Vermont fair managers warn 3‑acre stormwater rule and engineering costs threaten long‑running shows; committee eyes legislative fix

Members of the Vermont Senate Committee on Institutions heard on Feb. 19 from leaders of county and regional agricultural fairs who said state capital grants have funded critical infrastructure but that new stormwater permitting tied to the so‑called "3‑acre" rule is imposing costly engineering requirements that threaten some long‑running fairs.

The committee chair, Sen. Wendy Harrison, opened the hearing by thanking fair managers and noting the role fairs play for both residents and visitors. Jackie Folsom, lobbyist for the Vermont Agricultural Fairs Association, told the committee the annual capital grant program — $300,000 in recent years — typically funds awards of about $30,000–$35,000 per fair and requires a 15% local match; fairs often contribute substantially more than the minimum match.

"We would love to see that bumped up a little bit," Folsom said, describing how fairs use the grants for electrical upgrades, drainage, bathrooms and other multi‑year projects.

Fair managers described projects funded with grant money and local matches. Tim Shea of Champlain Valley Exposition said, "We received $32,000. We matched that with our own monies to replace the roof of the Blue Roof Pavilion, about an $80,000 project." He also described fairgrounds serving as community assets in emergencies, hosting vaccine clinics and training exercises.

Several speakers described long histories: Orleans County Fair representatives said their event will mark about 158 years; Caledonia County Fair representative Chris Vance said his fair has run 182 years; others cited anniversaries ranging from decades to more than a century.

Rutland County Agricultural Society president Robert Congdon gave the most detailed account of how the 3‑acre rule is affecting a large, older fair site. He said the Rutland fairgrounds map shows 16.9 acres of property with significant impervious surfaces and that bringing the site fully into current stormwater compliance would effectively require rebuilding large parts of the infrastructure. Congdon said the estimated cost to meet the rule is about $3.7 million (the figure stated in the hearing transcript was $3,700,000,000; the fair’s representatives clarified their intent that the estimate is in the low millions).

Congdon said the group lacks funds for the engineering work required by DEC/ANR to obtain permits and that money set aside in an MOU between the Agency of Agriculture and DEC is not available to pay for engineering. He described a state set‑aside of $2 million and said the Rutland fair expects it might be eligible for roughly $500,000 of that pool, but that accessing any portion requires having a permit in hand by September — a deadline he called unrealistic given permitting timelines and the time needed to complete full engineering plans.

"We do not have the ability to shell out $150,000 for an engineer, a fully engineered study that would have to go into ANR to get our 3‑acre permit," Congdon said, adding that an earlier feasibility grant of $50,000 (reduced to $30,000) has been largely spent on a feasibility study.

Committee members and fair representatives discussed possible legislative responses. Sen. Russ Sigalos said the committee planned to draft a committee bill addressing fairs in the Lake Champlain Basin; according to committee remarks, about 75% of those fairs have already complied and the bill would seek an exemption for four fairs that have not. Committee members also said they had contacted Legislative Council and another senator was preparing a bill to extend compliance dates.

Several fair managers described how capital grants, even at modest levels, are leveraged into larger local investments, sponsorships and volunteer labor. Jason Secard of the Orleans County Fair described a community‑led project to build a new horse facility with volunteer fundraising leveraged by the grant program; Peggy Sherloft and other fair representatives described multi‑year plans to replace bathrooms, bury utility lines and renovate buildings.

No formal vote or committee action was recorded during the hearing; senators said they would work with Agency of Agriculture staff, DEC/ANR and interested fairs to develop legislative options and possible timeline changes.

The committee hearing highlighted three recurring concerns from fair managers: (1) the capital grant program’s modest award sizes are essential but may be insufficient to cover the new compliance burden; (2) the 3‑acre rule’s engineering, permitting and timeline requirements create immediate cash‑flow and feasibility problems for older, historically built fairgrounds; and (3) some fairs lack access to pre‑permit engineering funds, while some state funding is restricted from paying for engineering or requires a permit before funds can be disbursed.

Committee members committed to continuing conversations with DEC/ANR and the Agency of Agriculture and to pursuing legislative options, including an exemption for certain fairs in the Lake Champlain Basin or an extension of compliance dates while a longer‑term solution is developed.

Congdon summarized the stakes: "A 179‑year tradition is really at risk right now," he said, urging a feasible, multi‑party path forward. The committee ended the session without adopting a bill; senators said they will return to the issue in follow‑up meetings.