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2023 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.)
2023 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).)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4832. Farm Agronomic Practices Program

§ 4832. Farm Agronomic Practices Program
The Farm Agronomic Practices Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State financial assistance for the implementation, including through education, training, or instruction, 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; and
(7) additional soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges. (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); 2021, No. 162 (Adj. Sess.), § 7, eff. June 1, 2022; 2023, No. 6, § 67, eff. July 1, 2023.)
2023 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.)
2023 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.)
2023 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 Required 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; 2021, No. 162 (Adj. Sess.), § 8, eff. June 1, 2022.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4857. Definitions

§ 4857. Definitions
As used in this subchapter:
(1) “Animal feeding operation” (AFO) means a lot or facility where the livestock or domestic fowl have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and crops, vegetation, or forage growth are not sustained in the normal growing season over any portion of the lot or facility. Two or more individual farms qualifying as an AFO that are under common ownership and that adjoin each other or use a common area or system for the disposal of waste shall be considered to be a single AFO if the combined number of livestock or domestic fowl resulting qualifies as a medium farm as defined in subdivision (2) of this section.
(2) “Medium farm” is an AFO that houses 200 to 699 mature dairy animals; 300 to 999 cattle or cow/calf pairs; 300 to 999 veal calves; 750 to 2,499 swine weighing over 55 pounds; 3,000 to 9,999 swine weighing less than 55 pounds; 150 to 499 horses; 3,000 to 9,999 sheep or lambs; 16,500 to 54,999 turkeys; 9,000 to 29,999 laying hens or broilers with a liquid manure handling system; 25,000 to 81,999 laying hens without a liquid manure handling system; 37,500 to 124,999 chickens other than laying hens without a liquid manure handling system; 1,500 to 4,999 ducks with a liquid manure handling system; or 10,000 to 29,999 ducks without a liquid manure handling system.
(3) “Small farm” is an AFO that houses no more than 199 mature dairy animals; 299 cattle or cow/calf pairs; 299 veal calves; 749 swine weighing over 55 pounds; 2,999 swine weighing less than 55 pounds; 149 horses; 2,999 sheep or lambs; 16,499 turkeys; 8,999 laying hens or broilers with a liquid manure handling system; 24,999 laying hens without a liquid manure handling system; 37,499 chickens other than laying hens without a liquid manure handling system; 1,499 ducks with a liquid manure handling system; or 9,999 ducks without a liquid manure handling system.
(4) “Domestic fowl” means laying hens, broilers, ducks, turkeys, or any other number or type of fowl that the Secretary deems domestic fowl.
(5) “Livestock” means cattle, swine, sheep, goats, and horses, or any other number and type of domestic animal that the Secretary deems livestock. (Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004; amended 2015, No. 39, § 13.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4859. Public notice and hearing

§ 4859. Public notice and hearing
The Secretary shall issue public notices and conduct public hearings regarding the issuance of general or individual permits under this subchapter consistent with the requirements set forth in 40 C.F.R. Part 124. (Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4861. Appeal

§ 4861. Appeal
A person aggrieved by a permit decision of the Secretary under this subchapter may seek de novo review by the Environmental Division within 30 days of the decision of the Secretary. A person aggrieved by a final ruling of the Secretary on an application for coverage under a general permit adopted pursuant to this section may appeal to the Environmental Division; provided, however, that the appeal shall be limited in scope to whether the medium farm complies with the terms and conditions of the general permit. For purposes of this section, “a person aggrieved ” means a person who alleges an injury to a particularized interest where the injury is attributable to an act or decision by the Secretary under this subchapter and the injury can be redressed by the Environmental Division or the Supreme Court. (Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004; amended 2009, No. 154 (Adj. Sess.), § 236.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4926. Definitions

§ 4926. Definitions
As used in this subchapter:
(1) “Surface water” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and all bodies of surface waters that are contained within, flow through, or border upon the State or any portion of it. “Surface water” does not include the following:
(A) groundwater as defined in 10 V.S.A. § 1391;
(B) artificial waterbodies as defined under section 29A-101(d) of the Vermont Water Quality Standards;
(C) treatment ponds, lagoons, or wetlands created solely to meet the requirements of a permit issued for a discharge; and
(D) constructed off-stream farm ponds or other off-stream impoundments that are used for irrigation for farming or watering of livestock.
(2) “Withdrawal” means the intentional diversion from a surface water by pumping, gravity, or other method for the purpose of being used for irrigation for farming, livestock watering, or other uses for farming. “Withdrawal” does not include direct consumption of surface water by livestock. (Added 2021, No. 135 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4927. Report of surface water withdrawals for irrigation, livestock watering, or other farming use

