Vermont agriculture official outlines steps for towns after law limits stormwater utility fees for farms

Nina Gage, Assistant Director for Water Quality at the Vermont Agency of Agriculture, Farms and Markets, told the Chittenden County MS4 Subcommittee on Oct. 3 that the agency is available to help municipalities implement the recent change in state law (SB 115, also described as Act 43) that affects whether farms can be billed by municipal stormwater utilities.

Gage described VAAFM’s Agricultural Non‑Point Source Pollution Control program, saying the agency conducts regular inspections and provides education and technical assistance. She said VAAFM generally has "10–12 farm inspectors" and works with partners such as natural resources conservation districts to support farms, especially smaller operations.

Gage reviewed how farms are classified for regulatory and inspection purposes. She said a Small Farming Operation (SFO) can be defined by any of these thresholds: farming 4.0 acres or more of land; having sales of farm products of at least $2,000 per year; or having filed a Form 1040(F) tax form once in the last two years. Most of the state's 6,000–7,000 farms fall into the SFO category. Larger operations (Certified Small Farm Operations, Medium Farm Operations and Large Farm Operations) face more frequent inspections and, where applicable, must complete Nutrient Management Plans.

On implementing SB 115 / Act 43 for stormwater utilities, Gage recommended three steps for MS4 municipalities: request a list of known farm operations from VAAFM; confirm how structures, roads or buildings on mixed‑use parcels are actually used; and reach out to VAAFM when a municipality needs help interpreting whether a parcel or operation should be treated as agricultural for billing purposes. She noted a distinction between a facility address and an operation address and urged coordination with VAAFM on mixed‑use or leased lands.

When asked how to report observed runoff from a farm field entering Lake Champlain, Gage pointed committee members to VAAFM’s environmental complaint form and gave a phone contact for complaints; she said the agency will dispatch staff within 24 hours when a complaint is filed.

Municipal officials attending the meeting described how they had billed farm properties before the law changed. James Sherrard said Williston and Burlington treated certain farm parcels as commercial or industrial properties and assessed fees based on impervious cover. South Burlington had used a single Equivalent Residential Unit per farm as a concession. Committee members also shared early estimates of local revenue impacts: Dave Allerton said the Town of St. Albans expects about an $80,000 annual loss; Christine Dougherty estimated roughly $10,000 for Williston.

Gage offered continued VAAFM support to MS4s navigating exemptions and compliance certificates; she provided contact information for follow‑up (including the agency complaint form and a staff contact listed in the meeting materials). The subcommittee will continue discussion and coordination at future meetings as towns refine local billing approaches.

Votes at a glance: the committee adopted the meeting agenda by motion (mover: Christine Dougherty; seconder: Ryan Lambert) and later approved the Aug. 1, 2023 minutes (mover: Karen Adams; seconder: Dave Wheeler); both motions passed unanimously.

The subcommittee will revisit the FY24 budget and discuss FY25 dues planning at its Nov. 7 meeting.