Vermont § 5753 - Agricultural activities; protection from nuisance lawsuits

§ 5753. Agricultural activities; protection from nuisance lawsuits

• (a) No agricultural activity shall be or become a nuisance when the activity is conducted
  in accordance with generally accepted agricultural practices. (b)(1) In order to assert nuisance protection under this chapter, 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. (2) A plaintiff alleging that an agricultural activity is a nuisance shall have the burden
  of proving by a preponderance of the evidence that: (A) the agricultural activity at issue is not entitled to the nuisance protection provided
  for under subsection (a) of this section because the agricultural activity is not
  conducted in accordance with generally accepted agricultural practice; and (B) if the plaintiff proves the agricultural activity is not entitled to nuisance protection
  under subsection (a) of this section, the required elements of their nuisance claim. (c) The nuisance protection for an agricultural activity provided for under subsection
  (a) of this section shall not apply if the plaintiff demonstrates one or more of the
  following: (1) A nuisance violation results from the negligent operation of an agricultural activity. (2) 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. (3) 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. (d) This chapter shall not restrict or impede the authority of the State to protect the
  public health, safety, environment, or welfare. (Added 1981, No. 68, eff. May 1, 1981; amended 2003, No. 149 (Adj. Sess.), § 12, eff. June 3, 2004; 2025, No. 61, § 1, eff. July 1, 2025.)