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House amends H.941 to limit municipal rules on small residential lots; orders third reading
Summary
On second reading, the House approved a strike‑all amendment to H.941 clarifying municipal limits on regulating farms after a recent court ruling; the change replaces a 'tier' construct with a parcel‑size test for limited local regulation and orders third reading.
Representative Durfee of Shaftesbury, speaking for the House Agriculture, Food Resiliency, and Forestry Committee, presented a strike‑all amendment to H.941 on the House floor and explained it aims to restore municipal exemptions while allowing limited local rules in narrowly defined circumstances.
"H 9 41 is a committee bill that offers a compromised solution to a problem brought on by an unexpected judicial ruling last spring," Durfee said, describing the amendment as replacing a tiered approach with parcel‑size criteria and carving out limited exceptions for traffic, parking, signage, fencing and setbacks in densely populated residential areas.
The committee bill, Durfee said, would reaffirm long‑standing legislative intent that municipalities generally may not regulate farming while creating narrowly defined exceptions and a stakeholder group to study remaining conflicts; he said existing farms and conserved land would be grandfathered. He noted the amendment sets residential‑sized lots under three‑quarters of an acre as the threshold for potential municipal regulation and establishes a stakeholder group to report back by December.
Durfee told members the amendment reflects extensive input: "The committee heard from a long list of witnesses," including agency officials, university extension staff, conservation and farmland organizations, and about 10 Vermont farmers representing diverse operations. He also reported the committee's straw poll on the amendment was 7‑0‑1 in support.
After floor discussion, the House adopted the amendment by voice vote; the presiding officer announced, "the ayes do have it, and you have amended the bill," and ordered third reading. The amendment’s effective date in the strike‑all text was reported as July 1.
What changed: the amendment removes the bill’s earlier reference to a Tier 1A construct and instead uses parcel size as the limiting factor for when a municipality may apply limited regulations. Section language also reserves to the State, rather than municipalities, the authority to regulate growing fruits, vegetables and flowers, and explicitly prevents towns from using bylaws to prohibit everyday residents from raising poultry for personal use (with a rooster exception noted).
The House did not record a roll‑call vote on the amendment in the transcript; the outcome was announced by voice. Next step: third reading was ordered on the floor; further legislative action will determine final passage and any further amendments.
