: For every sampled application, determine the actual number of calendar days taken by the District Coordinator to issue the Notice of Completeness or the Notice of Incompleteness. Compare this actual time to the statutory or administrative deadline (e.g., 20 days) to identify the rate and extent of non-compliance.
Efficiency and Operations:
Review the methodology and justification for the fair valuation of portfolio companies. Evaluate the reasonableness and compliance of management fees and administrative costs charged to the fund.
Consistency of Completeness Determinations:
Analyze the Notice of Incompleteness letters issued by the District Coordinator. Systematically categorize and assess the type and frequency of deficiencies cited by the Coordinator (e.g., missing impact studies, failure to address specific criteria) to identify if the initial review standards are applied consistently among applicants.
Efficiency of Staff Communication and Tracking:
Evaluate the internal tracking systems used by the District Coordinator to manage the application queue. Assess whether the Coordinator provides clear, consistent, and timely communication to applicants regarding the status and next steps following an initial incompleteness determination.
Data Integrity for Public Reporting:
Verify whether the internal data (used to track timelines and status) that feeds the NRB's public-facing online permit tracker is accurate and updated in a timely manner, ensuring transparency for all stakeholders.
Expected Value of the Audit:
This audit provides high-value accountability and transparency by focusing on the critical administrative function of the Act 250 Completeness Review. It moves the debate from general complaints of delay to objective, data-driven facts on where the process is failing to meet its own mandated timelines.
The findings will yield specific, quantifiable recommendations for the Natural Resources Board (NRB) to streamline operations and improve internal controls, particularly in staff training and process standardization. By measuring time friction, the audit directly informs policymakers on how to reduce regulatory uncertainty and contribute to a more efficient environment for housing development while establishing a scalable audit framework for future regulatory reviews