reglab/housing_qa huggingface dataset:
6 V.S.A. § 4821
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4821. Assistance program created; administration

§ 4821. Assistance program created; administration|(a) Program created. A program is created to provide State financial assistance to Vermont farmers in support of their voluntary construction of on-farm improvements and maintenance of acceptable operating standards designed to abate nonpoint source agricultural waste discharges into the waters of the State of Vermont, consistent with goals of the federal Water Pollution Control Act and with State water quality standards. The program shall be conducted in a manner which makes maximum use of federal financial aid for the same purpose, as provided by this subchapter, and which seeks to use the least costly methods available to accomplish the abatement required. The construction of temporary fencing intended to exclude livestock from entering surface waters of the State shall be an on-farm improvement eligible for assistance under this subchapter when subject to a maintenance agreement entered into with the Agency of Agriculture, Food and Markets.(b) Program administration. The Secretary:  (1) Shall administer the State assistance program, for which purpose the Secretary shall coordinate with officials of the U.S. Department of Agriculture or other federal agencies, and shall adopt rules pursuant to 3 V.S.A. chapter 25 concerning farmer application and eligibility requirements, financial assistance award priorities, and other administrative and enforcement conditions. (2) May provide technical assistance to individual farmers with the preparation of on-farm agricultural waste management plans, applications for State and federal financial assistance awards, installation of on-farm improvements, and maintenance of acceptable operating standards during the term of the program grant agreement. For this purpose, State employees of the Agency shall cooperate with federal employees of the U.S. Department of Agriculture or other federal agencies. (Added 1995, No. 62, § 37, eff. April 26, 1995; amended 1999, No. 100 (Adj. Sess.), § 3, eff. May 5, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 110 (Adj. Sess.), § 9, eff. May 18, 2010; 2015, No. 39, § 3.)
6 V.S.A. § 4822
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4822. Eligibility for State assistance

§ 4822. Eligibility for State assistance|Vermont farmers shall be eligible to receive available State financial assistance with the installation of on-farm improvements designed to control agricultural nonpoint source waste discharges, provided that:  (1) for farmers who also seek federal financial assistance for this purpose, the improvements:  (A) are eligible for federal assistance through programs of the U.S. Department of Agriculture; and (B) are consistent with a "nutrient management plan" prepared by the Vermont field office of the NRCS, or with an animal waste management plan based on standards equivalent to those of the NRCS; or  (2) for farmers who decline to seek or accept federal financial assistance for this purpose, the improvements:  (A) are determined by the Secretary to be equivalent to those eligible for federal assistance through programs of the U.S. Department of Agriculture; and (B) are consistent with an animal waste management plan based on standards determined by the Secretary to be equivalent to those of the NRCS; and  (3) improvements will be constructed on a farm that is in good standing with the Secretary at the time of the award on all grant agreements, contract awards, or enforcement proceedings. (Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 39, § 4.)
6 V.S.A. § 4823
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4823. Priorities; State financial assistance awards

§ 4823. Priorities; State financial assistance awards|(a) Priorities. State financial assistance available under this subchapter shall in each fiscal year be allocated according to the following priorities, except as provided by subsection (b) of this section, and as further defined by rule by the Secretary:  (1) First priority shall be given to proposed improvements on individual farms which do not meet RAPs because of physical constraints of a farm site, which are located, in descending order: within the boundaries of the Lake Champlain Basin, the Lake Memphremagog Basin, the Connecticut River Basin, or the Hudson River Basin as these boundaries are defined by the State Water Quality Plan prepared by the Agency of Natural Resources. (2) Next priority shall be given to proposed improvements on all other individual farms which are located, in descending order, within the boundaries of the Lake Champlain Basin, the Lake Memphremagog Basin, the Connecticut River Basin, or the Hudson River Basin.   (b) Exceptions. The Secretary may award financial assistance under this subchapter for improvements on a farm which otherwise would not receive assistance under the priorities established by this section, when the Secretary determines a severe condition of nonpoint source waste discharge exists which requires immediate abatement. (Added 1995, No. 62, § 37, eff. April 26, amended 1995; 1997, No. 148 (Adj. Sess.), § 67, eff. April 29, 1998; 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 4824
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4824. State financial assistance awards

