Vermont Statewide Rule
Vermont Right to Farm Act Under 12 V.S.A. 5753
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)
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.
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?
Can neighbors still sue a Vermont farm?
Sources
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