Vermont committee debates expanding nuisance protections for new and changing farms

Members of the Vermont House Committee on Agriculture, Food Resiliency, & Forestry spent a legislative hearing debating revisions to the state—s right-to-farm provisions that would extend nuisance protections to farms that start or change operations next to existing nonagricultural development.

The committee discussed draft language that would remove the existing requirement that agricultural activity must have been established prior to surrounding nonagricultural uses to get a rebuttable presumption against nuisance claims. A staff member explained the current rule: "They are entitled to a rebuttable presumption if all of the following are met. That to be in conformity with all federal, state, and local laws, consistent with good ag practices that has to be established prior to surrounding non ag activities." The proposed draft crosses out that timing requirement and would explicitly allow changes in farming practice to remain eligible for protection, subject to exceptions.

The change matters, committee members said, because it would give newer and diversifying farms legal protection even when they begin operations after nearby homes or other…