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Vermont Statewide Rule

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

Some RestrictionsApplies statewide across Vermont (2026)

Key Facts

Statute
12 V.S.A. secs. 5751-5753
Protection
Rebuttable nuisance presumption
Condition
Accepted agricultural practices
Proof
State good-standing letters
Enforcer
Agency of Agriculture (RAPs)
Last verified: August 20, 2026Source: Vermont General Assembly

Summary

Vermont's Right to Farm Act under 12 V.S.A. 5753 protects established agricultural operations from nuisance lawsuits when complying with Required Agricultural Practices.

(a) No agricultural activity shall be or become a nuisance when the activity is conducted in accordance with generally accepted agricultural practices. (b)(1) In order to assert nuisance protection under this chapter, a person conducting an agricultural activity shall demonstrate that the person is in good standing with the State. A person may demonstrate good standing by providing letters of good standing to a court from the Secretary of Agriculture, Food and Markets; the Secretary of Natural Resources; or both secretaries, as relevant to the nuisance claim.

Source: Vermont General AssemblyView official code

Full Breakdown

Vermont's Right to Farm law, codified at 12 V.S.A. sections 5751-5753 (chapter 195), gives agricultural activities a rebuttable presumption that they are not a nuisance when conducted in accordance with generally accepted agricultural practices. To claim the protection, the farm must show it is in good standing with the State, demonstrated by letters of good standing from the Secretary of Agriculture, Food and Markets and/or the Secretary of Natural Resources. The defense shields farms from neighbor suits over noise, odor, and dust, but not from negligent operation or activities causing a substantial adverse effect on health, safety, or welfare.

Violations & Penalties

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

Frequently Asked Questions

What does Vermont's Right to Farm Act protect?
It gives farms following generally accepted agricultural practices and in good standing with the State a rebuttable presumption against nuisance suits over odor, noise, and dust.
Can neighbors still sue a Vermont farm?
Yes, but they must overcome the rebuttable presumption with clear and convincing evidence of substantial harm or a failure to follow accepted practices.

Sources

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