Intervale Land Sale 
Frequently Asked Questions 

What Can Be Constructed In the Intervale?

There are several issues that make construction in the Intervale difficult: floodplains, wetlands, and historic preservation.

FLOODPLAINS

All floodplains in Vermont are regulated by the Federal Emergency Management Agency (FEMA), which in turn delegates its authority to Vermont Agency of Natural Resources. In practice, the regulation of floodways starts at the local level, in towns that participate in the National Flood Insurance Program (NFIP).

Burlington is a participant in the Flood Insurance Program, and regulates the City’s floodplains via the Zoning Ordinance. In order to become eligible for the Flood Insurance Program, Burlington had a Flood Insurance Rate Map (FIRM) completed by FEMA which maps the floodways and assigns insurance rates based on the level of flood risk. Communities eligible for the Flood Insurance Program regulate floodplains with local bylaws which administered in the same manner as zoning bylaws, requiring a permit for any land development.

There are three “levels” of Intervale floodplain mapped on Burlington’s Flood Insurance Rate Map: the floodway (entire floodplain area associated with the Winooski River), 100-year or “base” floodplain (the portion of the floodway with a one in a hundred chance of flooding in any given year), and 500-year floodplain (the portion of the floodway with a 1 in 500 chance of annual flooding). These are mapped out on the Flood Insurance Rate Map based on elevations, which are contours of land described in feet above sea level.

At the entrance of the Intervale, base flood elevation is set at 113 feet above sea level, further north at the Ethan Allen Homestead the base elevation drops to 110 feet as the river gets closer to the lake. At the Winooski river mouth (and the Lake Champlain Shoreline generally), the base flood elevation is set at 102 feet. As a point of reference, the mean lake level of Lake Champlain is 98 feet. All of the lands proposed for sale to the Intervale are within the base flood (100-year) area, and are therefore subject to strict regulation.

Under FEMA’s rules, development may occur within the 100-year floodplain, but a licensed engineer must certify that any man-made changes in the land not obstruct flood waters or increase flood levels. In addition, new buildings constructed in the base floodplain must be protected from damage by flood. The lowest floors of residential buildings constructed in a floodplain must be constructed at or above the base flood elevation. Commercial buildings have the same restrictions, and also must be flood-proofed. All buildings developed within the 100-year floodway must be insured through the National Flood Insurance Program. If federal money is used for acquisition and/or construction in a floodplain, additional restrictions under the National Environmental Policy Act must be met, including a process whereby the public has the opportunity review and comment on projects.

All local floodway bylaws must refer to existing state and federal statutes which form the baseline for floodplain regulation. In addition, municipalities can enact local flood hazard ordinances that are even tougher than state regulations, and some towns have elected to forbid development altogether in any flood hazard area.

In Burlington, agricultural, recreational, and some accessory uses are allowed in flood hazard areas: "Provided that they do not require the erection of structures or storage of materials and equipment, the borrowing of fill from outside the floodway area, or channel modification or relocation, and do not obstruct flood flows, nor result in any increase in flood levels during the occurrence of the base flood discharge, decrease the water-carrying capacity of the floodway or channel, or increase off-site flood damage potential…”

No residential or commercial development is allowed within a flood plain in Burlington unless highly restrictive Conditional Use criteria are met. Similar to federal restrictions, Burlington’s Conditional Use criteria include requirements for the flood proofing of all structures, and documentation from Vermont DEC that the development will not increase flood risk or impact the flow of flood waters. No outside fill can be brought in to a floodplain, utilities need to be specially designed to function during flood events, and the burden is on the developer to show that there will be no net impact on the flow of water during a flood event. The ordinance is therefore written with enough barriers to development that it is highly unlikely that any proposal for construction in a flood hazard area would meet the standards of Conditional Use making it highly improbable that development can occur in Burlington’s Intervale floodway.

Some definitions:

• Base Flood (or “100-year Floodplain”) means the flood having a one percent chance of being equaled or exceeded in any given year.
• Base Flood Elevation (BFE) is the height of the base flood. (In the Intervale this has been calculated at 110-113 feet above sea level)
• Flood Insurance Rate Map (FIRM) means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
• Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot at any point.

