Water Quality; Financial and Technical Assistance

V.S.A. tit. 6, ch. 215, subch. 3

in effect

6 V.S.A. § 4820 Definitions

4820. Definitions As used in this subchapter: (1) “RAPs” means “Required Agricultural Practices” as defined by the Secretary of Agriculture, Food and Markets pursuant to subchapter 1 of this chapter. (2) “Secretary” means the Secretary of Agriculture, Food and Markets. (3) “Agency” means the Agency of Agriculture, Food and Markets. (4) “FSA” means the “Farm Service Agency,” formerly named the “Agricultural Stabilization and Conservation Service,” of the U.S. Department of Agriculture. (5) “NRCS” means the “Natural Resources Conservation Service,” formerly named the “Soil Conservation Service,” of the U.S. Department of Agriculture. (6) [Repealed.] Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 39, § 2; 2019, No. 64, § 8.

6 V.S.A. § 4821 Assistance program created; administration

4821. Assistance program created; administration (a) Program created. A program is created to provide State financial assistance to Vermont farmers in support of their voluntary construction of on-farm improvements and maintenance of acceptable operating standards designed to abate nonpoint source agricultural waste discharges into the waters of the State of Vermont, consistent with goals of the Federal Water Pollution Control Act and with State water quality standards. The program shall be conducted in a manner that makes maximum use of federal financial aid for the same purpose, as provided by this subchapter, and that seeks to use the least costly methods available to accomplish the abatement required. The construction of temporary fencing intended to exclude livestock from entering surface waters of the State shall be an on-farm improvement eligible for assistance under this subchapter when subject to a maintenance agreement entered into with the Agency of Agriculture, Food and Markets. (b) Program administration. The Secretary: (1) Shall administer the State assistance program, for which purpose the Secretary shall coordinate with officials of the U.S. Department of Agriculture or other federal agencies, and shall adopt rules pursuant to 3 V.S.A. chapter 25 concerning farmer application and eligibility requirements, financial assistance award priorities, and other administrative and enforcement conditions. (2) May provide technical assistance to individual farmers with the preparation of on-farm agricultural waste management plans, applications for State and federal financial assistance awards, installation of on-farm improvements, and maintenance of acceptable operating standards during the term of the program grant agreement. For this purpose, State employees of the Agency shall cooperate with federal employees of the U.S. Department of Agriculture or other federal agencies. Added 1995, No. 62, § 37, eff. April 26, 1995; amended 1999, No. 100 (Adj. Sess.), § 3, eff. May 5, 2000; 2003, No. 42, § 2, eff. May 27, 2003; 2009, No. 110 (Adj. Sess.), § 9, eff. May 18, 2010; 2015, No. 39, § 3.

6 V.S.A. § 4822 Eligibility for State assistance

4822. Eligibility for State assistance Vermont farmers shall be eligible to receive available State financial assistance with the installation of on-farm improvements designed to control agricultural nonpoint source waste discharges, provided that: (1) for farmers who also seek federal financial assistance for this purpose, the improvements: (A) are eligible for federal assistance through programs of the U.S. Department of Agriculture; and (B) are consistent with a “nutrient management plan” prepared by the Vermont field office of the NRCS, or with an animal waste management plan based on standards equivalent to those of the NRCS; or (2) for farmers who decline to seek or accept federal financial assistance for this purpose, the improvements: (A) are determined by the Secretary to be equivalent to those eligible for federal assistance through programs of the U.S. Department of Agriculture; and (B) are consistent with an animal waste management plan based on standards determined by the Secretary to be equivalent to those of the NRCS; and (3) improvements will be constructed on a farm that is in good standing with the Secretary at the time of the award on all grant agreements, contract awards, or enforcement proceedings. Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003; 2015, No. 39, § 4.

6 V.S.A. § 4823 Priorities; State financial assistance awards

4823. Priorities; State financial assistance awards (a) Priorities. State financial assistance available under this subchapter shall in each fiscal year be allocated according to the following priorities, except as provided by subsection (b) of this section, and as further defined by rule by the Secretary: (1) First priority shall be given to proposed improvements on individual farms that do not meet RAPs because of physical constraints of a farm site that are located, in descending order, within the boundaries of the Lake Champlain Basin, the Lake Memphremagog Basin, the Connecticut River Basin, or the Hudson River Basin as these boundaries are defined by the State Water Quality Plan prepared by the Agency of Natural Resources. (2) Next priority shall be given to proposed improvements on all other individual farms that are located, in descending order, within the boundaries of the Lake Champlain Basin, the Lake Memphremagog Basin, the Connecticut River Basin, or the Hudson River Basin. (b) Exceptions. The Secretary may award financial assistance under this subchapter for improvements on a farm that otherwise would not receive assistance under the priorities established by this section when the Secretary determines a severe condition of nonpoint source waste discharge exists that requires immediate abatement. Added 1995, No. 62, § 37, eff. April 26, amended 1995; 1997, No. 148 (Adj. Sess.), § 67, eff. April 29, 1998; 2003, No. 42, § 2, eff. May 27, 2003.