§ 4927. Report of surface water withdrawals for irrigation, livestock watering, or other farming use
(a) Report of withdrawal. Beginning on January 15, 2023 and annually thereafter, any person who withdrew 10,000 gallons or more of surface water within a 24-hour period in the preceding calendar year or 150,000 gallons or more of surface water over any 30-day period in the preceding calendar year shall file a report with the Secretary of Agriculture, Food and Markets. The report shall be made on a form provided by the Secretary and shall include all of the following information:
(1) an estimate of the total amount of water withdrawn in the preceding calendar year;
(2) the location of the withdrawals;
(3) the daily maximum withdrawal for each month;
(4) the date of each daily maximum withdrawal; and
(5) any other information related to surface water withdrawal required by the Secretary of Agriculture, Food and Markets.
(b) Sharing of data. Beginning February 1, 2023 and annually thereafter, the Secretary of Agriculture, Food and Markets shall submit to the Secretary of Natural Resources the data collected under this section for the purposes of the report to the General Assembly required by 10 V.S.A. § 1045. (Added 2021, No. 135 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4961. Purpose

§ 4961. Purpose
The purposes of this subchapter are to:
(1) enhance the economic viability of farms in Vermont;
(2) improve the health and productivity of the soils of Vermont;
(3) encourage farmers to implement regenerative farming practices;
(4) reduce the amount of agricultural waste entering the waters of Vermont;
(5) enhance crop resilience to rainfall fluctuations and mitigate water damage to crops, land, and surrounding infrastructure;
(6) promote cost-effective farming practices;
(7) reinvigorate the rural economy; and
(8) help the next generation of Vermont farmers learn regenerative farming practices so that farming remains integral to the economy, landscape, and culture of Vermont. (Added 2019, No. 64, § 11.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4962. Definitions

§ 4962. Definitions
As used in this subchapter:
(1) “Certified Vermont Environmental Steward” means an owner or operator of a farm who has achieved the thresholds for the Vermont Environmental Stewardship Program to be certified as a farm that improves soil health and contributes to improving water quality.
(2) “Regenerative farming” means a series of cropland management practices that:
(A) contributes to generating or building soils and soil fertility and health;
(B) increases water percolation, increases water retention, and increases the amount of clean water running off farms;
(C) increases biodiversity and ecosystem health and resiliency; and
(D) sequesters carbon in agricultural soils. (Added 2019, No. 64, § 11.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4963. Regenerative farming; Vermont Environmental Stewardship Program

§ 4963. Regenerative farming; Vermont Environmental Stewardship Program
(a) Establishment of Program. There is created within the Agency of Agriculture, Food and Markets the Vermont Environmental Stewardship Program (VESP) to provide technical and financial assistance to Vermont farmers seeking to implement regenerative farming practices to achieve certification as a Certified Vermont Environmental Steward.
(b) Program standards; application. The Secretary of Agriculture, Food and Markets shall establish by procedure standards for certification as a Certified Environmental Steward. Application for certification shall be made in the manner required by the Secretary of Agriculture, Food and Markets.
(c) Program services. The VESP shall provide the following services to farmers voluntarily seeking to transition to achieve certification as a Certified Vermont Environmental Steward:
(1) information and education regarding the requirements for certification, including the method, timeline, and process of certification;
(2) technical assistance in completing any required application for certification;
(3) technical assistance in developing plans and implementing practices to achieve certification from the VESP; and
(4) technical assistance in complying with the requirements of the VESP after a farm is certified.
(d) Financial assistance; eligibility. An owner or operator of a farm participating in the VESP shall be eligible for financial assistance from existing Agency of Agriculture, Food and Markets financial assistance programs for costs incurred in implementing any of the practices required for certification as a Certified Environmental Steward.
(e) Revocation of certification. The Secretary may, after due notice and hearing, revoke a certification issued under this section when the owner or operator of a certified farm fails to comply with the standards for certification established under subsection (b) of this section.
(f) Administrative penalty; falsely advertising. The Secretary may assess an administrative penalty of up to $1,000.00 against the owner or operator of a farm who knowingly advertises as a Certified Environmental Steward when not certified by the Secretary. (Added 2019, No. 64, § 11.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4981. Agricultural Water Quality Training