WETLANDS

The US Army Corps New England Office (USACE) regulates Burlington’s wetlands, and makes determinations as to their delineation and natural resource value. The State of Vermont Agency of Natural Resources also regulates wetlands. Using the National Wetlands Inventory and Chittenden County Regional Planning Commission (CCRPC) Maps, which show the general delineation of wetland areas, the USACE and Vermont ANR can review a proposed project an determine if there may be an encroachment into wetlands, and show the classification of the wetland in question.

Developers will typically hire a consultant to delineate and map wetland areas more accurately and engage the USACE and Vermont ANR in a process whereby a final determination can be made as to the developable area of a parcel.

USACE’s Mike Adams has already forwarded a letter to the City regarding the Intervale land sale and his concerns about potential encroachments into wetland areas if development is anticipated. The CCRPC map shows the Intervale floodplain as the largest in Chittenden County, which means that due to their location and low elevation, there are likely a number of wetlands that have yet to be identified. Should there be suspected Class II or Class I wetlands in a development area, they would need to be delineated, field-truthed, and mapped by professional consultants. This work would be reviewed by the USACE and Vermont ANR, and a determination made on no-build areas, setbacks, buffer strips etc. to ensure wetlands are protected.

ARCHEOLOGY

The cultural history of the Winooski valley is of great interest and value. A full Phase II Archeological Study was performed on the McNeil Plant parcels, verifying that the Intervale holds Native American artifacts thousands of years old. Evidence has already been found of a tool making site on the Intervale, and it is known that the Winooski River was heavily traveled by Native Americans. The changing route of the Winooski River over time disperses these artifacts across a wide area. While the soils close to the surface have been disturbed by generations of farming, the archeological value of the Intervale’s subsurface could be quite high.

It can be anticipated that any development on the Intervale would come under the scrutiny of the Vermont Division of Historic Preservation, which would require a detailed survey of any areas to be excavated or disturbed by construction activities, and the permanent mitigation of any positive findings of artifacts.

What Land Is Being Sold?

The property consists of 199 acres comprised of two parcels: 179 acres of land and buildings located adjacent to Intervale Road (known as the Intervale Parcel) and a 20-acre non-contiguous parcel located easterly of North Avenue and bounded on the east by Vermont Route 127 (known as the Beltline Parcel).

This land is part of the larger Intervale, a 700 acre flood plain along the Winooski River just one mile from downtown Burlington.

What Entity Technically - BED Or The City For BED - Purchased The Property And For What Use(s)?

The Intervale property was purchased by the City of Burlington "for the benefit of its Electric Light Department" in 1977. The property was purchased in anticipation of construction of the McNeil Plant.

Who Is Selling The Land?

The land is being sold by the City of Burlington through the Burlington Electric Department. In the late 70’s to early 80’s BED purchased 400 acres in the Intervale. Part of the land was used to build the McNeil plant. At one time, the City had planned to build a trash to energy plant in the Intervale.

Why Is The City Selling The Land?

ED has determined that the remaining land, currently leased to the Intervale Center, is of no value to BED ratepayers. As a result, it is obligated to sell the land in order to meet its fiduciary responsibility to the rate payers. BED is regulated by the Public Service Board.

Who Can Buy The Land?

Anyone can purchase the land, but it must be sold for a fair market value from BED to another entity. It is important to note that, in its current lease with BED, the Intervale Center has a right of first refusal to purchase this land.

Why Doesn’t the City Buy this Land?

The City could buy the land, but it would cost the taxpayers money and the property would become tax exempt. As stated above, BED is obligated to sell the land and the City cannot simply retain it. The City has decided that it is preferable for the IC to purchase the property instead of using City General Funds. Ownership of the land by the IC will allow it to continue and enhance its history of good stewardship over the land. With the purchase by the Intervale Center, the City still retains an ownership interest in the land and certain important rights (see below).

Who Will Pay For The Land?

The Intervale Center is seeking a grant or grants totaling not less than $200,000 from the Vermont Housing and Conservation Board (VHCB). No City taxes will be used to purchase the property. Vermont Land Trust has been working closely with us through the application process, and if the transfer of ownership occurs, they will hold easements on the property to ensure perpetual agricultural and conservation use of the land.

What Are The Current Limitations On The Use Of The Land?

The land is in a floodplain or is wetland and lies within the Recreation Conservation Open Space (RCO) Zoning District. Because it is a floodplain and wetland area, it has very limited potential for building development. However, no agricultural or conservation easements currently exist on the land.

How Was The Land Valued?

