What is farming?
(a) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops; or
(b) the raising, feeding or management of livestock, poultry, fish or bees; or
(c) the operation of greenhouses; or
(d) the production of maple syrup; or
(e) the on-site storage, preparation and sale of agricultural products principally produced on the farm; or
(f) the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or
(g) the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines.
VT_Required_Agricultural_Practices_Rule_2018
What is a farm structure?
A structure that is used by a person for farming including a silo, a building to house livestock or raise horticultural or agronomic plants, or customarily used to carry out the agricultural practices defined in Section 3.2 of these rules. It includes a barnyard or waste management system, either of which is created from an assembly of materials including the supporting fill necessary for structural integrity, but excludes a dwelling for human habitation. A farm structure also must be used by a person who can demonstrate the minimum threshold criteria as found in Section 3.1 of these rules.
Section 3.1: Persons engaged in farming and the agricultural practices as defined in Section 3.2 of this rule and who meet the minimum threshold criteria for applicability of this rule as found in Section 3.1(a) – (g) must meet all applicable Required Agricultural Practices conditions, restrictions, and operating standards. Persons engaged in farming who are in compliance with these conditions, restrictions, and operating standards, as applicable, shall be presumed to not have a discharge of agricultural wastes to waters of the State. Compliance with the Required Agricultural Practices Rule is required if a person:
(a) is required to be permitted or certified by the Secretary, consistent with the requirements of 6 V.S.A. Chapter 215 and this rule; or
(b) has produced an annual gross income from the sale of agricultural products of $2,000.00 or more in an average year; or
(c) is preparing, tilling, fertilizing, planting, protecting, irrigating, and harvesting crops for sale on a farm that is no less than 4.0 contiguous acres in size; or
(d) is raising, feeding, or managing at least the following number of adult livestock on a farm that is no less than 4.0 contiguous acres in size:
(1) four equines;
(2) five cattle, cows, or American bison;
(3) 15 swine;
(4) 15 goats;
(5) 15 sheep;
(6) 15 cervids;
(7) 50 turkeys;
(8) 50 geese;
(9) 100 laying hens;
(10) 250 broilers, pheasant, Chukar partridge, or Coturnix quail;
(11) three camelids;
(12) four ratites;
(13) 30 rabbits;
(14) 100 ducks;
(15) 1,000 pounds of cultured trout; or
(16) other livestock types, combinations, or numbers as designated by the Secretary based upon or resulting from the impacts upon water quality consistent with this rule; or
(e) is raising, feeding, or managing other livestock types, combinations, and numbers, or managing crops or engaging in other agricultural practices on less than 4.0 contiguous acres in size that the Secretary has determined, after the opportunity for a hearing, to be causing adverse water quality impacts and in a municipality where no ordinances are in place to manage the activities causing the water quality impacts; or
(f) is managed by a farmer filing with the Internal Revenue Service a 1040(F) income tax statement in at least one of the past two years; or
(g) has a prospective business or farm management plan, approved by the Secretary, describing how the farm will meet the threshold requirements of this section.
VT_Required_Agricultural_Practices_Rule_2018
Why does it matter?
Individuals conducting “farming” and/or constructing a “farm structure” per the definitions above do not fall under local land use and development jurisdiction, but rather must conform to the State’s rules and requirements (see below).
***IMPORTANT ****
The Westford Administrative Officer determines whether an operation and/or structure meets the State of Vermont’s definition of “farming” and/or “farm structure”.
Even if the State definitions are met, “farm Structures” must meet local setback requirements unless a variance is granted by the Agency of Agriculture, Foods & Markets.
If the Administrative Officer determines you do not meet the State’s definitions of “farming” and/or “farm structure” all local land use and development regulations apply to your property. Visit the Land Use & Development Regulation page or Planning & Zoning Office for more information.
Farm structures may not be used for non-farming purposes without first receiving a change of use permit from the Westford Administrative Officer. In order to receive said permit the Applicant must prove the structure MEETS ALL THE LOCAL LAND USE & DEVELOPMENT REGULATIONS.
All individuals conducting “farming” operations and/or owning “farm structures” MUST ABIDE BY THESE RULES AND REQUIREMENTS. STATE PERMITS AND/OR CERTIFICATIONS MAY BE REQUIRED.