Vermont 2025-2026 Regular Session Status: Enacted Bipartisan · 12 R · 10 D cosponsors

S 45 — An act relating to protection from nuisance suits for agricultural activities

Last action — Senate Message: Signed by Governor June 12, 2025

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 04, 2025. Enacted.

Signed by Governor Phil Scott (Republican) on June 13, 2025.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 22 sponsors

    22 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (12 R · 10 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

151 added · 129 removed

Plain-language change summary

The recent amendment to Bill S.45 establishes that individuals cannot file lawsuits related to nuisance or trespass against agricultural activities unless they first attempt mediation with the operators of those activities. This change emphasizes the importance of resolving disputes amicably and aims to protect the agricultural sector from potential legal challenges, thereby supporting its role in the economy and maintaining essential farmland. This is particularly significant as it helps ensure that agricultural production continues without the threat of frequent litigation, which can impede farming operations.

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AS PASSED BY SENATE S.45 Page 1 of 6 S.45 An act relating to protection from nuisance suits for agricultural activities It is hereby enacted by the General Assembly of the State of Vermont:
BILL AS INTRODUCED AND PASSED BY SENATE S.45 Page 1 of 7 S.45 Introduced by Senators Douglass, Beck, Brennan, Brock, Chittenden, Clarkson, Collamore, Cummings, Gulick, Harrison, Hart, Heffernan, Lyons, Major, Mattos, Norris, Perchlik, Watson, Weeks, Westman, White and Williams Referred to Committee on Judiciary Date:
February 4, 2025 Subject:
Court procedure;
agriculture;
nuisance suits;
agricultural activities;
right-to-farm Statement of purpose of bill as introduced:
This bill proposes to amend the protection against nuisance suits for agricultural activities under the Vermont right-to-farm law by providing that an agricultural activity shall not be a nuisance or trespass when the activity complies with generally accepted agricultural practices.
The nuisance and trespass protection for an agricultural activity would not apply whenever a nuisance or trespass violation results from the negligent operation of an agricultural activity or from a violation of the State agricultural water quality requirements.
The bill would also provide that an agricultural activity shall not lose nuisance or trespass protection due to a change of ownership or a cessation of operation of not more than five years;
a change of crops produced;
or a change of a farming method or conversion of a farming practice or agricultural activity to another farming method, practice, BILL AS INTRODUCED AND PASSED BY SENATE S.45 Page 2 of 7 or agricultural activity on a farm.
The act would also provide that a person shall not bring a court action based on a claim of nuisance or trespass arising from an agricultural activity unless the person and the operator of the agricultural activity, at least once, attempt to resolve through mediation the issue or dispute that the person has concerning operation of the agricultural activity.
An act relating to protection from nuisance suits for agricultural activities It is hereby enacted by the General Assembly of the State of Vermont:
and that the encouragement, development, improvement, and preservation of agriculture will result in a general benefit to the health and welfare of the people of the State.
and that the encouragement, development, improvement, and BILL AS INTRODUCED AND PASSED BY SENATE S.45 Page 3 of 7 preservation of agriculture will result in a general benefit to the health and welfare of the people of the State.
The General Assembly finds that agricultural activities are potentially subject to lawsuits based on the theory of nuisance, and that these suits encourage and could force the premature removal of the farmlands and other VT LEG #381873 v.1 AS PASSED BY SENATE S.45 Page 2 of 6 farm resources from agricultural use.
