Senate Conferees Review Amendment on Agricultural Nuisance Protections

The S.45 Committee of Conference meeting held on May 30, 2025, focused on the Senate's proposal regarding amendments to agricultural nuisance protections. Michael Grady from the legislative council outlined the Senate's position, which includes agreeing to the House's proposed amendments with one additional change.

The key amendment discussed pertains to Section 57, which addresses the standards for overcoming nuisance protections related to agricultural activities. The Senate's proposal maintains that nuisance protections will not apply if a plaintiff can demonstrate that a nuisance violation stems from the negligent operation of an agricultural activity.

However, the Senate seeks to modify the criteria for proving a nuisance. The proposed change would require that the agricultural activity must have a substantial adverse effect on health, safety, or welfare, supported by objective, documented medical or scientific evidence that the activity was the sole cause of the alleged effect. Additionally, it stipulates that if an agricultural activity significantly interferes with the use and enjoyment of neighboring properties, this too must be backed by similar objective evidence.

The meeting concluded with an invitation for further discussion, indicating that stakeholders may need more time to review the proposed changes before finalizing the amendments. This proposal reflects ongoing efforts to balance agricultural practices with the rights of neighboring property owners in Vermont.