An appraisal report dated February 17, 2006 was conducted by Michael O’Brien, an independent professional appraiser in Burlington. The appraisal was required for VHCB’s grant process and for BED to determine a sale price. The highest and best use of the property was recorded as “agricultural and conservation,” and the market value was determined to be $200,000. BED had paid $400,000 for all 400 acres in the late 70's. It used the only portion not in the flood plain and accessible by railroad for the power plant. The land used for the plant is significantly more valuable per acre than the unbuildable flood plain land.

Will The Land Be Taxed?

Currently, BED pays a Payment in Lieu of Taxes (PILOT) to the City. Upon sale, the land will be fully taxable. The Intervale Center will pay the taxes.

How Has The Land Been Used In The Past?

(This is an abridged version of the City’ Master Plan) This unique flood plain is presently used for farming and community gardens, conservation and education, with adjoining property being used for power generation and limited industrial activity.

The Intervale contains Burlington's largest natural areas, best agricultural soil, and largest expanse of undeveloped land. Some of the richest agricultural soil in the area lies within the Intervale. As a result, this area has an agricultural tradition that stretches back to its first human settlers. These first farmers were Native Americans who grew beans, corn and squash in the area for hundreds of years. American settlers, including Ethan Allen, later farmed the floodplain throughout the 18th and 19th centuries.

The farms in the Intervale, however, declined in the last century, and it became a dumping ground in the 1960’s and ‘70’s. Dumps, highway construction and wetland drainage threatened the integrity of the Intervale and obscured its agricultural value.

Nevertheless, farming never completely ceased in the Intervale. The area represents the last prime farm land in the city boundaries.

Tommy Thompson of "Gardens for All" established the Intervale Community Garden in 1980. The five acre garden site was renamed in 1988 as the Tommy Thompson Community Garden in memory of Thompson, who died in 1983. The community garden has been under Burlington Parks and Recreation management since 1986.

In 1986, the Intervale entered its current era when Will Raap, president of Gardener’s Supply Company, decided to locate the headquarters of his national mail order company on the far end of the flood plain. Mr. Raap’s vision of a sustainable farming experiment was solidified in 1988 when he formed the Intervale Foundation, a nonprofit organization committed to growing food using sustainable agriculture methods. The Foundation took over the task of acquiring additional acreage in the flood plain, administering an incubator program, managing the Green City Farm, and operating the compost project.

In 1995, the Intervale Foundation developed a management plan for approximately 870 acres of Winooski River floodplain to define and protect the areas natural character and agricultural potential. The objectives of the Plan include enhancing agricultural productivity, protection of wildlife habitat, and management of the resource in the context of the ecological processes that shape it. The City supported these efforts, and will continue to work to protect this important part of the city for the purposes of conservation and open space, wildlife and scenic corridors, agricultural use and passive public recreation.

Today, the land is home to productive farms, a large-scale composting project and community gardens. In addition to serving as the agricultural heart of Burlington, the Intervale is premier wildlife habitat with frequent sightings of deer, fox and mink. The Intervale also functions as an important recreational area for hikers, bikers, boaters, and others.

What Is The Lease History Between BED And The Intervale Foundation/Center, Including Lease Lengths, Amount, Etc.?

Prior to 1996, BED leased about 70 acres of tillable land to John Belter, a farmer from South Burlington. At the same time a small acreage was leased to Intervale Foundation (just north of the Waste Wood Depot and currently used by Intervale Community Farm) as was a barn located at 111 Intervale Rd. A five acre parcel was leased to the Burlington Community Gardens (the same parcel still so used today). The lease of the barn ended when the barn was moved across Intervale Rd to the Calkins homestead 3 years ago.

BED entered into a lease agreement with the Intervale Foundation in 1996. The term of 15 years commenced Mar. 1, 1996 and will continue until Feb. 28, 2011. There is opportunity for two 5 year extensions, subject to new rental rates for each renewal term. The lease includes a right of first refusal should BED decide to sell the land, upon payment of $5,000.

Under the lease, the property shall be utilized for agriculture, land conservation, recreational activities, educational program activities, forestry usage, research activities related to agricultural use and land conservation, and other environmentally sensitive business activities which have the advance written approval of BED.

The lease provides that after 3 years, rent was $25 per acre for tillable and open land, and $1.00 per acre for wooded areas controlled by BED. Then, beginning in 2002 and each ensuing three year period thereafter, the rent is increased by the CPI. The current rent is $1.40/acre/yr for wooded land and $28.07/acre/yr for tillable and open land. The exact total dollars charged for 2006 rent is $2,895.27.

