S 45

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2025
No. 61. An act relating to protection from nuisance suits for agricultural
activities.
  (S.45)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 12 V.S.A. chapter 195 is amended to read:
     CHAPTER 195. NUISANCE SUITS AGAINST AGRICULTURAL
  ACTIVITIES
§ 5751. LEGISLATIVE FINDINGS AND PURPOSE
   The General Assembly finds that agricultural production is a major
contributor to the State’s economy; that agricultural lands constitute unique
and irreplaceable resources of statewide importance; that the continuation of
existing and the initiation of new agricultural activities preserve the landscape
and environmental resources of the State, contribute to the increase of tourism,
and further the economic welfare and self-sufficiency of the people of the
State; and that the encouragement, development, improvement, and
preservation of agriculture will result in a general benefit to the health and
welfare of the people of the State. In order for the agricultural industry to
survive in this State, farms will likely change, adopt new technologies, and
diversify into new products, which for some farms will mean increasing in
size. The General Assembly finds that agricultural activities are potentially
subject to lawsuits based on the theory of nuisance, and that these suits
encourage and could force the premature removal of the farmlands and other
farm resources from agricultural use. It is the purpose of this chapter to protect
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reasonable agricultural activities conducted on the farm from nuisance
lawsuits.
§ 5752. DEFINITIONS
   For the purpose of As used in this chapter,:
      (1) “agricultural Agricultural activity” means, but is not limited to:
      (1)(A) the cultivation or other use of land for producing food, fiber,
Christmas trees, maple sap, or horticultural and orchard crops; the raising,
feeding, or management of domestic animals as defined in 6 V.S.A. § 1151 or
bees; the operation of greenhouses; the production of maple syrup; the on-site
storage, preparation, and sale of agricultural products principally produced on
the farm; and the on-site production of fuel or power from agricultural
products or wastes principally produced on the farm;
      (2)(B) the preparation, tilling, fertilization, planting, protection,
irrigation, and harvesting of crops; the composting of material principally
produced by the farm or to be used at least in part on the farm; the ditching and
subsurface drainage of farm fields and the construction of farm ponds; the
handling of livestock wastes and by-products; and the on-site storage and
application of agricultural inputs, including lime, fertilizer, and pesticides;
      (3)(C) “farming” as defined in 10 V.S.A. § 6001; and
      (4)(D) “agricultural activities” as defined in 6 V.S.A. § 4802.
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      (2) “Generally accepted agricultural practices” mean:
  (A) the requirements of 6 V.S.A. chapter 215, including permit
requirements or requirements of the Required Agricultural Practices, where
applicable;
  (B) the requirements of an active Concentrated Animal Feeding
Operation permit issued under 10 V.S.A. chapter 47, where applicable;
  (C) the requirements of the Agency of Agriculture, Food and
Markets’ Vermont Rule for Control of Pesticides; and
  (D) practices conducted in a manner consistent with proper and
accepted customs and standards followed by similar operators of agricultural
activities in the State.
      (3) “Good standing with the State” means a person conducting an
agricultural activity that is the basis of a nuisance claim does not have an
active, unresolved enforcement violation stemming from the agricultural
activity at issue that has reached a final order with the Secretary of Natural
Resources or the Secretary of Agriculture, Food and Markets.
§ 5753. AGRICULTURAL ACTIVITIES; PROTECTION FROM
  NUISANCE LAWSUITS
   (a)(1) Agricultural activities shall be entitled to a rebuttable presumption
that the activity does not constitute a nuisance if the agricultural activity meets
all of the following conditions:
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  (A) it is conducted in conformity with federal, State, and local laws
and regulations (including required agricultural practices);
  (B) it is consistent with good agricultural practices;
  (C) it is established prior to surrounding nonagricultural activities;
and
  (D) it has not significantly changed since the commencement of the
prior surrounding nonagricultural activity.
      (2) The presumption that the agricultural activity does not constitute a
nuisance may be rebutted by a showing that the activity has a substantial
adverse effect on health, safety, or welfare, or has a noxious and significant
interference with the use and enjoyment of the neighboring property No
agricultural activity shall be or become a nuisance when the activity is
conducted in accordance with generally accepted agricultural practices.
   (b)(1) Nothing in this section shall be construed to limit the authority of
State or local boards of health to abate nuisances affecting the public health. 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.
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      (2) A plaintiff alleging that an agricultural activity is a nuisance shall
have the burden of proving by a preponderance of the evidence that:
  (A) the agricultural activity at issue is not entitled to the nuisance
protection provided for under subsection (a) of this section because the
agricultural activity is not conducted in accordance with generally accepted
agricultural practice; and
  (B) if the plaintiff proves the agricultural activity is not entitled to
nuisance protection under subsection (a) of this section, the required elements
of their nuisance claim.
   (c) The nuisance protection for an agricultural activity provided for under
subsection (a) of this section shall not apply if the plaintiff demonstrates one or
more of the following:
      (1) A nuisance violation results from the negligent operation of an
agricultural activity.
      (2) The agricultural activity has a substantial adverse effect on health,
safety, or welfare based upon objective, documented medical or scientific
evidence that the agricultural activity was the proximate cause of the alleged
effect.
      (3) A reasonable person would find that the agricultural activity was a
proximate cause of a noxious and significant interference with the use and
enjoyment of the neighboring property.
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   (d) This chapter shall not restrict or impede the authority of the State to
protect the public health, safety, environment, or welfare.
§ 5754. LIBERAL CONSTRUCTION; SEVERABILITY
   (a) This chapter is remedial in nature and shall be liberally construed to
effectuate its purposes.
   (b) If any provision of this chapter is held invalid, the invalidity does not
affect other provisions of this chapter that can be given effect without the
invalid provision, and for this purpose, the provisions of this chapter are
severable.
§ 5754a. REQUIRED MEDIATION PRIOR TO SUIT
   (a) A person shall not bring a court action based on a claim of nuisance
arising from an agricultural activity unless the person and the operator of the
agricultural activity, at least once, attempt to resolve through mediation the
issue or dispute that the person has concerning operation of the agricultural
activity. The mediation shall be conducted according to the provisions of the
Uniform Mediation Act set forth in chapter 194 of this title.
   (b) The parties to the mediation may agree upon the use of a mediator to
assist in the resolution of the agreed-upon issue or dispute, and the parties shall
share the cost of the mediator equally or according to an agreement between
the parties. If the parties to the mediation are unable to resolve the relevant
issue or dispute through mediation, the parties may agree to submit the issue or
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dispute to binding arbitration pursuant to chapter 192 of this title and shall
share the cost of the arbitration.
   (c) A person bringing a court action based on a claim of nuisance arising
from an agricultural activity shall provide the court with a sworn statement of
an attempt to resolve the issue or dispute through mediation.
Sec. 2. EFFECTIVE DATE
   This act shall take effect on July 1, 2025.
Date Governor signed bill: June 12, 2025
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