VermontS.452025-2026 SessionSenate

An act relating to protection from nuisance suits for agricultural activities

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 0 costs, 2 mixed.

Farm nuisance lawsuits require shared-cost mediation

Beginning July 1, 2025, claimants and farm operators must attempt mediation at least once before a farm nuisance lawsuit. Mediation must follow Vermont's Uniform Mediation Act, giving both sides a chance to settle outside court. Anyone filing the lawsuit must give the court a sworn statement confirming that mediation was attempted. The parties split the mediator's costs equally unless they agree otherwise. If mediation fails, both sides can agree to binding arbitration.

More farm protection, limits for neighbors

Beginning July 1, 2025, Vermont law presumes qualifying farm activities are not a nuisance. Activities must follow generally accepted agricultural practices, including applicable practice, permit, and pesticide rules and practices consistent with similar Vermont operators. Operators must have no active, unresolved violation tied to the activity that has reached a final state enforcement order. This covers orders from the state's natural resources or agriculture secretary. Protection does not cover negligent operation. It also excludes substantial harm to health, safety, or welfare supported by objective, documented medical or scientific evidence. That evidence must show the activity legally caused the harm. Protection also excludes noxious and significant interference with neighboring property legally caused by the activity. A person suing must prove it is more likely than not that protection does not apply and the nuisance claim's requirements are met. The state keeps its authority to protect public health, safety, the environment, and welfare.

Sponsors & Cosponsors

Sponsor

Sen. Samuel Douglass
Affiliation unavailable

Cosponsors

Alison Clarkson
Democratic • Senate
Andrew J Perchlik
Democrat/Progressive • Senate
Ann E Cummings
Democratic • Senate
Anne E Watson
Democrat/Progressive • Senate
Brian P Collamore
Republican • Senate
Christopher P Mattos
Republican • Senate
David H Weeks
Republican • Senate
Joseph "Joe" D Major
Democratic • Senate
Sen. Larry Hart
Affiliation unavailable
Martine Larocque L Gulick
Democratic • Senate
Patrick "Pat" M Brennan
Republican • Senate
Randy D Brock
Republican • Senate
Rebecca "Becca" E White
Democratic • Senate
Richard A Westman
Republican • Senate
Robert W Norris
Republican • Senate
Scott L Beck
Republican • Senate
Steven Heffernan
Republican • Senate
Terry K Williams
Republican • Senate
Thomas I Chittenden
Democratic • Senate
Virginia "Ginny" V Lyons
Democratic • Senate
Wendy K Harrison
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 25 • No: 5

Senate vote • 3/18/2025

3rd reading ordered on roll call Passed -- Needed 15 of 30 to Pass -- Yeas = 25, Nays = 5