BURGESS, J. Neighbors appeal a decision of the Superior Court, Environmental Division that certain buildings used to process timber into lumber qualify as “farm structures” exempt from local zoning regulation under 24 V.S.A. § 4413(d)(1). We affirm.
24 V.S.A. § 4413(d)(1)-(d)(2) provides that zoning bylaws “shall not regulate . . . the construction of farm structures” and defining the latter to mean a building “for housing livestock, raising horticultural or agronomic plants, or carrying out other practices associated with . . . farming practices . . . as ‘farming’ is defined in 10 V.S.A. § 6001(22).” A “farm structure” is defined as “a building, enclosure, or fence for housing livestock, raising horticultural or agronomic plants, or carrying out other practices associated with accepted agricultural or farming practices, including a silo, as ‘farming’ is defined in § 6001(22), but excludes a dwelling for human habitation.” Id. § 4413(d)(1). “Farming” under 10 V.S.A. § 6001(22) is defined, in turn, to mean a number of activities, including “(A) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural and orchard crops,” “(B) the raising, feeding, or management of livestock, poultry, fish, or bees,” or “(D) the production of maple syrup.” The trial court found that lumber produced from timber harvested on the farm had been used for the construction, maintenance, and repair of buildings and structures on the farm properties. Slab wood created as a byproduct from the sawing had been used to fuel the sugar making operation and to heat other farm buildings; sawdust and shavings from the sawing and planing had been used as livestock bedding. Accordingly, the court concluded that the buildings at issue qualified as “farm structures” exempt from local zoning regulation under 24 V.S.A. § 4413(d), that the Newman-planer building therefore did not require a local zoning permit, and that the sawmill and kiln buildings could not therefore be found in violation of the local zoning ordinance.
The operative language of the statute, exempts buildings used for carrying out “practices associated with” farming. Id. (emphasis added). Experts testified that appellees’ wood processing activities represent “the epitome” of sustainable agriculture, and are common practices long associated with agricultural farming.now part of a broader larger movement toward a more sustainable agricultural economy, reflected in Vermont’s “right-to-farm” law, 12 V.S.A. § 5751. The record evidence, fully supports the trial court’s conclusion that appellees’ wood-processing activities constitute “practices associated with” farming, and that the structures used for carrying out these activities are exempt from local zoning regulation under 24 V.S.A. § 4413(d)(1).
The operative language of the statute, exempts buildings used for carrying out “practices associated with” farming. Id. (emphasis added). Experts testified that appellees’ wood processing activities represent “the epitome” of sustainable agriculture, and are common practices long associated with agricultural farming.now part of a broader larger movement toward a more sustainable agricultural economy, reflected in Vermont’s “right-to-farm” law, 12 V.S.A. § 5751. The record evidence, fully supports the trial court’s conclusion that appellees’ wood-processing activities constitute “practices associated with” farming, and that the structures used for carrying out these activities are exempt from local zoning regulation under 24 V.S.A. § 4413(d)(1).
No comments:
Post a Comment