Vermont Supreme Court Decision Could Change Local Farm Regulations
ESSEX JUNCTION, Vt. — Vermont’s long-standing limitation on municipal authority over farms faces a potential overhaul following a recent ruling by the Vermont Supreme Court. The court’s decision opens the door for towns and cities to impose zoning regulations on farming activities, impacting local farmers like Jason Struthers.
Struthers, who turned to farming after a skydiving accident, raises ducks in his Essex Junction backyard and sells their eggs. He also utilizes their manure for a small cannabis operation, which has sparked complaints from neighbors about noise and odors in a residential zone. Previously, local efforts to shut down Struthers’ farming practices were met with resistance from the state’s agriculture agency, which argued his operation is classified as a farm due to annual sales exceeding $2,000.
The Supreme Court’s reversal of a lower court ruling has increased the potential for municipalities to regulate farming, which could introduce new requirements or even restrict agriculture in certain areas—a significant shift for a state known for its farming ethos. Agriculture officials are urging state lawmakers to act swiftly to clarify that farming is exempt from local zoning laws to prevent confusion and additional costs for farmers already struggling against external pressures.
Steve Collier, general counsel for the agency of agriculture, expressed concerns about the implications of inconsistent municipal regulations, noting that Vermont farmers are already vulnerable to fluctuating commodity prices and labor shortages.
Essex Junction City Manager Regina Mahony acknowledged the court’s mixed implications regarding local regulations, stating the city would evaluate next steps in light of the ruling, particularly in relation to Struthers’ operations. As the legislative session nears its end, the future of local farming regulations hangs in the balance, with potential consequences for farmers throughout the state.
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