Senate advances bill expanding 'right to farm' protections, orders third reading after 25-5 vote

The Vermont Senate on March 18, 2025 voted 25–5 to order third reading of S 45, a bill that expands statutory protections for agricultural activities from nuisance and trespass lawsuits and shifts the burden of proof to plaintiffs who sue farmers.

Senator Norris, reporting for the Senate Judiciary Committee, told the floor that S 45 would “enhance protection for farmers from suit by expanding the protection to include protection from trespass complaints as well as nuisance, and by amending the criteria for protection.”

The bill’s proponents told the committee the measure is intended to preserve farmland and reduce litigation-driven conversions of agricultural land. Under S 45, the statutory definition of protected “agricultural practices” would be tied to “generally accepted agricultural practices,” and the civil burden would be placed on plaintiffs alleging nuisance or trespass rather than on farmers to prove their eligibility for the law’s protection. S 45 also would bar loss of protection because of a change in ownership or temporary cessation of operations of up to five years.

S 45 would require an attempt at mediation under the Uniform Mediation Act, 12 V.S.A. chapter 194, before a person may bring a court action for nuisance or trespass arising from an agricultural activity; if mediation fails, parties must agree to arbitration and share costs. The bill sets an effective date of July 1, 2025.

Norris outlined the bill’s history and committee consideration, saying the committee heard testimony from a range of witnesses including an attorney from Green Mountain Law, general counsel from the Agency of Agriculture, partners and owners of dairy and other farms, and representatives from groups such as the Vermont Natural Resources Council and the Vermont Association for Justice. He said the Senate Judiciary Committee reported the bill with a 4–1 favorable vote.

On the floor, a senator from Chittenden told colleagues that the Agriculture Committee had reviewed S 45 and recorded a straw poll of 5–0 in favor of the committee’s approach. After the roll call the secretary reported 25 ayes and 5 nays, and the presiding officer announced that the ayes have it and S 45 had been ordered for third reading.

Where it matters: S 45 would change who must prove allegations in nuisance and trespass suits affecting farms, require mediation before litigation, and expand the statutory protections currently afforded to farmers. The bill does not remove civil or regulatory consequences for farms that violate environmental or other laws, nor does it immunize unlawful conduct; Norris emphasized that protections would apply when activities are “conducted in accordance with generally accepted agricultural practices.”

Next steps: With third reading ordered, S 45 will return to the Senate for final debate and a third-reading vote on a future floor day.