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Vermont fairgrounds urge relief as stormwater '3‑acre' rule and permit delays create multimillion‑dollar costs
Summary
County fair operators told the Senate Agriculture Committee that a state '3‑acre' stormwater rule, permitting backlogs at ANR/DEC and high engineering costs threaten operations — with one large fair estimating a $3.7 million compliance price tag and asking for legislative or administrative fixes.
Representatives of Vermont county fairgrounds told the Senate Agriculture Committee that a state stormwater regulation known informally as the "3‑acre rule" and a backlog of permit reviews at the Agency of Natural Resources (ANR) and Department of Environmental Conservation (DEC) are creating urgent financial and timing problems for fairs that host community events and support local agriculture.
"We are really in a conundrum. We are really in a very, very difficult situation where we actually are at an impasse. We are at a point where we can't proceed at this point. We're basically dead," Robert Connan, a Rutland fair representative, said when describing his fair's situation. Connan said an initial feasibility study shows roughly $3.7 million in infrastructure costs, including $150,000–$200,000 in engineering work, and that the fair cannot access available grant funds without an approved permit.
Jackie Folsom, lobbyist for the Vermont Fairs & Field Days Association and president of the Vermont Farm Bureau, told senators that the Association received $300,000 in capital grants and $110,000 in stipends through the Agency of Agriculture but that some fairgrounds face much higher repair or compliance bills. Several fair executives described using grant funds to repair aging infrastructure — roofs, electrical systems, barns and arena surfaces — and emphasized fairs’ community roles hosting emergency response staging, vaccine clinics and volunteer housing during floods.
Speakers said the $2,000,000 set aside at the Agency of Agriculture for stormwater projects cannot be released until applicants hold approved permits; several fair leaders said they face a permit review backlog at ANR/DEC that stretches review timelines by months and increases engineering billings. Tim Shea of the Champlain Valley Exposition described an engineering review process in which agencies request incremental revisions, often causing month‑long delays and higher consultant fees.
Multiple presenters suggested legislative fixes such as a temporary implementation delay, a targeted exemption for historic fairs, or allowing limited release of state funds to pay engineering costs needed to obtain permits. Senator committee members said they would "take a swing at this" to pursue options and flagged pending bills in other committees that could provide breathing room but acknowledged the bills do not yet solve the underlying permitting backlog.
Why this matters: Fairgrounds are local infrastructure hubs used by agricultural communities and emergency responders. Several fair operators said a failure to secure funding and permits could force scaled‑back events or financial distress that would reduce local economic activity and threaten volunteer‑run institutions that support 4‑H programs, community events and rural outreach.
No formal committee action was taken during the hearing; senators asked staff to explore legislative paths and to coordinate with ANR, DEC and the Agency of Agriculture on potential short‑term fixes and use of existing funds.