§ 4824. State financial assistance awards|(a) State grant. State financial assistance awarded under this subchapter shall be in the form of a grant. When a State grant is intended to match federal financial assistance for the same on-farm improvement project, the State grant shall be awarded only when the federal financial assistance has also been approved or awarded. An applicant for a State grant shall pay at least 10 percent of the total eligible project cost. The dollar amount of a State grant shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a State grant shall not exceed 90 percent of the total eligible project cost.(b) Grant terms. A State grant awarded to an applicant under this subchapter shall be awarded in accordance with a State grant containing terms substantially the same as those required for receipt of a federal award for the same purpose from the U.S. Department of Agriculture, except as provided by the Secretary by rule. (Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 112 (Adj. Sess.), § 3, eff. May 3, 2008; 2011, No. 104 (Adj. Sess.), § 28b, eff. May 7, 2012; 2015, No. 39, § 5.)
6 V.S.A. § 4825
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4825. Reports

§ 4825. Reports|Annually by January 15 of each year, the Secretary shall report to the General Assembly regarding activities in support of the objectives of this subchapter, including use of State, federal, and private funds:  (1) undertaken during the preceding fiscal year; (2) in progress during the current fiscal year; (3) projected for the following fiscal year; and (4) remaining to be undertaken after the following fiscal year. (Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003.)
6 V.S.A. § 4826
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4826. Cost assistance for waste storage facilities

§ 4826. Cost assistance for waste storage facilities|(a) The owner or operator of a farm required under section 4815 of this title to design, construct, or modify a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for cost assistance. Using State or federal funds, or both, a State assistance grant shall be awarded, subject to the availability of funds, to applicants. Such grants shall not exceed 90 percent of the cost of an adequately sized and designed waste storage facility and the equipment eligible for Natural Resources Conservation Service cost share assistance. Application for a State assistance grant shall be made in the manner prescribed by the Secretary.(b) If the Secretary lacks adequate funds necessary for the cost assistance awards required by subsection (a) of this section, the Secretary shall appear before the Emergency Board, as soon as possible, and shall request that necessary funds be provided. If the Emergency Board fails to provide adequate funds, the design and construction requirements for waste storage facilities under subsection 4815(b) of this title and the RAPs for groundwater, as they relate to a waste storage facility, shall be suspended for a farm with a waste storage facility subject to the requirements of subsection 4815(b) of this title until adequate funding becomes available. Suspension of the design and construction requirements of subsection 4815(b) of this title does not relieve an owner or operator of a farm permitted under section 4858 or 4851 of this title from the remaining requirements of the owner's or operator's permit, including discharge standards, groundwater protection, nutrient management planning, and land application of manure. This subsection does not apply to farms permitted under 10 V.S.A. § 1263.(c) The owner or operator of a farm with a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for a State assistance grant for the costs of complying with the U.S. Department of Agriculture Natural Resources Conservation Service requirements for inspection of a waste storage facility. Such grants shall not exceed 90 percent of the cost of the inspection of the waste storage facility. Application for a State assistance grant shall be made in the manner prescribed by the Secretary. (Added 2005, No. 78, § 5, eff. June 24, 2005; amended 2011, No. 104 (Adj. Sess.), § 28c, May 7, 2012; 2015, No. 39, § 6.)
6 V.S.A. § 4828
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4828. Capital equipment assistance program

§ 4828. Capital equipment assistance program|(a) It is the purpose of this section to provide assistance to purchase or use innovative equipment that will aid in the reduction of surface runoff of agricultural wastes to State waters, improve water quality of State waters, reduce odors from manure application, separate phosphorus from manure, decrease greenhouse gas emissions, and reduce costs to farmers.(b) The capital equipment assistance program is created in the Agency of Agriculture, Food and Markets to provide State financial assistance for the purchase of new or innovative equipment to improve manure application, separation of phosphorus from manure, or nutrient management plan implementation.(c) Assistance under this section shall in each fiscal year be allocated according to the following priorities and as further defined by the Secretary. Priority shall be given to capital equipment to be used on multiple farms; equipment to be used for phosphorus reduction, separation, or treatment; and projects managed by nonprofit organizations that are located in descending order within the boundaries of:  (1) the Lake Champlain Basin; (2) the Lake Memphremagog Basin; (3) the Connecticut River Basin; and (4) the Hudson River Basin.   [ Subsection (d) repealed effective July 1, 2023.](d) An applicant for a State grant under this section to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall pay 10 percent of the total eligible project cost. The dollar amount of a State grant to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and shall not exceed $300,000.00. (Added 2007, No. 197 (Adj. Sess.), § 1; amended 2011, No. 104 (Adj. Sess.), § 28d, eff. May 7, 2012; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 39, § 8; 2017, No. 77, § 8; 2017, No. 77, § 12, eff. July 1, 2023; 2019, No. 64, § 9.)
6 V.S.A. § 4829
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4829. Conservation Reserve Enhancement Program