What Is The Intervale Center?

The Mission of the Intervale Center is to develop farm and land-based enterprises that generate social and economic opportunity while protecting natural resources

The Intervale Center manages 350 acres of agricultural, recreation and conservation areas, provides Burlington with a vital employment center, contributes to the local economy, produces high quality compost to improve soil fertility throughout the state, and provides a secure source for local food for Burlington.

The Intervale Center has been leasing the majority of this property from Burlington Electric Department (BED) since 1996. Its current lease expires in 2011, with options to renew, conditional upon agreement on lease rate with BED.

What Are Its Core Programs and Enterprises?

• Intervale Compost Products
• Incubator Farms Program
• Success on Farms/Farm Viability Program
• Intervale Conservation Nursery
• ealthy City Youth Farm
• Calkins Farmstead Restoration

What Are Some The Public Benefits Of The Intervale Center?

• Land Reclamation for Productive Agriculture & Passive Recreation
• Economic Development
• Local Food Security & Social Wellbeing
• Environmental Protection

What Are Some Of The Results Of Their Work?

The accomplishments and direct public benefits delivered to the Burlington community as a result of the work of the Intervale Center are summarized below:

Land Reclamation:

• Restoration of nearly 350 acres of abandoned land into organic farming, compost production and passive recreation
• Restoration of the historic Calkins Farmstead, which was the last remaining dairy farm in Burlington, for farm and public use
• Maintenance of the dirt portion of Intervale Road for all users

Economic Development:

• Investment of nearly $3.5 million since 1986
• Employment of about 100 full-time and seasonal workers annually
• Generation of approximately $1.5 million in economic activity from sale of goods and services, annually
• Payment of $15,000 in property taxes annually

Local Food Security & Social Wellbeing:

• Providing 13 working farms with access to land, shared equipment and infrastructure = 550,000 pounds of fresh produce purchased by 26,000 individuals in our community in 2005, nearly 7% of Burlington’s consumption
• Training of 20 teens on average annually in the area of organic market farming · Linking Burlington School District with fresh, healthy local food
• Coordinating a gleaning Intervale farms=over 30,000 pounds of fresh fruits and vegetables to agencies helping families in need

Environmental Protection:

• Recycling of 20,000 tons of organic waste into premium compost and soil products to improve soil fertility
• Propagation and distribution of over 30 species of native trees and shrubs for protection of Vermont’s water quality through riparian restoration.
• Organic Farming = best environmental factors

Why Is Intervale Center Land Ownership Important To The City Of Burlington?

The City has entrusted the Intervale Center with the stewardship of the Intervale lands for nearly 20 years. As a result, the City has benefited enormously with minimum financial investment and participation. The City has derived enormous benefits of the IC investment without having expended taxpayer and/or rate payer money. Non profit organizations have played this important role throughout the City, and the Intervale Center is a model of how non profit organizations can benefit the public.

Land security will allow it to deliver more and more value to Burlington, its residents and their health, our environment and our local economy. The Intervale area is a key to making Burlington a truly sustainable city, as outlined in the Burlington Legacy Plan, and the Intervale Center is the leader in that effort.

In summary:

• To secure productive agricultural and recreational use of this land for future generations.
• To enable ongoing contribution to the community’s food security, recreation opportunities and overall wellbeing.
• To offer more secure land tenure through longer term leases to farmers and community gardeners in the Intervale.
• To preserve and maintain the land as a working landscape, employment base, viable agricultural economy, conservation area and safe passive recreation area forever

How Are The Tommy Thompson Community Gardens Currently Utilized?

The Tommy Thompson Gardens has been a huge success story:

• 145 plots rented for 2006
• Currently no waiting list for this particular garden site
• Estimated 500 gardeners
• Estimated 400 lbs of food per plot
• Majority of Gardeners are Burlington Residents from Wards 2 and 3
• Minority of Gardeners from Colchester, South Burlington, Winooski, Williston, Essex Jct., Richmond, Shelburne and Charlotte
• Amenities: Three tool sheds, one community shelter and water system
• Informal Crop Rotation · Extra produce donated to Food Shelf

Groups involved at Tommy Thompson include: Home school groups; Educational Groups; Neighborkeepers; King Street Youth Center; Vermont Adult Learning; CP Stepping Stones; Spectrum, etc.

