Vermont Right to Farm Act Under 12 V.S.A. 5753

Vermont's Right to Farm law, codified at 12 V.S.A. 5751 to 5754, provides agricultural operations with a rebuttable presumption that they do not constitute a nuisance when they have been operating for more than one year, comply with Required Agricultural Practices (RAPs), and were established before changing surrounding land uses. Section 5753 specifically establishes the nuisance defense and protects farms from lawsuits brought by neighbors over noise, odor, dust, and similar agricultural impacts. The law does not protect operations causing actual damage or operating negligently. Plaintiffs may overcome the presumption by clear and convincing evidence of substantial harm.

Farms losing right-to-farm protection through RAP non-compliance face nuisance liability and Agency of Agriculture enforcement actions including fines.