Vermont bill moves CAFO discharge permitting to natural resources agency, sets permit deadline and stakeholder process

Vermont lawmakers discussed S.124 on the floor and in committee, a bill that would move oversight of concentrated animal feeding operation (CAFO) discharges under the Clean Water Act from the Agency of Agriculture to the Agency of Natural Resources (ANR), set a July 1, 2026, deadline for the first CAFO permit applications, and take effect July 1, 2025.

The change responds to an EPA letter and a petition that, according to testimony, found Vermont’s existing, shared oversight was not meeting Clean Water Act requirements. Senator Collomar, Rutland District, said the state faced a possible “de‑delegation” — removal of the state’s authority — and warned, “If we didn't do anything, we could face a de‑delegation situation. Guess who's driving the bus? The EPA is driving the bus now.”

The bill, drafted by legislative counsel as S.124 and reported out of the Senate Agriculture Committee, clarifies that ANR will be the lead Clean Water Act permitting authority for discharges from CAFOs. It also instructs ANR, in consultation with the EPA and the Agency of Agriculture, to issue a document spelling out ANR’s roles and responsibilities in implementing the Clean Water Act. Sen. Ruth Hardy, Addison District, who worked on related language, said the measure focuses on water quality and statutory clarity for farmers.

Why it matters: EPA officials told the legislature that Vermont was not…