Senate committee weighs S.45 to expand "right-to-farm" protections, adds mediation requirement

Senate Judiciary Committee members and witnesses on Feb. 13 discussed S.45, a proposal to strengthen Vermont's "right-to-farm" protections by limiting certain nuisance and trespass suits against agricultural operations and adding a required mediation step before litigation.

The bill sponsor, Senator Douglas, described the measure as aimed at "provid[ing] civil litigation protection for farmers when they are operating in a normal fashion," saying the change would give farmers "peace of mind" and help keep smaller farms from bankruptcy. He and other supporters said Vermont's current law is weaker than statutes in states such as Kentucky, Michigan and Oregon.

The bill would widen statutory protections for agricultural activities conducted in conformity with applicable permits, accepted practices and state water-quality requirements, and would require a complainant to attempt state mediation before filing suit. Michael Grady, interim legislative counsel, told the committee that many other states provide broader, sometimes near‑absolute, protections for farms — citing examples in Kentucky, Michigan and…