H 941

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2026
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.
          (C)(E) forestry Forestry operations.
      (2) As used in this section:
          (A) “Downtown” means an area designated pursuant to chapter 76A
or chapter 139 of this title.
          (B) “Farm structure” means a building, enclosure, or fence for
housing livestock, raising horticultural or agronomic plants, or carrying out
other practices associated with accepted agricultural or farming practices,
including a silo, as “farming” is defined in 10 V.S.A. § 6001(22), but excludes
a dwelling for human habitation.
          (C) “Farming” has the same meaning as in 10 V.S.A. § 6001(22) or
the Required Agricultural Practices Rule.
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          (B)(D) “Forestry operations” has the same meaning as in 10 V.S.A.
§ 2602.
          (E) “Village center” means an area designated pursuant to chapter
76A or chapter 139 of this title.
                                      ***
Sec. 3. 24 V.S.A. § 4412 is amended to read:
§ 4412. REQUIRED PROVISIONS AND PROHIBITED EFFECTS
   Notwithstanding any existing bylaw, the following land development
provisions shall apply in every municipality:
                                      ***
      (15) No bylaw shall have the effect of prohibiting or assessing a fee for
the raising, feeding, or management of a poultry flock, excluding roosters and
ratites, for personal use, donation, or sale. At minimum, no bylaw shall have
the effect of prohibiting the keeping of fewer than 12 chickens or a number
determined by a municipality, whichever number is higher. Municipalities
may consider parcel size to establish other limitations on the number of poultry
birds. A bylaw may establish a numerical limit of any poultry to be fewer than
the minimum number as enumerated in Section 3 of the Required Agricultural
Practices Rule, regardless of parcel size. As used in this section, “poultry” has
the same meaning as in 6 V.S.A. § 1459(4).
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Sec. 4. Section 3 of the Agency of Agriculture, Food and Markets, Vermont
Required Agricultural Practices Rule for the Agricultural Nonpoint Source
Pollution Control Program is amended to read:
   Section 3. Required Agricultural Practices Activities and Applicability
3.1
   (a) Persons engaged in farming and the agricultural practices as defined in
Section 3.2 of this rule and who meet the minimum threshold criteria for
applicability of this rule as found in Section 3.1(a)–(g)(c)(1)–(8) must meet all
applicable Required Agricultural Practices conditions, restrictions, and
operating standards.
   (b) Persons engaged in farming and agricultural practices subject to this
rule are not subject to municipal zoning bylaws except that the raising, feeding,
or managing livestock on a farm with:
      (1) at least 1.0 acre and less than 4.0 contiguous acres shall meet the
requirements of subdivision (c)(5) of this section to be exempt from regulation
by municipal zoning bylaws; or
      (2) less than 1.0 contiguous acre is subject to applicable municipal
zoning bylaws even when a person is engaged in other farming activities that
are subject to this rule.
   (c) Persons engaged in farming who are in compliance with these
conditions, restrictions, and operating standards, as applicable, shall be
presumed to not have a discharge of agricultural wastes to waters of the State.
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Compliance Unless otherwise stated, compliance with the Required
Agricultural Practices Rule is required if a person meets one of the following
requirements:
   (a)(1) is Is required to be permitted or certified by the Secretary, consistent
with the requirements of 6 V.S.A. Chapter 215 and this rule; or.
   (b)(2) has Has produced an annual gross income from the sale of
agricultural products of $2,000.00 or more in an average year; or.
   (c)(3) is Is preparing, tilling, fertilizing, planting, protecting, irrigating, and
harvesting crops for sale or for charitable contributions of farm crops that are
allowable under 26 U.S.C. § 170(c) and that are made to an organization that is
unrelated to the owner of the land on a farm that is no less than 4.0 contiguous
acres in size; or.
   (d)(4) is Is raising, feeding, or managing at least the following number of
adult livestock on a farm that is no less than 4.0 contiguous acres in size:
      (1)(A) four equines;
      (2)(B) five cattle, cows, or American bison;
      (3)(C) 15 swine;
      (4)(D) 15 goats;
      (5)(E) 15 sheep;
      (6)(F) 15 cervids;
      (7)(G) 50 turkeys;
      (8)(H) 50 geese;
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      (9)(I) 100 laying hens;
      (10)(J) 250 broilers, pheasant, Chukar partridge, or Coturnix quail;
      (11)(K) three camelids;
      (12)(L) four ratites;
      (13)(M) 30 rabbits;
      (14)(N) 100 ducks;
      (15)(O) 1,000 pounds of cultured trout; or
      (16)(P) other livestock types, combinations, or numbers as designated
by the Secretary based upon or resulting from the impacts upon water quality
consistent with this rule; or.
   (e)(5) is Is raising, feeding, or managing other livestock types,
combinations, and numbers, or managing crops or engaging in other
agricultural practices on a farm that is at least 1.0 contiguous acre and less than
4.0 contiguous acres in size that the Secretary has determined, after the
opportunity for a hearing, to be causing adverse water quality impacts and in a
municipality where no ordinances are in place to manage the activities causing
the water quality impacts; or and has sufficient land base for appropriate
nutrient and waste management. The Secretary has the discretion to determine,
after consultation with the appropriate municipal authority, if the land base is
adequate to properly manage the number and type of livestock while
evaluating whether compliance with the Required Agricultural Practices is
reasonable or impractical.
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   (f)(6) Is raising, feeding, or managing livestock on less than 1.0 contiguous
acre or on between 1.0 and 4.0 contiguous acres in a municipality that lacks
ordinances or bylaws to regulate livestock, and the Secretary determines, after
an opportunity for a hearing, that the livestock are causing significant adverse
water quality impacts and the Required Agricultural Practices should apply to
protect water quality.
      (7) is Is managed by a farmer filing with the Internal Revenue Service a
1040(F) income tax statement in at least one of the past two years; or.
   (g)(8) has Has a prospective business or farm management plan, approved
by the Secretary, describing how the farm will meet the threshold requirements
of this section.
3.2 The agricultural practices on farms meeting that meet the minimum
threshold criteria set forth in Section 3.1 that are governed by this rule and are
not subject to municipal zoning bylaws include:
   (a) the confinement, feeding, fencing, and watering of livestock;
   (b) the storage and handling of agricultural wastes principally produced on
the farm;
   (c) the collection of maple sap principally produced from trees on the farm
and/or production of maple syrup from sap principally produced on the farm;
   (d) the preparation, tilling, fertilization, planting, protection, irrigation, and
harvesting of crops;
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   (e) the ditching and subsurface drainage of farm fields and the construction
of farm ponds;
   (f) the stabilization of farm fields adjacent to banks of surface water, and
the establishment and maintenance of vegetated buffer zones and riparian
buffer zones;
   (g) the construction and maintenance of farm structures, farm roads, and
associated infrastructure;
   (h) the on-site storage, preparation, production, and sale of fuel or power
from agricultural products or wastes principally produced on the farm;
   (i) the on-site storage, preparation, and sale of agricultural products
principally produced on the farm from raw agricultural commodities
principally produced on the farm;
   (j) the on-site storage of agricultural inputs for use on the farm including,
but not limited to, lime, fertilizer, pesticides, compost and other soil
amendments, and the equipment necessary for operation of the farm; and
   (k) the management of livestock mortalities produced on the farm.
Sec. 5. EFFECTIVE DATE
   This act shall take effect on July 1, 2026.
Date Governor signed bill: June 18, 2026
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