How Will The Community Gardeners Be Protected?

Taking into account the strong sentiment expressed by community gardeners for maintaining the current site, three options are being considered:

1.  Perpetual Easement: Establish a perpetual Community Garden Easement, with the community garden program coordinated by the Burlington Parks and Recreation Department.
2. Lease: IC would enter into a 25 year lease with the City for the current community garden site, with options to renew. The lease would provide that any proposed change in location of the community garden site would be subject to the approval of the Burlington City Council, at its discretion.
3. City Ownership: The City would retain ownership of the community garden site.

City officials currently prefer the perpetual easement option, but remain open to other options. In any event, the community garden use will have to be a permissible use under the Farmland Easement. As a principle, the acreage area dedicated for community gardening use is at a minimum the amount that is currently set aside for this use, and the location has reasonable access to water and is consistent with organic gardening use. Any proposed change in location of the Community Gardens shall be subject to the approval of the Burlington City Council.

Will The City Be Involved In The Future?

City will agree to sell to Intervale Center an undivided 99% interest in the Property. The remaining 1% interest in the Property will be retained by the City. The City’s goals in retaining a small interest are to ensure that IC does not engage in uses of or improvements to the Property which are reasonably appropriate to support IC’s mission to develop farm- and land-based enterprises that generate economic and social opportunity while protecting natural resources. By retaining a 1% undivided interest, the City is guaranteed perpetual participation in any decisions that ownership rights confer.

How Will The Land Be Used In The Future?

IC and the City will execute a perpetual farmland conservation easement. In addition, every ten years, IC will develop a management plan for the Property identifying the uses of and proposed improvements to the Property. The plan will fulfill the requirements set forth in the Farmland Easement, and will be submitted to the City for its approval.

The Management Plan will include but not necessarily be limited to: a map of the property; property description and purposes of conservation; proposed land uses; plans for public access and interactions with the public; plans for dealing with problems (trash, prohibited uses, motorized vehicles, off trail uses); existing and proposed improvements, structures, infrastructure, and trails (kiosks, platforms, boardwalks, recreation structures, etc); gates and boundary marking and/or posting, parking areas and access - both existing and proposed; managing natural resources - vegetation, water ways, ponds, natural communities etc.

What Happens If The Intervale Center Goes Out Of Business?

In the event of the dissolution of IC, the City will have the first opportunity to take title to the property. The City will need to comply with the terms of the perpetual Farmland Easement and to operate farm-and land-based enterprises that generate economic and social opportunity while protecting natural resources. The City also must approve land transfer which shall not be unreasonably denied and shall show cause for disapproval.

Will The City Still Need To Use Some Of The Land For Municipal Purposes?

Yes, and will be able to the following: · BED will have access to well #1 for back-up cooling for the McNeil electric generating plant · BED will have the right to lease back 4+/- acres adjacent to the existing waste wood lot to expand the wood depot for wood storage. · BED will have a fifty (50’) foot wide utility corridor easement over the Property in a location to be mutually agreed-to by the parties prior to Closing. · DPW will seek alternative location, both on the Property and other sites in Burlington, for the temporary storage of clean fill. If an off-site location is not identified, the City shall have the right to continue to utilize the current on-site.

In addition, IC agrees to not contest, dispute or protest McNeil activity by virtue of their ownership of this property.

In Summary, What Are the Benefits?

• Fulfills BED requirement to sell the Land at a fair price.
• Insure land will be used for agriculture and conservation forever.
• Preserves Community Gardens forever.
• Supports the work of the Intervale Center:
• Land Reclamation for Productive Agriculture & Passive Recreation
• Economic Development
• Local Food Security & Social Wellbeing
• Environmental Protection
• Provides City oversight of land uses through Management Plan and partial ownership.
• Doesn’t cost the City any taxes.
• City continues to receive taxes.
• Insures opportunity to leverage resources not typically available to municipalities.

What Happens Next?

Here is a schedule of all the planned meetings on this topic:

• Tuesday, September 5: Board of Finance Meeting: Update 5:30 p.m. City Hall Conference Room 12
• City Council Meeting: Update 7:00 p.m. - Contois
• Monday September 11: Board of Finance Meeting: Vote on proposal 5:30 p.m. - City Hall Conference Room 12
• Monday September 18: City Council Meeting: vote on proposal 7:00 p.m. - City Hall - Contois Auditorium

Page last updated April 07, 2008