Right to Farm Laws in Vermont: What Farmers and Neighbors Need to Know
July 22, 2026
If you run a farm in Vermont — or live next to one — you’ve probably wondered where the legal line falls when it comes to odors, noise, dust, and runoff. Vermont’s Right to Farm (RTF) law answers that question, and as of the 2025 legislative session, it answers it more clearly than ever before.
Vermont enacted its first RTF law in 1982, but the statute went through a landmark overhaul when Governor Phil Scott signed Act 61 into law during the 2025 session. The Vermont Agency of Agriculture, Food and Markets announced Act 61 as a significant update to Vermont’s Right to Farm law, noting that while all 50 states have some form of RTF law, Vermont’s previous statute lacked clarity and strength. The new law changes that in ways that matter to every farmer and every neighbor in the state.
Whether you keep dairy cows, grow orchard crops, run a maple syrup operation, or raise backyard chickens, understanding this law is one of the most practical things you can do to protect your property and your livelihood. This guide walks through what Vermont’s RTF law covers, who qualifies, and what to do if a dispute lands at your door.
Important Note: This article is for general informational purposes only and does not constitute legal advice. Vermont’s Right to Farm law involves fact-specific determinations made by courts. Consult a qualified Vermont attorney for guidance on your specific situation.
What Are Right to Farm Laws in Vermont
Right to Farm laws are state statutes that shield qualifying agricultural operations from civil nuisance lawsuits filed by neighboring property owners. All fifty U.S. states have enacted Right to Farm laws to protect agricultural operations from nuisance lawsuits, as farmers practice accepted standards. Agriculture nuisance lawsuits may be initiated by neighboring property owners or the general public in response to complaints about noise, odor, visual clutter, and dangerous structures associated with the agricultural operation.
Increased suburban development on agricultural land in the 1970s and 1980s established the importance of a Right to Farm framework. A national transformation from a rural society into suburbia introduced nuisance claims filed against existing farmers by new residents. Noise, odor, and dirt generated by the operations led to these conflicts. Vermont’s legislature responded by passing its original RTF statute in 1982, citing agricultural lands as “unique and irreplaceable resources.”
Vermont’s RTF law is codified at 12 V.S.A. Chapter 195. Under the updated statute, no agricultural activity shall be or become a nuisance when the activity is conducted in accordance with generally accepted agricultural practices. That single sentence is the foundation of the entire law — and Act 61 made it significantly stronger than what came before.
Under the old law, farmers had to defend themselves by proving they met a set of vague legal standards. They had to show their farm predated surrounding non-agricultural uses and that their practices hadn’t significantly changed — an unrealistic hurdle for evolving farms and new operations. Act 61 eliminated those requirements entirely, replacing them with a practice-based standard that applies to new and established farms alike.
Key Insight: Vermont’s RTF law does not protect farmland itself from development or zoning changes. It specifically protects agricultural activities from civil nuisance suits brought by neighbors.
What Farming Operations Are Covered in Vermont
Vermont’s RTF law defines “agricultural activities” broadly, pulling from the state’s definition of “farming” under Title 6 of the Vermont Statutes. Since the passage of amendments in 2003, Vermont’s RTF law defines protected agricultural activities broadly, including the cultivation and use of land for producing food, fiber, horticultural, and orchard crops, as well as the raising, feeding, and management of animals and bees.
Tilling, planting, irrigating, and harvesting crops are also protected activities, along with the operation of greenhouses. Vermont’s RTF law also protects the on-site production of fuel or power from agricultural products, as well as composting activities, ditching and subsurface drainage of farm fields, the handling of livestock wastes and by-products, and the storage and application of fertilizers and pesticides.
The Vermont Agency of Agriculture, Food and Markets clarifies that farming activities specifically include:
- Cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural, viticultural, and orchard crops
- Raising, feeding, or management of livestock, poultry, fish, or bees
- On-site storage, preparation, and sale of agricultural products principally produced on the farm
- On-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes
- Production of maple syrup
- Operation of greenhouses
This means operations as varied as a large dairy farm, a small backyard chicken flock, a goat farm, or a beekeeping operation can all fall within the scope of Vermont’s RTF protections — provided they meet the qualifying conditions discussed later in this guide.
