The bill H.407 aims to enhance protections against nuisance lawsuits for agricultural activities in Vermont by amending the existing right-to-farm law. It stipulates that agricultural activities will not be considered a nuisance or trespass if they comply with generally accepted agricultural practices. Additionally, the bill clarifies that nuisance protections will not apply if violations arise from negligent operations or breaches of state agricultural water quality standards. It also ensures that changes in ownership, cessation of operations for up to ten years, or modifications in crops or farming methods do not negate these 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 also places the burden of proof on the plaintiff to demonstrate that the agricultural activity does not adhere to generally accepted practices. The act is set to take effect on July 1, 2025.

Statutes affected:
As Introduced: 12-195