Vermont S 118: An act relating to the time frame for the adoption of administrative rules

Bill Text

BILL AS INTRODUCED S.118
2025 Page 1 of 21

VT LEG #381461 v.1
S.118 1
Introduced by Senator Ram Hinsdale 2
Referred to Committee on 3
Date: 4
Subject: Agriculture; economic development; stormwater permitting; land use; 5
property transfer tax; income tax 6
Statement of purpose of bill as introduced: This bill proposes to enact multiple 7
provisions related to economic development on farms. The bill would amend 8
the requirements for the seasonal application of manure to provide an 9
exemption from the ban when liquid manure is applied through direct soil 10
injection. The bill also would exempt farms in compliance with the required 11
agricultural practices from the three-acre stormwater permit. In addition, the 12
bill would amend the right-to-farm law to provide farms with additional 13
protection from nuisance or trespass claims. The bill also clarifies that farm 14
structures, including fences, are exempt from regulation under municipal 15
bylaws or ordinances. In addition, the bill provides that farm employee 16
housing is exempt from regulation under municipal bylaw or ordinance. The 17
bill would amend the eligibility criteria for accessory on-farm businesses and 18
for eligibility of agricultural land under the Use Value Appraisal Program. The 19
bill also would exempt certain transfers of property that is part of a farming 20
operation from the property transfer tax. In addition, the bill would exempt 21

BILL AS INTRODUCED S.118
2025 Page 2 of 21

VT LEG #381461 v.1
from the Vermont income tax certain net income from farming and net income 1
from the sale of certain farm property. 2
An act relating to agricultural economic development 3
It is hereby enacted by the General Assembly of the State of Vermont: 4
* * * Short Title * * * 5
Sec. 1. SHORT TITLE 6
This act may be cited as “The Food Security Act.” 7
* * * Seasonal Application of Manure * * * 8
Sec. 2. 6 V.S.A. § 4816 is amended to read: 9
§ 4816. SEASONAL APPLICATION OF MANURE 10
(a) Prohibition on application. A person shall not apply manure to land in 11
the State between December 15 and April 1 of any calendar year unless 12
authorized by this section. 13
(b) Extension of prohibition. The Secretary of Agriculture, Food and 14
Markets shall amend the Required Agricultural Practices by rule in order to 15
establish a process under which the Secretary may prohibit the application of 16
manure to land in the State between December 1 and December 15 and 17
between April 1 and April 30 of any calendar year when the Secretary 18
determines that due to weather conditions, soil conditions, or other limitations, 19

BILL AS INTRODUCED S.118
2025 Page 3 of 21

VT LEG #381461 v.1
application of manure to land would pose a significant potential of discharge or 1
runoff to State waters. 2
(c) Seasonal exemption. The Secretary of Agriculture, Food and Markets 3
shall amend the Required Agricultural Practices by rule in order to establish a 4
process under which the Secretary may authorize an exemption to the 5
prohibition on the application of manure to land in the State between 6
December 15 and April 1 of any calendar year or during any period established 7
under subsection (b) of this section when manure is prohibited from 8
application. Any process established for the issuance of an exemption under 9
the Required Agricultural Practices may authorize land application of manure 10
on a weekly, monthly, or seasonal basis or in authorized regions, areas, or 11
fields in the State, provided that any exemption shall: 12
(1) prohibit application of manure: 13
(A) in areas with established channels of concentrated stormwater 14
runoff to surface waters, including ditches and ravines; 15
(B) in nonharvested permanent vegetative buffers; 16
(C) in a nonfarmed wetland, as that term is defined in 10 V.S.A. 17
§ 902(5); 18
(D) within 50 feet of a potable water supply, as that term is defined in 19
10 V.S.A. § 1972(6); 20
(E) to fields exceeding tolerable soil loss; and 21

BILL AS INTRODUCED S.118
2025 Page 4 of 21

VT LEG #381461 v.1
(F) to saturated soils; 1
(2) establish requirements for the application of manure when frozen or 2
snow-covered soils prevent effective incorporation at the time of application; 3
(3) require manure to be applied according to a nutrient management 4
plan; and 5
(4) establish the maximum tons of manure that may be applied per acre 6
during any one application. 7
(d) Exemption for liquid manure injection. The prohibition on the 8
application of manure to land in the State under this section shall not apply to 9
the land application of liquid manure directly injected to soils, provided 10
manure is not applied: 11
(1) in areas with established channels of concentrated stormwater runoff 12
to surface waters, including ditches and ravines; 13
(2) in nonharvested permanent vegetative buffers; 14
(3) in a nonfarmed wetland, as that term is defined in 10 V.S.A. 15
§ 902(5); 16
(4) within 50 feet of a potable water supply, as that term is