VT S0045

Agricultural activities conducted in accordance with generally accepted agricultural practices cannot be considered a nuisance under Vermont law, replacing the previous "rebuttable presumption" standard with stronger protection

Farmers must demonstrate "good standing with the State" (no unresolved enforcement violations) by obtaining letters from the Secretary of Agriculture, Food and Markets and/or Secretary of Natural Resources to claim nuisance protection

Plaintiffs bear the burden of proving by preponderance of evidence that farm activities violate generally accepted agricultural practices and meet nuisance claim elements

Nuisance protection does not apply if the plaintiff demonstrates negligent operation, substantial adverse health effects based on documented medical/scientific evidence, or noxious interference with neighboring property use

Mandatory mediation required before filing any nuisance lawsuit against agricultural operations, with costs shared equally between parties; effective July 1, 2025