§ 5753 — Agricultural activities; protection from nuisance lawsuits

Vermont § 5753

• Jurisdiction: Vermont
• Title 12: Title 12: Court Procedure
• Ch. 195: Chapter 195: Nuisance Suits Against Agricultural Activities

Text

(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.)