By Kaitlin Hayes, VT Agency of Agriculture, Food & Markets 
The construction season in Vermont is short but cherished. Vermonters take pride in the quality of their work and doing things the right way. “Measure twice, cut once” is a common phrase heard on construction sites. In that spirit, it is important to remember that coordinating with State Agencies and municipalities before breaking ground is in everyone’s best interest. State and federal regulations pertaining to construction activities carefully consider our environment, economy and communities. It is the landowner’s responsibility to comply with all applicable regulations, and while it may seem onerous, there are resources to help navigate the process.
Agency employees can explain how the Required Agricultural Practices (RAPs) apply to various projects and provide guidance on which state permits the project may trigger. The Department of Environmental Conservation also have Permit Specialists listed on their website who can assist farmers as well. To find a Permit Specialist, please visit: http://dec.vermont.gov/environmental-assistance/permits/specialists
Keep in mind that the best time to plan is the year before construction. Aside from the Agency of Agriculture, Food & Markets, 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.
In addition to communication between State Agencies, farmers may also have various requirements for general construction or construction of a farm structure project at the town level. Construction of a farm structure, although regulated by the Agency of Agriculture, still requires notification of the town zoning administrator or town clerk of the proposed project, and that the farm structure meets local setbacks pursuant to Section 9 of the RAPs:
- Prior to construction, farmers must notify the zoning administrator or the town clerk of the municipality where they are planning to construct, in writing. The notification needs to include a sketch of the proposed structure, the setback distances from property lines, rights-of-ways, and identify any water sources located near the proposed location.
- Local and Agency of Agriculture, Food & Markets established setbacks need to be followed unless the Agency has received and approved a request for a variance.
Vermont farmers are celebrated for their ability to merge land stewardship with creating the opportunity for economic growth and being a crucial part of the development of Vermont communities. The Agency of Agriculture, Food & Markets can offer support by providing guidance in navigating the regulatory landscape, so that farmers can continue doing what they do best.
To be in contact with the Agency about construction on farms, variance requests, and applicable permits please contact Kaitlin Hayes by phone 802.622.4112 or by email kaitlin.hayes@vermont.gov