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Vermont Supreme Court27s Taft Street decision narrows municipal authority over farming, counsel says
Summary
Legislative counsel Bradley Schoeman told a committee the May 30 Taft Street decision interprets the statute narrowly: municipalities may not regulate what the Required Agricultural Practices (RAPs) require, but they retain broad authority over noise, traffic, setbacks and other local land-use rules; the Agency of Agriculture is expected to propose a legislative fix.
Bradley Schoeman, legislative counsel, told a legislative committee that the Vermont Supreme Court27s May 30 Taft Street decision limits municipal authority by interpreting the statute narrowly rather than broadly.
"A bylaw shall not regulate required agricultural practices," Schoeman said while reading the statute, and explained the court held that provision bars municipalities only from regulating what the Required Agricultural Practices (RAPs) themselves require, not all municipal regulation of farming activity. "The relevant statute does not prohibit all municipal regulation of farming if that farming is subject to the…
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