§ 4981. Agricultural Water Quality Training
(a) On or before July 1, 2016, as part of the revisions of the Required Agricultural Practices, the Secretary of Agriculture, Food and Markets shall adopt by rule requirements for training classes or programs for owners or operators of small farms, medium farms, or large farms certified or permitted under this chapter regarding:
(1) the prevention of discharges, as that term is defined in 10 V.S.A. § 1251(3); and
(2) the mitigation and management of stormwater runoff, as that term is defined in 10 V.S.A. § 1264, from farms.
(b) Any training required under this section shall address:
(1) the existing statutory and regulatory requirements for operation of a large, medium, or small farm in the State;
(2) the management practices and technical and financial resources available to assist in compliance with statutory or regulatory agricultural requirements;
(3) the land application of manure or nutrients, methods or techniques to minimize the runoff of land-applied manure or nutrients to waters of the State, and identification of weather or soil conditions that increase the risk of runoff of land-applied manure or nutrients to waters of the State; and
(4) standards required for nutrient management, including nutrient management planning.
(c) The Secretary shall include the training required by this section as a condition of a large farm permit, medium farm permit, or small farm certification required under this chapter. The Secretary may phase in training requirements under this section based on farm size, permit or certification category, or available staffing. On or before July 1, 2017, the Secretary shall establish a schedule by which all owners or operators of small farms, medium farms, or large farms shall complete the training required by this section.
(d) The Secretary may approve or authorize the training required by this section to be conducted by other entities, including the University of Vermont Extension Service and the natural resources conservation districts.
(e) The Secretary shall not charge the owner or operator of a large, medium, or small farm for the training required by this section. The Secretary shall pay for the training required under this section from funds available to the Agency of Agriculture, Food and Markets for water quality initiatives. (Added 2015, No. 64, § 15.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4987. Definitions

§ 4987. Definitions
As used in this subchapter, “custom applicator” means a person who is engaged in the business of applying manure or agricultural waste to land and who charges or collects other consideration for the service. Custom applicator shall include full-time employees of a person engaged in the business of applying manure or agricultural waste to land when the employees apply manure or agricultural waste to land. A certification fee of $30.00 will be charged annually to all persons meeting this definition. (Added 2015, No. 64, § 16; amended 2015, No. 149 (Adj. Sess.), § 23; 2021, No. 47, § 7.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4988. Certification of custom applicator

§ 4988. Certification of custom applicator
(a) On or before July 1, 2016, as part of the revision of the Required Agricultural Practices, the Secretary of Agriculture, Food and Markets shall adopt by rule a process by which a custom applicator shall be certified to operate within the State. The certification process shall require a custom applicator to complete eight hours of training over each five-year period regarding:
(1) application methods or techniques to minimize the runoff of land-applied manure or agricultural waste to waters of the State; and
(2) identification of weather or soil conditions that increase the risk of runoff of land-applied manure or agricultural waste to waters of the State.
(b) A custom applicator shall not apply manure or agricultural waste unless certified by the Secretary of Agriculture, Food and Markets.
(c) A custom applicator certified under this section shall train seasonal employees in methods or techniques to minimize runoff to surface waters and to identify weather or soil conditions that increase the risk of runoff. A custom applicator that trains a seasonal employee under this subsection shall be liable for damages done and liabilities incurred by a seasonal employee who improperly applies manure or agricultural waste.
(d) The requirements of this section shall not apply to:
(1) an owner or operator of a farm applying manure or agricultural waste to a field that he or she owns or controls; or
(2) application of manure or agricultural waste by a farm owner or operator on a field of another farm owner or operator when the total annual volume applied is less than 50 percent of the annual manure or agricultural waste by volume generated on the farm where the manure or agricultural waste is spread, provided that the Secretary may approve the application of more than 50 percent of the annual manure or agricultural waste generated on a farm by another farm operator when circumstances require and application of the manure or agricultural waste would not pose a significant potential of discharge or runoff to State waters.
(e) The Secretary may require any person applying manure or agricultural waste under subdivision (d)(2) of this section to comply with the requirement for certification of a custom applicator. (Added 2015, No. 64, § 16; amended 2019, No. 129 (Adj. Sess.), § 15; 2021, No. 47, § 7.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4989. Certification of nutrient management plan technical service providers

