Lawmakers press ANR for narrow 'de‑minimis' exemptions for on‑farm events; agency offers pre‑consultation and permit‑assistance options

Lawmakers at the Senate Agriculture Committee pressed Agency of Natural Resources officials for modest, narrowly tailored regulatory relief that would let small on‑farm accessory activities — such as occasional weddings, farm stands or weekend music — proceed without triggering full Act 250 land‑use reviews or onerous wastewater permitting for tiny, infrequent events.

Committee members described common examples: a small stage used mostly for hay storage but occasionally for a band, or a farm dinner that grows to include music and draws the public. "We're just trying to get maybe to the next half a step as far as to where our on farm accessories could be without getting a full exemption on everything that they want to do," one senator said, asking the agency to consider narrowly targeted relief.

Brian Redmond, identified in the transcript as director of the drinking water and groundwater protection division, explained which regulatory touchpoints apply to accessory uses and flagged two kinds of flexibility already in the rules. He noted that the Environmental Protection Rule includes an existing special‑events exemption (he described a short‑duration exemption for up to 12 special events per year) and a 28‑day exemption for some situations. "Special events 12 times a year are exempt under our rules," Redmond said, adding that some projects have already been permitted to operate restaurants or event spaces on a limited basis.

Redmond proposed agency solutions to reduce surprises and regulatory back‑and‑forth: a pre‑consultation or pre‑permitting pathway to help farmers get the right permit early, and study of a de‑minimis category for land application of non‑sewage waste that would allow small beneficial uses to proceed without full indirect‑discharge permitting. "Some sort of pre‑consultation, pre‑permanent consultation to help people get on the right foot early on in the process," he said.

Committee members suggested ANR coordinate with existing business‑planning and farm viability services (VHCB, Vermont Sustainable Jobs Fund, local extension and business planners) and proposed a stakeholder subgroup or roster of real examples so that any exemption or special permit is narrowly drawn and unlikely to be abused.

ANR said it would articulate existing exemptions that already help small operations, propose administrative fixes where appropriate and work with the Agency of Agriculture and other partners to explore de‑minimis approaches. The agency also reiterated that any change that affects Act 250 thresholds would require coordination beyond ANR.

The discussion closed with ANR agreeing to consider a list of thresholds, to return with options and to coordinate on outreach and technical assistance for farmers.