§ 4829. Conservation Reserve Enhancement Program|(a) The Conservation Reserve Enhancement Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State or federal financial assistance for the implementation of alternative nutrient reduction practices that improve soil quality, improve nutrient retention, and reduce agricultural waste discharges. The Agency of Agriculture, Food and Markets may approve one or more of the following practices for participation in the Program:  (1) riparian forest buffers; (2) grassed waterways; (3) grassed filter strips; or (4) other practices approved by the Secretary and administered through a memorandum of understanding with the Commodity Credit Corporation.   (b) Grant agreements entered into under this section shall at a minimum have a term of 15 years in duration and can include permanent easements.(c)(1) The Agency of Agriculture, Food and Markets shall use capital funding available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivisions (a)(1)-(3) of this section.  (2) The Agency shall use noncapital funds eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivision (a)(4) of this section. (Added 2019, No. 64, § 13.)
6 V.S.A. § 4830
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4830. Agricultural Environmental Management Program

§ 4830. Agricultural Environmental Management Program|(a) The Agricultural Environmental Management Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State financial assistance to alternatively manage their farmstead, cropland, and pasture in a manner that will address identified water quality concerns that, traditionally, would have been wholly or partially addressed through federal, State, and landowner investments in BMP infrastructure, in agronomic practices, or both. The Agency of Agriculture, Food and Markets may approve one or more of the following practices for participation in the Program:  (1) conservation easements; (2) land acquisition; (3) farm structure decommissioning; (4) site reclamation; or (5) issue a grant as an in-lieu payment not to exceed $200,000.00 as an alternative to the best management practice program implementation to otherwise address the same conservation issues for an equivalent or longer term.   (b) The Agency of Agriculture, Food and Markets shall use funds available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers, provided that the Agency may use capital funds to provide financial assistance for practices approved under subdivisions (a)(1)-(4) of this section if the practice is:  (1) performed in conjunction with a term agreement of not less than 15 years in duration or a permanent easement protecting the investment; and (2) abating a water quality resource concern on a farm.   (c) The Agency may use capital funds to provide financial assistance for a practice approved under subdivision (a)(5) of this section only upon the approval of the State Treasurer. (Added 2019, No. 64, § 14.)
6 V.S.A. § 4831
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4831. Vermont Seeding and Filter Strip Program

§ 4831. Vermont Seeding and Filter Strip Program|(a) The Secretary of Agriculture, Food and Markets is authorized to develop a Vermont critical source area seeding and filter strip program in addition to the federal Conservation Reserve Enhancement Program in order to compensate farmers for establishing and maintaining harvestable perennial vegetative grassed waterways and filter strips on agricultural cropland perpendicular and adjacent to the surface waters of the State, including ditches. Eligible acreage would include annually tilled cropland or a portion of cropland currently cropped as hay that will not be rotated into an annual crop for a 10-year period of time. Acreage that is currently managed as hay shall have a prior history of rotation as corn or other annual commodity crop.(b) Incentive payments from the Agency of Agriculture, Food and Markets shall be made at the outset of a 10-year agreement to establish or maintain the acreage as harvestable grassed waterway or filter strip.(c) The Secretary of Agriculture, Food and Markets may establish by procedure financial and technical criteria for the implementation and operation of the Vermont critical source area seeding and filter strip program.(d) Land enrolled in the Vermont agricultural buffer program shall be considered to be in "active use" as that term is defined in 32 V.S.A. § 3752(15). (Added 2005, No. 147 (Adj. Sess.), § 55; amended 2009, No. 110 (Adj. Sess.), § 10; 2015, No. 39, § 15; 2019, No. 129 (Adj. Sess.), § 12 (redesignated from 6 V.S.A. § 4900).)
6 V.S.A. § 4832
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4832. Farm Agronomic Practices Program

