Bill > H0407

This bill amends Vermont's right-to-farm law to provide broader protections for agricultural activities against nuisance and trespass lawsuits. The bill defines "generally accepted agricultural practices" as including specific state regulatory requirements and practices consistent with local agricultural standards. Under the new law, an agricultural activity cannot be considered a nuisance or trespass if it follows these practices, with the burden of proof placed on the plaintiff to demonstrate otherwise. The bill provides additional protections by allowing farms to maintain their legal status through ownership changes, temporary cessation of operations (up to ten years), crop changes, and farming method modifications. Importantly, the bill now requires potential plaintiffs to attempt mediation with the agricultural operator before filing a lawsuit, aiming to resolve disputes collaboratively. The nuisance and trespass protections do not apply if the agricultural activity is conducted negligently or violates water quality requirements. The legislation is designed to support agricultural operations by reducing legal barriers and encouraging communication between farmers and neighboring property owners, ultimately preserving agricultural lands and supporting the state's agricultural economy.

Justice

https://legislature.vermont.gov/bill/status/2026/H.407