6 V.S.A. § 4824 State financial assistance awards

4824. State financial assistance awards (a) State grant. State financial assistance awarded under this subchapter shall be in the form of a grant. When a State grant is intended to match federal financial assistance for the same on-farm improvement project, the State grant shall be awarded only when the federal financial assistance has also been approved or awarded. An applicant for a State grant shall pay at least 10 percent of the total eligible project cost. The dollar amount of a State grant shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a State grant shall not exceed 90 percent of the total eligible project cost. (b) Grant terms. A State grant awarded to an applicant under this subchapter shall be awarded in accordance with a State grant containing terms substantially the same as those required for receipt of a federal award for the same purpose from the U.S. Department of Agriculture, except as provided by the Secretary by rule. Added 1995, No. 62, § 37, eff. April 26, 1995; amended 2003, No. 42, § 2, eff. May 27, 2003; 2007, No. 112 (Adj. Sess.), § 3, eff. May 3, 2008; 2011, No. 104 (Adj. Sess.), § 28b, eff. May 7, 2012; 2015, No. 39, § 5.

6 V.S.A. § 4826 Cost assistance for waste storage facilities

4826. Cost assistance for waste storage facilities (a) The owner or operator of a farm required under section 4815 of this title to design, construct, or modify a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for cost assistance. Using State or federal funds, or both, a State assistance grant shall be awarded, subject to the availability of funds, to applicants. Such grants shall not exceed 90 percent of the cost of an adequately sized and designed waste storage facility and the equipment eligible for Natural Resources Conservation Service cost share assistance. Application for a State assistance grant shall be made in the manner prescribed by the Secretary. (b) If the Secretary lacks adequate funds necessary for the cost assistance awards required by subsection (a) of this section, the Secretary shall appear before the Emergency Board, as soon as possible, and shall request that necessary funds be provided. If the Emergency Board fails to provide adequate funds, the design and construction requirements for waste storage facilities under subsection 4815(b) of this title and the RAPs for groundwater, as they relate to a waste storage facility, shall be suspended for a farm with a waste storage facility subject to the requirements of subsection 4815(b) of this title until adequate funding becomes available. Suspension of the design and construction requirements of subsection 4815(b) of this title does not relieve an owner or operator of a farm permitted under section 4858 or 4851 of this title from the remaining requirements of the owner’s or operator’s permit, including discharge standards, groundwater protection, nutrient management planning, and land application of manure. This subsection does not apply to farms permitted under 10 V.S.A. § 1263. (c) The owner or operator of a farm with a waste storage facility may apply in writing to the Secretary of Agriculture, Food and Markets for a State assistance grant for the costs of complying with the U.S. Department of Agriculture Natural Resources Conservation Service requirements for inspection of a waste storage facility. Such grants shall not exceed 90 percent of the cost of the inspection of the waste storage facility. Application for a State assistance grant shall be made in the manner prescribed by the Secretary. Added 2005, No. 78, § 5, eff. June 24, 2005; amended 2011, No. 104 (Adj. Sess.), § 28c, May 7, 2012; 2015, No. 39, § 6.

6 V.S.A. § 4828 Capital Equipment Assistance Program

4828. Capital Equipment Assistance Program (a) It is the purpose of this section to provide assistance to purchase or use innovative equipment that will aid in the reduction of surface runoff of agricultural wastes to State waters, improve water quality of State waters, reduce odors from manure application, separate phosphorus from manure, mitigate greenhouse gases, and reduce costs to farmers. (b) The Capital Equipment Assistance Program is created in the Agency of Agriculture, Food and Markets to provide State financial assistance for the purchase of new or innovative equipment to achieve the purposes of this section. (c) Assistance under this section shall in each fiscal year be allocated according to the following priorities and as further defined by the Secretary. Priority shall be given to capital equipment to be used on multiple farms; equipment to be used for phosphorus reduction, separation, or treatment; equipment to be used to achieve the most significant or cost-effective benefits that advance the purposes of this section, including by reducing nitrogen runoff; and projects managed by nonprofit organizations that are located in descending order within the boundaries of: (1) the Lake Champlain Basin; (2) the Lake Memphremagog Basin; (3) the Connecticut River Basin; and (4) the Hudson River Basin. (d) An applicant for a State grant under this section to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall pay 10 percent of the total eligible project cost. The dollar amount of a State grant to purchase or implement phosphorus reduction, separation, or treatment technology or equipment shall be equal to the total eligible project cost, less 10 percent of the total as paid by the applicant, and shall not exceed $300,000.00. Added 2007, No. 197 (Adj. Sess.), § 1; amended 2011, No. 104 (Adj. Sess.), § 28d, eff. May 7, 2012; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2015, No. 39, § 8; 2017, No. 77, § 8; 2017, No. 77, § 12, eff. July 1, 2023; 2019, No. 64, § 9; 2021, No. 162 (Adj. Sess.), § 6, eff. June 1, 2022; 2023, No. 42, § 7, eff. July 1, 2023.

