Introduction to Limitations on Municipal Land Use Bylaws
Section 4413(d) of Title 24 (Municipal and County Government) of Vermont Statutes Annotated (V.S.A.) limits the application of municipal land use regulations on farm operations and farming activities regulated under the Required Agricultural Practices rules, including the construction of farm structures. Farming activities include:
(a) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural, viticultural, and orchard crops; or
(b) the raising, feeding, or management of livestock, poultry, fish, or bees; or
(c) the operation of greenhouses; or
(d) the production of maple syrup; or
(e) the on-site storage, preparation, and sale of agricultural products principally produced on the farm; or
(f) the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or
(g) the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines; or, if located on a jurisdictional farm,
(h) the importation of 2,000 cubic yards per year or less of food residuals or food processing residuals onto a farm for the production of compost, provided that: (i) the compost is principally used on the farm where it is produced; or (ii) the compost is produced on a small farm that raises or manages poultry.
A determination by the Agency that a building is a farm structure does not relieve a property owner of the requirement under the law to notify the town of construction of farm structures or to meet locally established setback requirements. The Agency of Agriculture may review and approved alternative setback requests per the Required Agricultural Practices.
To learn more about farm operations and farming activities regulated by the RAPs please click here - Farm Definitions and Determinations
Pursuant to Section 4412 (A)(i) of the Title 24, municipalities may not prohibit the operation of an Accessory On-Farm Business (AOFB) as an activity on a farm. This includes the following activities:
(I) The storage, preparation, processing, and sale of qualifying products, provided that the qualifying products are produced on a farm; the sale of products that name, describe, or promote the farm or accessory on-farm business, including merchandise or apparel that features the farm or accessory on-farm business; or the sale of bread or baked goods.
(II) Educational, recreational, or social events that feature agricultural practices or qualifying products, or both. Such events may include tours of the farm, farm stays, tastings and meals featuring qualifying products, and classes or exhibits in the preparation, processing, or harvesting of qualifying products. As used in this subdivision (II), “farm stay” means a paid, overnight guest accommodation on a farm for the purpose of participating in educational, recreational, or social activities on the farm that feature agricultural practices or qualifying products, or both. A farm stay includes the option for guests to participate in such activities.
AOFBs may take place inside new or existing structures or on the land. Activities of an AOFB that are not also exempt as farming activities may be subject to site plan review and may be required to meet the same performance standards otherwise adopted in the bylaw for commercial uses. A town may also adopt a bylaw concerning AOFBs that is less restrictive than the requirement of this subdivision.
Guidance
- For the purposes of “farming,” fences are not considered “farm structures,” however their installation may be considered an agricultural practice. This does not give a property owner the right to install a fence within a highway right of way.
- The Secretary cannot grant an alternative setback for the construction of farm structures in a highway right of way. Either the Town or the State of Vermont must grant approval. You may need to check with the Town or Vermont Agency of Transportation to ensure you know the exact location of a highway right of way.
- If the property is currently covered by an Act 250 permit, you will need to contact your Act 250 district commission office to obtain a Jurisdictional Opinion on whether written permission from the District Commission is required before proposed work or any change in the current land use.