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Lawmakers debate on‑farm 'events' exemption in S.325: noise caps, acreage and timing proposed
Summary
Committee of conference participants debated adding an events exemption for accessory on‑farm businesses (language drawn from H.128), voicing concerns it could be used to avoid Act 250 review; members discussed guardrails including a 70 dB cap, limits under one acre (with parking exclusions), five or fewer dwelling units, and delaying the exemption until July 1, 2027 or using a sunset.
Members of the S.325 committee of conference spent an extended portion of their meeting examining language that would exempt certain on‑farm events from Act 250 review if only limited construction or alteration occurs.
The accessory on‑farm business language — largely derived from H.128, according to participants — would exempt construction of improvements for farm stands, some value‑added processing (with a 50% on‑farm sales test) and, with the recent floor amendment, construction tied to events such as farm stays and concerts. Committee members said they support helping farms and small on‑farm businesses, but several warned that a loosely defined events exemption could be used to create commercial venues that escape Act 250 scrutiny.
Legislative council staff (Ellen Chowsky) explained the Act 250 jurisdictional triggers: jurisdiction typically attaches when construction occurs on parcels that meet size thresholds tied to municipal zoning status (for example, one acre in certain towns, 10 acres in others) or when development is commercial in nature. She noted that site plan review at the municipal level handles traffic, signage and screening but does not typically cover noise, leaving potential enforcement gaps if Act 250 review is removed.
To address those concerns, members discussed several guardrails. Options raised included: excluding parking from the one‑acre calculation; capping noise at about 70 dB at property boundaries (described in the draft as roughly "the hum of a washing machine"); limiting farm‑stay/event dwelling units to five or fewer; and either setting a sunset (language expires after a date) or delaying the exemption’s effective date (a July 1, 2027 start date was suggested) so municipalities and regional planning commissions can prepare.
No final policy decision was made at the meeting. Members directed legislative council to draft language reflecting committee directions and left the choice of sunset versus delayed effective date unresolved for future meetings.