6 V.S.A. § 4829 Conservation Reserve Enhancement Program

4829. Conservation Reserve Enhancement Program (a) The Conservation Reserve Enhancement Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State or federal financial assistance for the implementation of alternative nutrient reduction practices that improve soil quality, improve nutrient retention, and reduce agricultural waste discharges. The Agency of Agriculture, Food and Markets may approve one or more of the following practices for participation in the Program: (1) riparian forest buffers; (2) grassed waterways; (3) grassed filter strips; or (4) other practices approved by the Secretary and administered through a memorandum of understanding with the Commodity Credit Corporation. (b) Grant agreements entered into under this section shall at a minimum have a term of 15 years in duration and can include permanent easements. (c)(1) The Agency of Agriculture, Food and Markets shall use capital funding available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivisions (a)(1)-(3) of this section. (2) The Agency shall use noncapital funds eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers to complete practices approved by the Agency for participation in the Program under subdivision (a)(4) of this section. Added 2019, No. 64, § 13.

6 V.S.A. § 4830 Agricultural Environmental Management Program

4830. Agricultural Environmental Management Program (a) The Agricultural Environmental Management Program is created in the Agency of Agriculture, Food and Markets to provide the farms of Vermont with State financial assistance to alternatively manage their farmstead, cropland, and pasture in a manner that will address identified water quality concerns that, traditionally, would have been wholly or partially addressed through federal, State, and landowner investments in BMP infrastructure, in agronomic practices, or both. The Agency of Agriculture, Food and Markets may approve one or more of the following practices for participation in the Program: (1) conservation easements; (2) land acquisition; (3) farm structure decommissioning; (4) site reclamation; or (5) issue a grant as an in-lieu payment not to exceed $200,000.00 as an alternative to the best management practice program implementation to otherwise address the same conservation issues for an equivalent or longer term. (b) The Agency of Agriculture, Food and Markets shall use funds available to the Agency and eligible for use for water quality programs or projects to provide financial assistance to Vermont farmers, provided that the Agency may use capital funds to provide financial assistance for practices approved under subdivisions (a)(1)-(4) of this section if the practice is: (1) performed in conjunction with a term agreement of not less than 15 years in duration or a permanent easement protecting the investment; and (2) abating a water quality resource concern on a farm. (c) The Agency may use capital funds to provide financial assistance for a practice approved under subdivision (a)(5) of this section only upon the approval of the State Treasurer. Added 2019, No. 64, § 14.

6 V.S.A. § 4831 Vermont Seeding and Filter Strip Program

4831. Vermont Seeding and Filter Strip Program (a) The Secretary of Agriculture, Food and Markets is authorized to develop a Vermont Critical Source Area Seeding and Filter Strip Program in addition to the federal Conservation Reserve Enhancement Program in order to compensate farmers for establishing and maintaining harvestable perennial vegetative grassed waterways and filter strips on agricultural cropland perpendicular and adjacent to the surface waters of the State, including ditches. Eligible acreage includes annually tilled cropland or a portion of cropland currently cropped as hay. Acreage that is currently managed as hay shall have a prior history of rotation as corn or other annual commodity crop. (b) Incentive payments from the Agency of Agriculture, Food and Markets shall be made at the outset of a grant agreement to establish or maintain the acreage as harvestable grassed waterway or filter strip. (c) The Secretary of Agriculture, Food and Markets may establish by procedure financial and technical criteria for the implementation and operation of the Vermont Critical Source Area Seeding and Filter Strip Program. (d) Land enrolled in the Vermont agricultural buffer program shall be considered to be in “active use” as that term is defined in 32 V.S.A. § 3752(15). Added 2005, No. 147 (Adj. Sess.), § 55; amended 2009, No. 110 (Adj. Sess.), § 10; 2015, No. 39, § 15; 2019, No. 129 (Adj. Sess.), § 12 (redesignated from 6 V.S.A. § 4900); 2023, No. 141 (Adj. Sess.), § 1, eff. July 1, 2024.

6 V.S.A. § 4832 Farm Agronomic Practices Program

4832. Farm Agronomic Practices Program The Farm Agronomic Practices Program is created in the Agency of Agriculture, Food and Markets to promote soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges. Financial assistance for related education, training, or instruction may be available under the Program to Vermont farms, agricultural service providers, and agricultural nonprofit organizations. Vermont farms may also receive financial assistance for the following eligible practices: (1) conservation crop rotation; (2) cover cropping; (3) strip cropping; (4) cross-slope tillage; (5) zone or no-tillage; (6) pre-sidedress nitrate tests; and (7) additional soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges. Added 2007, No. 112 (Adj. Sess.), § 1; amended 2009, No. 110 (Adj. Sess.), § 11; 2013, No. 83, § 12; 2015, No. 39, § 16; 2019, No. 129 (Adj. Sess.), § 12 (redesignated from 6 V.S.A. § 4951); 2021, No. 162 (Adj. Sess.), § 7, eff. June 1, 2022; 2023, No. 6, § 67, eff. July 1, 2023; 2023, No. 160 (Adj. Sess.), § 1, eff. July 1, 2024.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/06/215Fetched: 10/21/2026