The bill S.45 aims to enhance the protections against nuisance lawsuits for agricultural activities under Vermont's right-to-farm law. It stipulates that agricultural activities will not be considered a nuisance or trespass if they adhere to generally accepted agricultural practices. Additionally, the bill clarifies that these protections will not apply if a nuisance or trespass arises from negligent operations or violations of state agricultural water quality standards. The legislation also ensures that changes in ownership, cessation of operations for up to five years, or modifications in crops or farming methods do not negate the nuisance protections.

Furthermore, the bill introduces a requirement for mediation before any court action can be initiated regarding nuisance or trespass claims related to agricultural activities. Parties must attempt to resolve disputes through mediation, and if unsuccessful, they may proceed to binding arbitration. The bill emphasizes that the burden of proof lies with the plaintiff to demonstrate that the agricultural activity does not comply with generally accepted practices. The act is set to take effect on July 1, 2025.

Statutes affected:
As Introduced: 12-195