§ 4832. Farm Agronomic Practices Program|(a) The Farm Agronomic Practices Assistance Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State financial assistance for the implementation of soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges. The following practices may be eligible for assistance to farms under the grant program:  (1) conservation crop rotation; (2) cover cropping; (3) strip cropping; (4) cross-slope tillage; (5) zone or no-tillage; (6) pre-sidedress nitrate tests; (7) annual maintenance of a nutrient management plan that is no longer receiving funding under a State or federal contract, provided the maximum assistance provided to a farmer under this subdivision shall be $2,000.00 per year; (8) educational and instructional activities to inform the farmers and citizens of Vermont of:  (A) the impact on Vermont waters of agricultural waste discharges; and (B) the federal and State requirements for controlling agricultural waste discharges;  (9) implementing alternative manure application techniques; and (10) additional soil erosion reduction practices.   (b) Funding available under section 4827 of this title for nutrient management planning may be used to fund practices under this section. (Added 2007, No. 112 (Adj. Sess.), § 1; amended 2009, No. 110 (Adj. Sess.), § 11; 2013, No. 83, § 12; 2015, No. 39, § 16; 2019, No. 129 (Adj. Sess.), § 12 (redesignated from 6 V.S.A. § 4951).)
6 V.S.A. § 4849
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4849. Recycling animal waste nutrients

§ 4849. Recycling animal waste nutrients|In order to best use the nutrients of animal waste generated by farm operations, the Agency of Agriculture, Food and Markets together with the Department of Public Service shall use available resources to inform farm operations of appropriate methods and resources available to digest and compost their animal wastes, and to capture methane for beneficial uses. (Added 1997, No. 124 (Adj. Sess.), § 1, eff. April 21, 1998; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 39, § 9.)
6 V.S.A. § 4850
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4850. Definitions

§ 4850. Definitions|As used in this subchapter:  (1) "Domestic fowl" means laying-hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl. (2) "Livestock" means cattle, mature cow/calf pairs, youngstock, heifers, bulls, swine, sheep, goats, horses, or any other number and type of domestic animal that the Secretary deems livestock. (Added 1995, No. 163 (Adj. Sess.), § 17, eff. May 15, 1996; amended 2005, No. 78, § 7, eff. June 24, 2005; 2015, No. 39, § 10.)
6 V.S.A. § 4852
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4852. Rules

§ 4852. Rules|The Secretary may adopt rules pursuant to 3 V.S.A. chapter 25 concerning program administration, program enforcement, appeals and standards for waste management and waste storage, setbacks or siting criteria for new construction or expansion, groundwater contamination, odor, noise, traffic, insects, flies, and other pests in order to implement this subchapter. The siting criteria adopted by the Secretary by rule shall be consistent with the standards for the quality of State waters and standards for acceptable agricultural practices pursuant to subchapter 2 of this chapter. The groundwater contamination rules adopted by the Secretary shall include a process under which the agency shall receive, investigate, and respond to a complaint that a farm has contaminated the drinking water or groundwater of a property owner. (Added 1995, No. 163 (Adj. Sess.), § 17, eff. May 15, 1996; amended 1997, No. 124 (Adj. Sess.), § 3, eff. April 21, 1998; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 78, § 9, eff. June 24, 2005.)
6 V.S.A. § 4853
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4853. Informational meeting

§ 4853. Informational meeting|(a) Upon receipt by the Secretary of a permit application for construction of a new barn under this subchapter, the Secretary shall establish an advisory group to assist in reviewing the application. The advisory group shall consist of, in addition to the Secretary, the Secretary of Natural Resources or his or her duly authorized representative, a farmer appointed by the governor, and a representative of the legislative body of the municipality in which the proposed facility would be located. Such representative shall be appointed by the legislative body but need not be a resident of the municipality. The Secretary may establish the advisory group pursuant to this subsection upon receipt of a permit application for expansion of an existing barn under this subchapter.(b) The Secretary shall conduct an informational meeting in a municipality when there is a proposal to construct a new barn, within the municipality, that would require a permit under this subchapter.(c) The Secretary may conduct an informational meeting in a municipality in which a barn expansion is sought, if the barn is already subject to permitting requirements under this subchapter.(d) The Secretary shall upon request prepare in writing the response of the agency to matters raised during a meeting held pursuant to this section, or submitted to the Secretary in writing. Such response shall pertain to considerations required under this subchapter. (Added 1995, No. 163 (Adj. Sess.), § 17, eff. May 15, 1996; amended 1999, No. 100 (Adj. Sess.), § 4c, eff. May 5, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2005, No. 78, § 10, eff. June 24, 2005.)
6 V.S.A. § 4855
2021 Vermont Statutes|Title 6 - Agriculture|Chapter 215 - Agricultural Water Quality|§ 4855. Permit appeal

§ 4855. Permit appeal|A person seeking a permit who is aggrieved by a final decision of the Secretary may appeal de novo to the Environmental Division within 30 days of the final decision of the Secretary. The only parties to the appeal shall be the person seeking the permit and the Secretary. (Added 1995, No. 163 (Adj. Sess.), § 17, eff. May 15, 1996; amended 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 154 (Adj. Sess.), § 236.)