The General Assembly finds that agricultural activities are potentially subject to lawsuits based on the theory of nuisance, and that these suits encourage and could force the premature removal of the farmlands and other farm resources from agricultural use.
(2)(B) the preparation, tilling, fertilization, planting, protection, irrigation, and harvesting of crops;
BILL AS INTRODUCED AND PASSED BY SENATE S.45 Page 4 of 7 (2)(B) the preparation, tilling, fertilization, planting, protection, irrigation, and harvesting of crops;
§ 6001;
§ 6001;
§ 4802.
§ 4802.
VT LEG #381873 v.1 AS PASSED BY SENATE S.45 Page 3 of 6 (2) “Generally accepted agricultural practices” mean:
(2) “Generally accepted agricultural practices” mean:
(A) it is conducted in conformity with federal, State, and local laws and regulations (including required agricultural practices);
BILL AS INTRODUCED AND PASSED BY SENATE S.45 Page 5 of 7 (A) it is conducted in conformity with federal, State, and local laws and regulations (including required agricultural practices);
VT LEG #381873 v.1 AS PASSED BY SENATE S.45 Page 4 of 6 (2) The presumption that the agricultural activity does not constitute a nuisance may be rebutted by a showing that the activity has a substantial adverse effect on health, safety, or welfare, or has a noxious and significant interference with the use and enjoyment of the neighboring property No agricultural activity shall be or become a nuisance or trespass when the activity is conducted in accordance with generally accepted agricultural practices.
(2) The presumption that the agricultural activity does not constitute a nuisance may be rebutted by a showing that the activity has a substantial adverse effect on health, safety, or welfare, or has a noxious and significant interference with the use and enjoyment of the neighboring property No agricultural activity shall be or become a nuisance or trespass when the activity is conducted in accordance with generally accepted agricultural practices.
(c) The nuisance and trespass protection for an agricultural activity provided for under subsection (a) of this section shall not apply whenever a nuisance or trespass violation results from the negligent operation of an agricultural activity.
(c) The nuisance and trespass protection for an agricultural activity provided for under subsection (a) of this section shall not apply whenever a BILL AS INTRODUCED AND PASSED BY SENATE S.45 Page 6 of 7 nuisance or trespass violation results from the negligent operation of an agricultural activity.
VT LEG #381873 v.1 AS PASSED BY SENATE S.45 Page 5 of 6 (1) a change of ownership or a cessation of operation, in whole or in part, of not more than five years;
(1) a change of ownership or a cessation of operation, in whole or in part, of not more than five years;
§ 5755.
§ 5755.
REQUIRED MEDIATION PRIOR TO SUIT (a) A person shall not bring a court action based on a claim of nuisance or trespass arising from an agricultural activity unless the person and the operator of the agricultural activity, at least once, attempt to resolve through mediation the issue or dispute that the person has concerning operation of the agricultural activity.
REQUIRED MEDIATION PRIOR TO SUIT (a) A person shall not bring a court action based on a claim of nuisance or trespass arising from an agricultural activity unless the person and the operator of the agricultural activity, at least once, attempt to resolve through mediation BILL AS INTRODUCED AND PASSED BY SENATE S.45 Page 7 of 7 the issue or dispute that the person has concerning operation of the agricultural activity.
If the parties to the mediation are unable to resolve the relevant issue or dispute through mediation, the parties may agree VT LEG #381873 v.1 AS PASSED BY SENATE S.45 Page 6 of 6 to submit the issue or dispute to binding arbitration pursuant to 12 V.S.A.
If the parties to the mediation are unable to resolve the relevant issue or dispute through mediation, the parties may agree to submit the issue or dispute to binding arbitration pursuant to 12 V.S.A.
VT LEG #381873 v.1
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Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Senate Message: Signed by Governor June 12, 2025

