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Legislative counsel outlines House, Senate approaches to limit municipal regulation of farming after Taft Street
Summary
Legislative counsel Brandon Jones told the Agriculture committee the Senate and House versions of the miscellaneous agriculture bill take different approaches to restore pre–Taft Street limits on municipal regulation: the Senate favors a broad statutory fix while the House adds targeted exceptions for very small parcels and a stakeholder study.
Legislative Counsel Brandon Jones presented a side-by-side comparison of competing House and Senate drafts of a miscellaneous agriculture bill before the Agriculture committee on April 15, explaining each draft’s approach to the Vermont Supreme Court’s Taft Street decision.
Jones said the Taft Street decision had led to uncertainty by permitting municipalities to regulate some farming activities even when the activities are subject to the required agricultural practices (RAPS) rule. Both the House and Senate bills aim to restore the pre–Taft Street status quo, Jones said, but they take different tactics.
The Senate version explicitly references the Supreme Court case and would amend the cited statutory section (referred…
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