Vermont’s RTF law provides no explicit protection of farmland or farms by size or organization. Instead, it protects agricultural activities from nuisance suits when they impact neighboring property, for example through noise or pollution. A small family farm and a large commercial operation are judged by the same standard: whether their activities follow generally accepted agricultural practices.
What Nuisances Are Protected Under Vermont’s Right to Farm Law
The core purpose of Vermont’s RTF law is to shield farms from civil nuisance claims. Right to Farm statutes traditionally protect against nuisance lawsuits brought by neighbors that are affected by odor, lights, noise, dust, or other things that can create a substantial and ongoing interference with the neighbor’s use and enjoyment of their property.
Farmers across Vermont face the risk of nuisance claims, including that farm-related noise, odors, runoff, or dust interfere with a neighbor’s property use. These lawsuits can result in costly civil damages or even shut down farms. Vermont’s RTF law — as strengthened by Act 61 — provides a legal defense against exactly these kinds of claims.
Act 61 also extended the law’s reach beyond nuisance claims. The law extends farmer protection beyond nuisance lawsuits to so-called trespass lawsuits. The legal definition of “trespass” includes a physical invasion of property — a stream of water running through someone’s backyard that comes from a farm, for example. This is a meaningful expansion, since water runoff disputes — like the high-profile Vorsteveld farm case in Addison County — often hinge on trespass theories rather than nuisance alone.
Common farm-related conditions protected under Vermont’s RTF law include:
- Manure odors from spreading or storage
- Noise from equipment, livestock, and early-morning operations
- Dust from field tillage and farm roads
- Increased truck and tractor traffic
- Water runoff from fields and drainage systems
- Light from farm structures and equipment
If you raise roosters and your neighbors have complained about crowing, Vermont’s RTF protections may be relevant to your situation. See our related guides on rooster laws in Vermont and rooster crowing laws for more detail on how local ordinances interact with state agricultural protections.
The “Coming to the Nuisance” Rule in Vermont
One of the most debated concepts in Right to Farm law is the “coming to the nuisance” doctrine — the idea that a neighbor who moves next to an existing farm cannot then sue that farm for conditions that were already present when they arrived.
Under Vermont’s original RTF statute, this concept was central to the law’s structure. Vermont’s amendments created four conditions necessary for agricultural activities to receive immunity from nuisance liability: the activity must follow federal, state, and local laws and regulations; be consistent with good agricultural practices; have been in existence prior to surrounding nonagricultural activities; and not change significantly after a surrounding nonagricultural activity begins.
The “predating” requirement created real problems in practice. In a landmark 2003 case, orchard owners began waxing and packing apples on-site for shipment, markedly increasing truck traffic and noise. The owners of the farmhouse filed a nuisance suit against the orchard owners. The Vermont Supreme Court held that the RTF law did not protect the orchard owners because the new agricultural activities did not predate the purchase of the farmhouse by the plaintiffs.
Act 61 fundamentally changed this framework. Farms are no longer required to prove they were there first or that their practices have remained unchanged. This change encourages innovation, diversification, and the growth of new farms. The “coming to the nuisance” timing question is no longer the deciding factor under the updated law.
Instead, the question now centers on whether the farm follows generally accepted agricultural practices — a standard that applies equally to new operations and farms that have been running for generations. A beginning farmer hoping to set up a new operation in previously non-farmed areas should still be cautious, as the Right to Farm Law may not grant full protection in nuisance disputes when the surrounding non-agricultural activity was established first. While Act 61 removed the formal “predating” requirement, the practical reality of farming in a non-agricultural neighborhood still carries legal risk.
Pro Tip: Even if you’re starting a new farm operation, document your practices from day one. Records showing compliance with generally accepted agricultural practices and Vermont’s Required Agricultural Practices (RAPs) are your strongest defense if a dispute arises later.
Limits and Exceptions to Right to Farm Protection in Vermont
Vermont’s RTF law is a shield, not a blank check. While the law doesn’t prevent lawsuits, it gives responsible farms a stronger legal defense. Several exceptions can strip a farm of its RTF protection even if it otherwise qualifies.