§ 4989. Certification of nutrient management plan technical service providers
(a) The Secretary of Agriculture, Food and Markets shall adopt by rule a process by which a nutrient management technical service provider shall be certified to operate within the State. The certification process shall require a nutrient management technical service provider to complete eight hours of training over each five-year period regarding:
(1) calculating manure and agricultural waste generation;
(2) taking soil and manure samples;
(3) identifying and creating maps of all natural resource features;
(4) use of erosion calculation tools;
(5) reconciling plans using records;
(6) use of nutrient index tools; and
(7) requirements within the Required Agricultural Practices, Medium Farm Operation rules and general permit, and Large Farm Operation rules.
(b) Beginning 45 days after the effective date of the rule adopted by the Secretary of Agriculture, Food and Markets under subsection (a) of this section to regulate nutrient management technical service providers, a nutrient management technical service provider shall not create a nutrient management plan for a farm unless certified by the Secretary of Agriculture, Food and Markets. (Added 2017, No. 194 (Adj. Sess.), § 5a, eff. May 30, 2018; amended 2019, No. 64, § 10.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4991. Purpose

§ 4991. Purpose
The purpose of this subchapter is to provide the Secretary of Agriculture, Food and Markets with the necessary authority to enforce the agricultural water quality requirements of this chapter. When the Secretary of Agriculture, Food and Markets determines that a person subject to the requirements of the chapter is violating a requirement of this chapter, the Secretary shall respond to and require discontinuance of the violation. The Secretary may respond to a violation of the requirements of this chapter by:
(1) issuing a corrective action order under section 4992 of this title;
(2) issuing a cease and desist order under section 4993 of this title;
(3) issuing an emergency order under section 4993 of this title;
(4) revoking or conditioning coverage under a permit or certification under section 4994 of this title;
(5) bringing a civil enforcement action under section 4995 of this title;
(6) referring the violation to the Secretary of Natural Resources for enforcement under 10 V.S.A. chapter 201; or
(7) pursuing other action, such as consulting with a farmer, within the authority of the Secretary to ensure discontinuance of the violation and remediation of any harm caused by the violation. (Added 2015, No. 64, § 17; amended 2021, No. 105 (Adj. Sess.), § 146, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4992. Corrective actions; administrative enforcement

§ 4992. Corrective actions; administrative enforcement
(a) When the Secretary of Agriculture, Food and Markets receives a complaint and determines that a farmer is in violation of the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter, the Secretary shall notify the farmer of the complaint, including the alleged violation. The Secretary shall not be required to identify the source of the complaint.
(b) When the Secretary of Agriculture, Food and Markets determines that a person is violating the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter, the Secretary may issue a written warning that shall be served in person or by certified mail, return receipt requested. A warning issued under this subsection shall include:
(1) a description of the alleged violation;
(2) identification of this section;
(3) identification of the applicable statute, rule, or permit condition violated;
(4) the required corrective actions that the person shall take to correct the violation; and
(5) a summary of federal and State assistance programs that may be utilized by the person to assist in correcting the violation.
(c) A person issued a warning under this section shall have 30 days to respond to the written warning and shall provide an abatement schedule for curing the violation and a description of the corrective action to be taken to cure the violation.
(d) If a person who receives a warning under this subsection fails to respond in a timely manner to the written warning or to take corrective action, the Secretary may act pursuant to section 4993 or section 4995 of this section in order to protect water quality. (Added 2015, No. 64, § 17.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4993. Administrative enforcement; cease and desist orders; emergency orders

