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Committee considers narrower Act 250 exemptions for accessory on-farm businesses and events
Summary
Lawmakers discussed proposed language to clarify when accessory on-farm businesses and events can be exempt from Act 250 permitting. Committee members debated definitions of “primarily used for farming” and whether events such as concerts or farm stays should qualify.
Committee staff reviewed proposed options to clarify how accessory on-farm businesses interact with Act 250 and municipal zoning. The committee heard that the 2018 municipal zoning changes and Act 250 developments were intended to protect farming activities while ensuring towns cannot use zoning to prohibit farm-based businesses. Last year’s changes created a partial Act 250 exemption for certain qualifying farm products and sales.
The amendment under consideration would allow certain improvements or hosting of events on structures that are "primarily used for farming" without requiring an Act 250 permit, provided that the structure’s primary use remains agricultural. Staff noted ambiguity in the term "primarily," and committee members discussed possible numeric thresholds (for example, more than 50% of annual sales or of days of use) to reduce ambiguity. Members also raised concern that the word “events” is broad and could unintentionally include large commercial activities such as wedding barns or concerts, and suggested tailoring the definition to educational, social or recreational activities with a farm connection.
Ending note: Committee members asked for more precise drafting to define “primarily used for farming” and to narrow the kinds of events that would qualify for an exemption; the committee may revisit the language in a future hearing.