Under 12 V.S.A. § 5753, as updated by Act 61, the nuisance protection for an agricultural activity shall not apply if the plaintiff demonstrates one or more of the following: a nuisance violation results from the negligent operation of an agricultural activity; the agricultural activity has a substantial adverse effect on health, safety, or welfare based upon objective, documented medical or scientific evidence that the agricultural activity was the proximate cause of the alleged effect; or a reasonable person would find that the agricultural activity was a proximate cause of a noxious and significant interference with the use and enjoyment of the neighboring property.
The law also preserves the authority of public health officials. State or local boards of health retain authority to abate nuisances affecting the public health. This means that even a farm fully compliant with generally accepted agricultural practices can be ordered to address conditions that create a genuine public health risk.
Municipal authority is another important limit. Vermont’s RTF law does not prevent state or local boards of health from stopping nuisances that impact public health. Municipalities cannot regulate “required agricultural practices” and “accepted silvicultural practices” defined by the secretary of the Agency of Agriculture, Food and Markets and by the commissioner of the Department of Forests, Parks and Recreation. However, municipalities can still apply their own zoning regulations to matters not covered by the RAPs.
Here is a quick comparison of what the RTF law does and does not protect:
| Protected Under Vermont’s RTF Law | Not Protected |
|---|---|
| Odors from normal manure spreading | Negligent operation causing harm |
| Livestock noise during normal operations | Substantial adverse health effects |
| Dust from tillage and harvest | Unresolved enforcement actions with state agencies |
| Water runoff from properly managed fields | Public health nuisances abated by boards of health |
| Farm equipment traffic on public roads | Activities violating pesticide or water quality regulations |
How to Qualify for Right to Farm Protection in Vermont
Qualifying for RTF protection under Act 61 requires meeting two primary conditions: following generally accepted agricultural practices and being in good regulatory standing with the state.
Generally Accepted Agricultural Practices (GAAPs)
Farms that follow generally accepted agricultural practices are now considered not a nuisance. This protection can be overcome only if the plaintiff proves the farm caused substantial harm or acted negligently. GAAPs include compliance with Vermont’s Required Agricultural Practices (RAPs), pesticide regulations, and water quality standards consistent with similar Vermont farm operations.
The Vermont Agency of Agriculture, Food and Markets regulates farms through the RAPs based on size. There are four farm size categories regulated by the RAPs: Small Farm Operations, Certified Small Farm Operations, Medium Farm Operations, and Large Farm Operations. A Small Farm Operation is one that operates 4 or more acres for farming, earns an annual gross income of more than $2,000 from the sale of agricultural products, or has filed a 1040(F) Tax Form once in the last 2 years. Knowing your farm’s size category helps you understand which specific RAP requirements apply to you.
Good Regulatory Standing
In order to assert nuisance protection under Vermont’s RTF law, a person conducting an agricultural activity shall demonstrate that the person is in good standing with the State. A person may demonstrate good standing by providing letters of good standing to a court from the Secretary of Agriculture, Food and Markets; the Secretary of Natural Resources; or both secretaries, as relevant to the nuisance claim.
To receive nuisance protection, farms must be in good regulatory standing — meaning they have no unresolved final enforcement actions with the Agency of Agriculture, Food and Markets or the Agency of Natural Resources. If your farm has an open enforcement action — say, a water quality violation that hasn’t been resolved — you cannot claim RTF protection until that matter is closed.
Practical steps to maintain your eligibility for RTF protection:
- Know and follow the RAPs applicable to your farm size category
- Comply with Vermont’s pesticide regulations and any applicable water quality permits
- Resolve any enforcement actions with the Agency of Agriculture or Agency of Natural Resources promptly
- Keep records of your compliance efforts, including training certifications and inspection reports
- Request a Farm Determination from VAAFM if your operation’s status is unclear
If you’re raising animals as part of your farm operation, staying current on applicable regulations is equally important. Our guides on pet vaccination laws in Vermont and farm animals cover some of the regulatory landscape you’ll need to navigate alongside the RTF framework.