§ 4993. Administrative enforcement; cease and desist orders; emergency orders
(a) Notwithstanding the requirements of section 4992 of this title, the Secretary at any time may pursue one or more of the following enforcement actions:
(1) Issue a cease and desist order in accordance with the requirements of subsection (b) of this section to a person the Secretary believes to be in violation of the requirements of this chapter.
(2) Issue emergency administrative orders to protect water quality when an alleged violation, activity, or farm practice:
(A) presents an immediate threat of substantial harm to the environment or immediate threat to the public health or welfare;
(B) is likely to result in an immediate threat of substantial harm to the environment or immediate threat to the public health or welfare; or
(C) requires a permit or amendment to a permit issued under this chapter and a farm owner or operator has commenced an activity or is continuing an activity without a permit or permit amendment.
(3) Institute appropriate proceedings on behalf of the Agency of Agriculture, Food and Markets to enforce the requirements of this chapter, rules adopted under this chapter, or a permit or certification issued under this chapter.
(4) Order mandatory corrective actions, including a requirement that the owner or operator of a farm sell or otherwise remove livestock from a farm or production area when the volume of waste produced by livestock on the farm exceeds the infrastructure capacity of the farm or the production area to manage the waste or waste leachate and prevent runoff or leaching of wastes to waters of the State or groundwater, as required by this chapter.
(5) Seek administrative or civil penalties in accordance with the requirements of section 15, 16, 17, or 4995 of this title. Notwithstanding the requirements of section 15 of this title to the contrary, the maximum administrative penalty issued by the Secretary under this section shall not exceed $5,000.00 for each violation, and the maximum amount of any administrative penalty assessed for separate and distinct violations of this chapter shall not exceed $50,000.00.
(b) A person may request that the Secretary hold a hearing on a cease and desist order or an emergency order issued under this section within five days of receipt of the order. Upon receipt of a request for a hearing, the Secretary promptly shall set a date and time for a hearing. A request for a hearing on a cease and desist order or emergency order issued under this section shall not stay the order. (Added 2015, No. 64, § 17.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4994. Permit or certification; revocation; enforcement

§ 4994. Permit or certification; revocation; enforcement
The Secretary may, after due notice and hearing, revoke or condition coverage under a general permit, an individual permit, a small farm certification, or other permit or certification issued under this chapter or rules adopted under this chapter when the person subject to the permit or certification fails to comply with a requirement of this chapter or any term, provision, or requirements of a permit or certification required by this chapter. The Secretary may also seek enforcement remedies and penalties under this subchapter against any person who fails to comply with any term, provision, or requirement of a permit or certification required by this chapter or who violates the terms or conditions of coverage under any general permit, any individual permit, or any certification issued under this chapter. (Added 2015, No. 64, § 17.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 215 - Agricultural Water Quality › § 4996. Appeals; enforcement

§ 4996. Appeals; enforcement
(a) Any person subject, under this subchapter, to an administrative enforcement order, an administrative penalty, or revocation of a permit or certification who is aggrieved by a final decision of the Secretary may appeal to the Civil Division of Superior Court within 30 days of the decision. The Chief Superior judge may specially assign an Environmental judge to the Civil Division of Superior Court for the purpose of hearing an appeal.
(b) If the Secretary issues an emergency order under this chapter, the person subject to the order may request a hearing before the Civil Division of Superior Court. Notice of the request for hearing under this subsection shall be filed with the Civil Division of Superior Court and the Secretary within five business days after receipt of the order. A hearing on the emergency order shall be held at the earliest possible time and shall take precedence over all other hearings. The hearing shall be held within five business days after receipt of the notice of the request for hearing. A request for hearing on an emergency order shall not stay the order. The Civil Division of the Superior Court shall issue a decision within five business days from the conclusion of the hearing and not later than 30 days from the date the notice of request for hearing was received by the person subject to the order.
(c) The Civil Division of the Superior Court shall review appeals under this section on the record pursuant to Rule 74 of the Vermont Rules of Civil Procedure. (Added 2015, No. 64, § 17; amended 2017, No. 11, § 2; 2021, No. 105 (Adj. Sess.), § 148, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 216 - Farmers' Markets › § 5001. Definition

§ 5001. Definition
As used in this chapter, “farmers’ market” shall mean an event or series of events at which two or more vendors of agricultural products, as defined in 11 V.S.A. § 991, gather for purposes of offering for sale to the public their agricultural products. (Added 2009, No. 109 (Adj. Sess.), § 1, eff. May 18, 2010; amended 2023, No. 6, § 68, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 216 - Farmers' Markets › § 5002. Vermont Farmers’ Market Association membership

§ 5002. Vermont Farmers’ Market Association membership
(a) Farmers’ markets in this State that meet the minimum standards and best practices set forth in subsection (b) of this section may become members of the Vermont Farmers’ Market Association.
(b) The Vermont Farmers’ Market Association shall:
(1) develop minimum standards and best practices for the management and use of farmers’ markets in this State and shall submit them to the Agency of Agriculture, Food and Markets for recommendations;
(2) extend memberships to farmers’ markets that meet the standards and best practices established under subdivision (1) of this subsection; and
(3) prepare an annual report of its activities, including a financial statement, and make the report available to the Agency of Agriculture, Food and Markets and other interested parties not later than April 1 of each year. (Added 2009, No. 109 (Adj. Sess.), § 1, eff. May 18, 2010; amended 2021, No. 105 (Adj. Sess.), § 149, eff. July 1, 2022.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 217 - Pollinator-Friendly Solar Generation Standard › § 5101. Definitions

