House concurs on bill clarifying municipal authority over farming, protects small-scale gardening and poultry

The Vermont House on May 14 concurred in amended House Bill 941, a committee bill intended to clarify municipal authority over agricultural activities after a recent state Supreme Court decision. The chamber voted in favor of a concurrence motion by voice vote.

Members described H941 as a compromise developed with farmers, municipalities and the Agency of Agriculture to maintain a largely uniform regulatory approach while allowing targeted municipal controls in limited circumstances. The bill restores the understanding that farms subject to the required agricultural practices (WRAPS) rule are generally not subject to municipal regulation, with specific exceptions: municipalities may regulate livestock on farms smaller than one contiguous acre; farms of one to four contiguous acres may be regulated for livestock only when the Secretary of Agriculture determines the land base is insufficient for appropriate nutrient and waste management; and towns may regulate swine waste in designated downtowns and village centers regardless of parcel size.

The bill also adds a "food sovereignty" clause protecting the right of individuals to grow vegetables and raise poultry for personal use or donation (excluding cannabis and hemp, which are regulated elsewhere), creates a stakeholder group to study municipal regulation and report back to the legislature in January, and sets an effective date (July 1). Committees reported favorable straw polls; the House concurred in the Senate's proposal of amendment with further House proposals.

What happens next: With concurrence recorded, H941 will proceed through remaining steps in the legislative process. The bill includes rulemaking and reporting steps and several enumerated exceptions designed to balance municipal concerns with statewide agricultural standards.