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 adequately regulating agricultural discharges under the Clean Water Act after a petition by the Conservation Law Foundation, Vermont Natural Resources Council and the Lake Champlain Committee. Bill proponents said shifting permitting authority to ANR and updating statutory definitions would align state law with EPA expectations and avoid federal takeover of permitting.

Key provisions and deadlines

- Permit authority: Sections 7–12 amend ANR’s authority to permit CAFO discharges and clarify that a farm’s compliance with the Required Agricultural Practices (RAPs) alone will not exempt it from needing a CAFO discharge permit. "Compliance with the RAPs alone is not sufficient to exempt the farm from the discharge permit," a committee presenter said while summarizing Section 10.

- Timeline: The bill requires ANR to issue the first CAFO permit application by July 1, 2026. The statutory effective date for the bill is July 1, 2025.

- Definitions: The bill adds or revises definitions so that "waters of the state" explicitly includes the federal definition of "waters of the United States," while remaining broader; backers said this will keep state regulation stable if the federal definition shifts.

- Stakeholder process: The bill creates a pre‑rulemaking stakeholder group to gather input on proposed CAFO rules, and the language was adjusted to include water‑quality advocates alongside farmers, farm advocates and consultants. Sponsors said ANR may convene subgroups (for example, a farmers‑only meeting and a water‑quality‑advocates meeting) before joint sessions to let participants speak candidly.

- Fees and administration: Fees tied to CAFO permits would shift from the Agency of Agriculture to ANR, but the statute is written so a farm would not pay two separate fees; administrators told lawmakers a single fee would cover ANR’s permitting work.

Other edits and clarifications

- Seasonal manure and small‑farm language: Sections added in the Agriculture Committee clarify seasonal application of manure and small‑farm certification oversight. Committee members said the seasonal‑manure language gives the agriculture secretary emergency authorization for limited exemptions in particular circumstances, and that small‑farm certification provisions clarify which small farms must meet RAPs annually.

- TMDLs and scope: Lawmakers noted the change does not alter total maximum daily load (TMDL) obligations themselves; rather, proponents said bringing CAFO permitting under ANR is intended to help the state meet TMDLs by placing discharge permitting under the agency responsible for those standards.

Testimony and review

Witnesses and explainers included a slideshow and briefing by Michael Grady (who previously walked the committees through the issue), lawyers and division directors from both the Agency of Natural Resources and the Agency of Agriculture, and representatives of conservation groups and Rural Vermont. The bill was reported out of the Senate Agriculture Committee by a 5‑0 vote, returned to the floor where an ANR‑sponsored amendment was accepted unanimously, and later reviewed by Senate Finance without changes.

Next steps

Supporters asked the House to concur so ANR could begin work this year to develop rules and engage stakeholders before the 2026 permit deadline. Secretary Moore of ANR was scheduled to testify in follow‑up hearings, according to committee discussion.

Quotes in context

"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," said Senator Collomar, Rutland District, explaining the urgency behind the bill.

"This is only about water quality regulations," said Senator Ruth Hardy, Addison District, when legislators asked whether the change would affect animal‑welfare, pesticide or other ag rules.

Ending

Lawmakers framed S.124 as a technical and jurisdictional update meant to preserve state control of Clean Water Act implementation by clarifying ANR’s lead role, tightening permit requirements for CAFOs, and creating a stakeholder process to inform rulemaking. House concurrence and follow‑up testimony by ANR leaders were listed as the next steps in the legislative schedule.