§ 5101. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Agriculture, Food and Markets.
(2) “Invasive species” means any species of vegetation that:
(A) is designated as a noxious weed on the Agency’s Noxious Weed Rule under chapter 84 of this title;
(B) is listed on the Vermont Invasive Exotic Plant Committee Watch List;
(C) has been quarantined by the Agency as invasive; or
(D) has been determined to be invasive by the Agency of Natural Resources.
(3) “Native” refers to perennial vegetation that is native to Vermont. Native perennial vegetation does not include invasive species.
(4) “Naturalized” refers to perennial vegetation that is not native to Vermont but is now considered to be well established and part of Vermont flora. Naturalized perennial vegetation does not include invasive species.
(5) “Owner” means a public or private entity that has a controlling interest in the solar site.
(6) “Perennial vegetation” means wildflowers, forbs, shrubs, sedges, rushes, and grasses that serve as habitat, forage, and migratory way stations for pollinators.
(7) “Pollinator” means bees, birds, bats, and other insects or wildlife that pollinate flowering plants and includes wild and managed insects.
(8) “Solar site” means a ground-mounted solar system for generating electricity and the area surrounding that system under the control of the owner.
(9) “Vegetation management plan” means a written document that includes short- and long-term site management practices that will provide and maintain native and naturalized perennial vegetation. (Added 2017, No. 163 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 217 - Pollinator-Friendly Solar Generation Standard › § 5102. Beneficial habitat standard

§ 5102. Beneficial habitat standard
(a) This section establishes a standard for owners that intend to claim that, through the voluntary planting and management of vegetation, a solar site provides greater benefits to pollinators and shrub-dependent birds than are provided by solar sites not so managed.
(b) In order for the solar site to meet the beneficial habitat standard and for the owner of a solar site to claim that the solar site is beneficial to those species or is pollinator-friendly, all the following shall apply:
(1) The owner adheres to guidance set forth by the Pollinator-Friendly Scorecard (Scorecard) published by the University of Vermont (UVM) Extension.
(2) The owner shall make the solar site’s completed Scorecard available to the public and provide a copy of the completed Scorecard to the UVM Extension.
(3) If the site has a vegetation management plan:
(A) The plan shall maximize the use of native and naturalized perennial vegetation for foraging habitat beneficial to pollinators consistent with the solar site’s Scorecard.
(B) The owner shall make the vegetation management plan available to the public and provide a copy of the plan to the UVM Extension.
(4) When establishing perennial vegetation and beneficial foraging habitat, the solar site shall use native and naturalized plant species and seed mixes whenever practicable.
(c) Nothing in this chapter affects any findings that must be made in order to issue a State permit or other approval for a solar site or the duty to comply with any conditions in such a permit or approval. (Added 2017, No. 163 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 218 - Agricultural Residuals Management › § 5132. Definitions

§ 5132. Definitions
As used in this chapter:
(1) “Agency” means the Agency of Agriculture, Food and Markets.
(2) “Compost” means a stable humus-like material produced by the controlled biological decomposition of organic matter through active management but shall not mean sewage, septage, or materials derived from sewage or septage.
(3) “Farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming that meets the threshold criteria for regulation under the Required Agricultural Practices.
(4) “Farming” has the same meaning as in 10 V.S.A. § 6001(22).
(5) “Food processing residuals” means the remaining organic material from a food processing plant and may include whey and other dairy, cheese making, and ice cream residuals or residuals from any food manufacturing process excluding livestock or poultry slaughtering and rendering operations. “Food processing residuals” do not include food residuals from markets, groceries, or restaurants.
(6) “Food residuals” means source separated and uncontaminated material that is derived from processing or discarding of food and that is recyclable or compostable. “Food residuals” may include preconsumer and postconsumer food scraps. “Food residuals” include meat and meat-related products when the disposition of the products is managed on a farm.
(7) “Secretary” means the Secretary of Agriculture, Food and Markets.
(8) “Source separation” has the same meaning as in 10 V.S.A. § 6602. (Added 2021, No. 41, § 3, eff. May 20, 2021.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 218 - Agricultural Residuals Management › § 5133. Food residuals; rulemaking