  2. Signed by Governor on June 12, 2025

  3. Delivered to Governor on June 6, 2025

  4. Senate Message: Report of Committee of Conference adopted

  5. Rules suspended & ordered delivered to Governor forthwith, on motion of Senator Baruth

  6. As passed by Senate and House

  7. Committee of Conference report adopted

  8. Committee of Conference report submitted by Senator Norris for Committee, text

  9. Rules suspended & taken up for immediate consideration, on motion of Senator Baruth

  10. House message: House adopted Conference Committee report

  11. Rules suspended and bill messaged forthwith to the Senate as moved by Rep. McCoy of Poultney

  12. Committee of Conference report adopted (Senate bill)

  13. Rules suspended and taken up for immediate consideration, pending entry on Notice Calendar, as moved by Rep. McCoy of Poultney

  14. House message: House appointed Conference Committee members

  15. Speaker appointed Reps. Durfee of Shaftsbury, LaLonde of South Burlington, and Morgan, L. of Milton as members of the Committee of Conference on the part of the House

  16. Senate Message: House proposal of amendment not concurred in and Committee of Conference appointed

  17. Rules suspended & messaged to House forthwith, on motion of Senator Baruth

  18. Committee of Conference appointed: Senators Norris, Plunkett, and Ingalls

  19. House proposal of amendment not concurred in; Committee of Conference requested, on motion of Senator Hashim

  20. House proposal of amendment; text

  21. Rules suspended & taken up for immediate consideration, on motion of Senator Baruth

  22. House proposal of amendment

  23. Entered on Notice Calendar

  24. House message: House passed bill in concurrence with proposal(s) of amendment

  25. Rules suspended and bill messaged forthwith to the Senate as moved by Rep. McCoy of Poultney

  26. Read third time and passed in concurrence with proposal of amendment

  27. Rules suspended and bill placed in all remaining stages of passage as moved by Rep. McCoy of Poultney

  28. Third Reading ordered

  29. Report of Committee on Agriculture, Food Resiliency, and Forestry agreed to

  30. Rep. Durfee of Shaftsbury reported for the Committee on Agriculture, Food Resiliency, and Forestry

  31. Read second time

  32. Rules suspended and taken up for immediate consideration as moved by Rep. McCoy of Poultney

  33. Notice Calendar: Favorable with Amendment

  34. Rep. LaLonde of South Burlington moved that the Committee on Judiciary be relieved of the bill and that the same be committed to the Committee on Agriculture, Food Resiliency, and Forestry, which was agreed to

  35. Read first time and referred to the Committee on Judiciary

  36. Read 3rd time & passed

  37. New Business/Third Reading

  38. 3rd reading ordered on roll call Passed -- Needed 15 of 30 to Pass -- Yeas = 25, Nays = 5

  39. Roll Call, Requested by Sen. Collamore

  40. Reported favorably by Senator Norris for Committee on Judiciary

  41. Read 2nd time

  42. Favorable report by Committee on Judiciary

  43. Unfinished Business/Second Reading

  44. Favorable report by Committee on Judiciary

  45. New Business/Second Reading

  46. Favorable report by Committee on Judiciary

  47. Second Reading

  48. Entered on Notice Calendar

  49. Read 1st time & referred to Committee on Judiciary

Sponsors

Sponsorship breakdown

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22 sponsors · 0 co-sponsors · 168 not signed on · 1 voted No

Sponsors (22)

Co-sponsors (0)

None.

Not signed on (168)

168 members have not signed on to this bill.

Show all 168 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

3rd reading ordered on roll call Passed -- Needed 15 of 30 to Pass -- Yeas = 25, Nays = 5

Passed 25 Yea · 5 Nay
Party YeaNayPresentNot Voting
Democrat/Progressive 2100
Republican 14000
Democrat 8200
Unaffiliated 1100
Progressive/Democrat 0100
Total 25500
% of votes cast 83%17%0%0%
How each member voted (30)
Member Party Vote
White — Nay
Ram Hinsdale — Yea
Alison Clarkson Democrat Nay
Ann E Cummings Democrat Yea
Joseph "Joe" D Major Democrat Yea
Martine Larocque L Gulick Democrat Nay
Nader A Hashim Democrat Yea
Robert Plunkett Democrat Yea
Ruth E Hardy Democrat Yea
Seth Bongartz Democrat Yea
Thomas I Chittenden Democrat Yea
Virginia "Ginny" V Lyons Democrat Yea
Andrew J Perchlik Democrat/Progressive Yea
Anne E Watson Democrat/Progressive Nay
Philip E Baruth Democrat/Progressive Yea
Tanya C Vyhovsky Progressive/Democrat Nay
Brian P Collamore Republican Yea
Christopher P Mattos Republican Yea
David H Weeks Republican Yea
Jim F Harrison Republican Yea
Larry Hart Republican Yea
Patrick "Pat" M Brennan Republican Yea
Randy D Brock Republican Yea
Richard A Westman Republican Yea
Robert W Norris Republican Yea
Russ H Ingalls Republican Yea
Samuel A Douglass Republican Yea
Scott L Beck Republican Yea
Steven Heffernan Republican Yea
Terry K Williams Republican Yea

Official roll call →

Subjects

agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors S 45?
S 45 is sponsored by Terry K Williams (Republican), Rebecca "Becca" E White (Democrat), Richard A Westman (Republican), David H Weeks (Republican), Anne E Watson (Democrat/Progressive), Andrew J Perchlik (Democrat/Progressive), Robert W Norris (Republican), Christopher P Mattos (Republican), Joseph "Joe" D Major (Democrat), Virginia "Ginny" V Lyons (Democrat), Steven Heffernan (Republican), Larry Hart (Republican), Wendy K Harrison (Democrat), Martine Larocque L Gulick (Democrat), Ann E Cummings (Democrat), Brian P Collamore (Republican), Alison Clarkson (Democrat), Thomas I Chittenden (Democrat), Randy D Brock (Republican), Patrick "Pat" M Brennan (Republican), Scott L Beck (Republican), and Samuel A Douglass (Republican).
What is the current status of S 45?
This bill has been enacted into law. Introduced February 04, 2025. Enacted.
Where can I track S 45?
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