Vermont H 941: An act relating to municipal regulation of agriculture

Bill Text

No. 166 Page 1 of 10
2026

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No. 166. An act relating to municipal regulation of agriculture.
(H.941)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. FINDINGS AND INTENT; MUNICIPAL REGULATION OF
AGRICULTURE
(a) For purposes of Sec. 2 of this act, the General Assembly finds that:
(1) Since at least the enactment of 2004 Acts and Resolves No. 115, it
has been both the intent of the General Assembly and the controlling law that a
municipality shall not regulate farming, including the construction of farm
structures.
(2) The Vermont Supreme Court’s decision in In re 8 Taft Street DRB &
NOV Appeals, 2025 VT 27, reversed application of at least the past 20 years of
law to hold that municipalities may regulate farming by municipal bylaw.
(3) To avoid the unintended consequences of the decision in In re 8 Taft
Street DRB & NOV Appeals, 2025 VT 27, it is necessary for the General
Assembly to clarify and restate that municipalities under ordinance or bylaw
shall not regulate farming or the construction of farm structures as set forth in
24 V.S.A. § 4413(d).
(4) In addition, municipalities shall not regulate by bylaw the growing
of plants; shall have no bylaw that has the effect of prohibiting the raising,
feeding, and management of a poultry flock; and may reasonably regulate by
bylaw swine waste in designated downtowns or village centers.

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(5) Farming livestock requires an adequate land base, and raising
livestock on small parcels in densely populated areas may create unique
concerns. As a result, municipalities may regulate livestock on farms that do
not have at least 1.0 contiguous acre of land. Other farming activities subject
to regulation by the Required Agricultural Practices Rule on farms with less
than 1.0 contiguous acre remain exempt from municipal zoning.
(b) For purposes of Sec. 2 of this act, it is the intent of the General
Assembly to overturn the holding in In re 8 Taft Street DRB & NOV Appeals,
2025 VT 27, and to clarify that municipalities lack authority to regulate
farming or the construction of farm structures as set forth in 24 V.S.A.
§ 4413(d).
Sec. 2. 24 V.S.A. § 4413(d) is amended to read:
(d)(1) A bylaw under this chapter shall not regulate:
(A) required agricultural practices, including the construction of farm
structures, as those practices are defined by the Secretary of Agriculture, Food
and Markets; Farming that meets the minimum threshold criteria in the
Required Agricultural Practices Rule (RAPs Rule) and is therefore required to
comply with the RAPs Rule, except:
(i) that the raising, feeding, or managing of livestock on a farm
with less than 1.0 contiguous acre is subject to applicable municipal zoning
bylaws, including when a person is engaged in other farming activities that are
subject to the RAPs Rule;

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(ii) that the raising, feeding, or managing of livestock on a farm
with at least 1.0 contiguous acre and less than 4.0 contiguous acres shall have a
sufficient land base for appropriate nutrient and waste management as
determined by the Secretary of Agriculture, Food and Markets to be exempt
from regulation by municipal zoning bylaws; and
(iii) for swine waste in downtowns or village centers as follows:
(I) Municipalities shall not prohibit swine or swine waste, or
regulate swine waste–related farm structures on a farm subject to the RAPs
Rule.
(II) Municipalities may set a performance standard related to
swine waste pursuant to section 4414 of this title to reasonably regulate swine
waste in downtowns or village centers if the waste is causing a significant
adverse impact to the community, and the municipality has determined that the
Secretary of Agriculture, Food and Markets is unable to provide redress
through application of the RAPs Rule. A performance standard shall not have
the effect of prohibiting swine or swine waste in a municipality.
(III) Municipalities shall provide at least 30 days’ notice with
opportunity to cure to the Secretary and the farm prior to enforcing a
performance standard related to swine waste.
(IV) Notwithstanding any other provisions of law to the
contrary, for purposes of this section, swine waste includes animal manure and
absorbent bedding of the animal.

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(B) The cultivation or other use of land for growing plants, including
for food, fiber, Christmas trees, maple sap, or horticultural, viticultural, and
orchard crops. Cannabis and hemp are excluded from this exception.
(C) The construction of farm structures, including as defined in the
RAPs Rule.
(B)(D) accepted Accepted silvicultural practices, as defined by the
Commissioner of Forests, Parks and Recreation, including practices that are in
compliance with the Acceptable Management Practices for Maintaining Water
Quality on Logging Jobs in Vermont, as adopted by the Commissioner of
Forests, Parks and Recreation; or