§ 5133. Food residuals; rulemaking
(a) The Secretary shall regulate the importation of food residuals or food processing residuals onto a farm.
(b)(1) The Secretary shall adopt by rule requirements for the management of food residuals and food processing residuals on a farm. The rules may include requirements regarding:
(A) the proper composting of food residuals or food processing residuals;
(B) destruction of pathogens in food residuals, food processing residuals, or compost;
(C) prevention of public health threat from food residuals, food processing residuals, or compost;
(D) protection of natural resources or the environment; and
(E) prevention of objectionable odors, noise, vectors, or other nuisance conditions.
(2) The Secretary may adopt the rules required by this section as part of the Required Agricultural Practices or as independent rules under this chapter.
(3) The rules shall prohibit a farm from initiating the production of compost from food residuals or food processing residuals imported onto the farm on or after July 1, 2021 within a downtown, village center, new town center, neighborhood development area, or growth center designated under 24 V.S.A. chapter 76a, unless the municipality has expressly allowed composting in the designated area under the municipal zoning or subdivision bylaws or in an approved municipal plan.
(4) The rules adopted under this section shall be designed to reduce odor, noise, vectors, and other nuisance conditions on farms and to protect the public health and the environment in a manner that is equal to or better than the rules for compost facilities in the Agency of Natural Resources’ Vermont Solid Waste Management Rules, as amended.
(c) A farm producing compost under 10 V.S.A. § 6001(22)(H) shall be regulated under this chapter and shall not require a certification or other approval from the Agency of Natural Resources under 10 V.S.A. chapter 159. (Added 2021, No. 41, § 3, eff. May 20, 2021.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 219 - Agricultural Fairs and Field Days › § 5151. Purpose

§ 5151. Purpose
It is the purpose of this chapter to recognize the importance of agricultural fairs and field days to the State’s farmers, food producers, rural communities, and economy. It is State policy that agricultural fairs and field days benefit the State and its citizens and that their continued successful operations should be supported in every region of the State. (Added 2023, No. 73, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 219 - Agricultural Fairs and Field Days › § 5152. Definitions

§ 5152. Definitions
As used in this chapter:
(1) “Agricultural fair” or “field days” means an exhibition held at least annually by an agricultural fair association that offers premiums for competitive exhibits in at least five different categories.
(2) “Agricultural fair association” means an organization or association incorporated under State law that is governed by an elected board of directors that operate fairs and agricultural shows that promote or exhibit the work of farmers and others who produce, process, market, or distribute farm and food products, including livestock, poultry, fish, fruits, vegetables, fiber, horticultural products, maple products, honey, Christmas trees, or other agricultural products.
(3) “Competitive exhibit” means an open competition designed to demonstrate the quality, improvements, or benefits of grains, fruits, vegetables, cultivated flowers, livestock, poultry, fish, bees, maple products, honey, dairy products, agricultural practices, or other agricultural crops or products. To qualify as a competitive exhibit, there must be at least three entries per category.
(4) “General operation” means the goods and services utilized to operate a fair in the ordinary course of business that generate ordinary expenses, excluding plant improvements.
(5) “Plant improvement” means an improvement of fixtures, machinery, apparatus, equipment, display facilities, buildings, or other infrastructure used for a fair.
(6) “Secretary” means the Secretary of Agriculture, Food and Markets. (Added 2023, No. 73, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 6 - Agriculture › Chapter 219 - Agricultural Fairs and Field Days › § 5153. Application of chapter

§ 5153. Application of chapter
This chapter shall apply to the Secretary’s distribution of grants to agricultural fair associations whenever funds are appropriated to the Agency of Agriculture, Food and Markets for State fair or field days organizations without distinct requirements that otherwise dictate how to allocate the funds. (Added 2023, No. 73, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 7 - Alcoholic Beverages, Cannabis, and Tobacco › Chapter 1 - General Provisions › § 1. Construction

§ 1. Construction
This title is based on the taxing power and the police power of the State and is for the protection of the public welfare, good order, health, peace, safety, and morals of the people of the State. The provisions of this title shall be liberally construed to accomplish its purposes. (Amended 2017, No. 83, § 1.)