What to Do If You’re Facing a Nuisance Complaint in Vermont
Receiving a nuisance complaint — or a letter threatening legal action — can feel alarming. Vermont’s updated RTF law builds in procedural steps that work in your favor, but you need to understand the process to use it effectively.
Step 1: Engage in Dialogue and Mandatory Mediation
Before filing a nuisance lawsuit, property owners must attempt to resolve the issue through dialogue and mandatory mediation with the farmer. This requirement is one of the most significant procedural changes under Act 61. A neighbor cannot simply file a lawsuit against you — they must first attempt to resolve the dispute through mediation. The parties to the mediation may agree upon the use of a mediator to assist in the resolution of the agreed-upon issue or dispute, and the parties shall share the cost of the mediator equally or according to an agreement between the parties.
If the parties to the mediation are unable to resolve the relevant issue or dispute through mediation, the parties may agree to submit the issue or dispute to binding arbitration, and shall share the cost of the arbitration. This tiered approach — dialogue, then mediation, then potential arbitration or litigation — gives you multiple opportunities to resolve the dispute before it reaches a courtroom.
Neighborly communication remains the best path for resolving conflict. If a neighbor approaches you with a concern, take it seriously and respond promptly. Many disputes that could become lawsuits are resolved through a direct conversation.
Step 2: Gather Your Compliance Documentation
If mediation doesn’t resolve the issue and a lawsuit is filed, the burden of proof is now on the plaintiff — not you. Previously, the burden of establishing nuisance protection was on the farmer. Now, the responsibility shifts to the plaintiff, who must demonstrate that the farm acted improperly. That said, you still need to be able to demonstrate that you are in good standing with the state.
Request letters of good standing from the Secretary of Agriculture, Food and Markets and the Secretary of Natural Resources, as relevant to the claims against you. These letters are the documentary proof a court needs to see that your farm qualifies for RTF protection. Gather records of your RAP compliance, any inspection reports, training certificates, and permits.
Step 3: Consult a Vermont Agricultural Attorney
Vermont’s RTF law involves fact-specific legal determinations. The Vermont Agency of Agriculture, Food and Markets does not make determinations as to whether an activity is entitled to the rebuttable presumption that the law provides. A court would make this determination in a civil suit. An experienced Vermont agricultural attorney can help you assess the strength of your RTF defense, prepare your documentation, and represent your interests in mediation or court.
The Vermont Law and Graduate School’s Center for Agriculture and Food Systems partnered with the Conservation Law Foundation to establish the Vermont Legal Food Hub, which matches income-eligible farmers with attorneys willing to provide free legal assistance on business law matters. This can be a valuable starting point if cost is a concern.
Step 4: Know When the Law May Not Protect You
If your farm has an open enforcement action, is operating in violation of pesticide or water quality regulations, or if a neighbor can show that your practices were negligent or caused documented health harm, RTF protection may not apply. In those situations, your most important step is correcting the underlying compliance issue — both to restore your RTF eligibility and to resolve the underlying dispute.
Disputes involving animals and neighbors extend beyond RTF law in many cases. If you’re dealing with a neighbor’s complaints about animals specifically, our articles on barking dog laws in Vermont, leash laws in Vermont, and neighbors’ cat in your yard laws may also be relevant to your situation.
Pro Tip: Even if you believe your farm is fully protected under Vermont’s RTF law, document everything when a dispute arises — dates of complaints, your responses, any mediation sessions, and all compliance records. Courts rely on documentation, and thorough records strengthen your legal position significantly.
Vermont’s Right to Farm law, as updated by Act 61 in 2025, gives responsible farmers a stronger and clearer legal foundation than at any point in the statute’s history. When disputes arise, Act 61 ensures a fairer process — one that supports the working landscape and Vermont’s rural economy. Understanding the law’s requirements, maintaining good regulatory standing, and responding thoughtfully to neighbor concerns are the three habits that will serve you best over the long run. For more on farming and animal law in Vermont, explore our guides on starting a backyard poultry farming business, duck hunting laws, and hunting laws in Vermont.