Title 06, Title 06: Agriculture

§ 4810a. Required Agricultural Practices; revision (a) The Secretary of Agriculture, Food and Markets shall maintain the Required Agricultural Practices in order to improve water quality in the State, ensure practices on all farms eliminate adverse impacts to water quality, and i…

§ 4811. Powers of Secretary The Secretary of Agriculture, Food and Markets in furtherance of the purposes of this chapter may: (1) Make, adopt, revise, and amend reasonable rules that define practices described in section 4810 of this title as well as other rules deemed necessary…

§ 4813. Basin management; appeals to the Environmental Division (a) The Secretary of Agriculture, Food and Markets shall cooperate with the Secretary of Natural Resources in the basin planning process with regard to the agricultural nonpoint source waste component of each basin p…

§ 4814. Education and technical assistance The Secretary of Agriculture, Food and Markets may: (1) Develop educational programs dealing with agricultural nonpoint source reduction, with the assistance of other organizations, utilizing various types of media, group meetings, tours…

§ 4815. Waste storage facility (a) No person shall construct a new waste storage facility or expand or modify a waste storage facility in existence on July 1, 2006 unless the facility meets the standard established for such facilities by the Natural Resources Conservation Service…

§ 4816. Seasonal application of manure (a) Prohibition on application. A person shall not apply manure to land in the State between December 15 and April 1 of any calendar year unless authorized by this section or as authorized under an emergency exemption granted by the Secretar…

§ 4817. Management of non-sewage waste (a) As used in this section: (1) “Non-sewage waste” means any waste other than sewage that may contain organisms pathogenic to human beings but does not mean stormwater runoff. (2) “Sewage” means waste containing human fecal coliform and oth…

§ 4818. Farming; scope of activities (a) As used to determine the scope of nuisance protection in 12 V.S.A. chapter 195, “agricultural activities” shall include “farming” as defined in this title. (b) For purposes of the application of 12 V.S.A. § 5753, all “agricultural activiti…

§ 4820. Definitions As used in this subchapter: (1) “RAPs” means “Required Agricultural Practices” as defined by the Secretary of Agriculture, Food and Markets pursuant to subchapter 1 of this chapter. (2) “Secretary” means the Secretary of Agriculture, Food and Markets. (3) “Age…

§ 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 a…

§ 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…

§ 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 defi…

§ 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 shal…

§ 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) i…

§ 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. …

§ 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 …

§ 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 re…

§ 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,…

§ 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 …

§ 4832. Farm Agronomic Practices Program The Farm Agronomic Practices Program is created in the Agency of Agriculture, Food and Markets to promote soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and redu…

§ 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 appropri…

§ 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, she…

§ 4851. Permit requirements for large farm operations (a) No person shall, without a permit from the Secretary, construct a new barn, or expand an existing barn, designed to house more than 700 mature dairy animals, 1,000 cattle or cow/calf pairs, 1,000 veal calves, 2,500 swine w…

§ 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 contaminati…

§ 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 t…

§ 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 …

§ 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,…

§ 4858. Medium farm operation permits (a) Authorization to operation. No person shall operate a medium farm without authorization from the Secretary pursuant to this section. Under exceptional conditions, specified in subsection (d) of this section, authorization from the Secreta…

§ 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.)…

§ 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 coverag…

§ 4871. Small farm certification (a) Small farm definition. As used in this section, “small farm” means a parcel or parcels of land: (1) on which 10 or more acres are used for farming; (2) that house not more than the number of animals specified under section 4857 of this title; …

§ 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 n…

§ 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 pre…

§ 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 agricultura…

§ 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…

§ 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 …

§ 4964. Agricultural Innovation Board (a) Creation. There is created the Agricultural Innovation Board that shall: (1) Review historic recommendations for pesticide reduction in the State and coordinate with existing work groups to avoid submitting to the General Assembly conflic…

§ 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 …

§ 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 …

§ 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…

§ 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 certificati…

§ 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 p…

§ 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 iss…

§ 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 accordanc…

§ 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 ado…

§ 4995. Civil enforcement (a) The Secretary may bring an action in the Civil Division of the Superior Court to enforce the requirements of this chapter, or rules adopted under this chapter, or any permit or certification issued under this chapter, to ensure compliance and to obta…