By Sonia Howlett, VT Agency of Agriculture, Food & Markets
Thinking about a construction project on your farm next summer? Our experienced staff at the Agency of Agriculture, Food and Markets have seen many farmer construction projects over the years and recommend that you start planning a year prior to construction. In addition to COVID-related delays and hurdles relating to construction, including scarcity of materials and overbooked contractors, it takes time to navigate town, state, and federal regulations on construction activities.
The Required Agricultural Practices (RAPs) from the Agency of Agriculture, Food and Markets may apply to some construction projects. In addition, the Agency of Natural Resources, the Agency of Transportation, the Vermont Land Trust, and Act 250 may play a role in the planning and permitting of certain projects. Anytime water use is changing, wastewater may need to be considered. Proximity to wells, groundwater, rivers, streams, wetlands, floodplains, and floodways all need to be taken into consideration as well. Easements and right of ways for utilities, roadways, and railways have requirements that need to be met. Remember that farms are not exempt from construction storm water permits, and farmers may need to plan how to manage heavy use area storm water runoff.
All these regulations were built to carefully balance our environment, economy, and communities – but can be overwhelming. Thankfully, there are resources to help navigate the process.
Agency of Agriculture engineers can help you with engineering assistance on water-quality-related projects and provide guidance on which state permits the project may trigger. Find an engineer at agriculture.vermont.gov/water-quality/water-quality-program-staff. The Department of Environmental Conservation also have Permit Specialists listed on their website who can assist farmers navigate environmental regulations. To find a Permit Specialist, visit http://dec.vermont.gov/environmental-assistance/permits/specialists
Please note that in addition to state regulations, your town may have various requirements for construction. When constructing a farm structure, you may be exempt from some of these regulations because construction of farm structures is regulated by the Agency of Agriculture. HOWEVER, you still always must notify of the town zoning administrator or town clerk of the proposed project. You must also ensure that the farm structure meets state and local setbacks from landscape features such as property lines, rights-of-way, and water sources, unless you have a requested and received a written variance from the Agency of Agriculture. To learn more about land use regulations and limitations to farm structures, visit: https://agriculture.vermont.gov/land-use-renewable-energy-0/municipal-bylaw-land-use-limitations or contact Mary Montour at (802) 461-6087.