Senate Agriculture Committee reviews omnibus agriculture bill with changes to municipal regulation, farm kitchens, taxes and siting rules

Legislative counsel Rodney Shaw walked members of the Senate Agriculture Committee through a draft miscellaneous agriculture bill that would make broad changes across municipal regulation, farm licensing, tax treatment for small farm income and energy siting.

Shaw said the first three sections are intended to overturn or clarify a Vermont Supreme Court decision related to municipal authority, restoring a general rule that "a municipality shall not regulate farming, including the construction of farm structures," and adding legislative findings to that effect. He said the Agency of Agriculture, Food and Markets drafted language that would not only reinstate the prior status quo but also expand the list of activities municipalities could not by bylaw regulate, including cultivation, grazing and small backyard poultry (excluding roosters).

"These sections are meant to undo the holding of Task Street," Shaw said, explaining the changes were designed to prevent unexpected municipal bylaws from regulating ordinary farm practices. He added that the bill ties the limits on municipal regulation to whether an operation meets the statutory minimum thresholds and the required agricultural practices rule.

The draft would also change several thresholds and…