Dear friends and residents of Woodstock,. VT,

On July, 1 2018 Vermont added  24 V.S.A. § 4412/Act 143 into law.  This "Accessory on-farm business" was written into law to allow working farms to prosper in Vermont.  As of this writing, the town of Woodstock, Vt has continued to block our farm from participating in these activities stating that "weddings are not social events" and have legally prohibited us from carrying out our on-farm business in a law suit.  At no time did the town take the time to speak to the Vt Dept. of Agriculture concerning this law for clarification.  The State of Vermont Department of Agriculture has told me that weddings, birthdays, dinners and the like are indeed social events and are covered activities if they feature our agricultural products.  No other town in the state of Vermont has taken this negative approach to farms and I ask you to join me in asking the town of Woodstock to add Accessory On-Farm Business to the zoning laws with an explicit definition of what a social event is.

By signing this petition you agree to the following 4 statements:

1.I am a legal voting citizen of Woodstock, VT or a Woodstock, VT business owner (please specify).

2.The town of Woodstock Vermont should support family farms equally, if not preferentially to farms owned by inns and corporations.

3.Weddings, birthdays, reunions, Bat & Bar Mitzvahs, showers, date nights, afternoon teas, dinner parties, retreats, and the like, are all examples of “social events” and this definition should be added to the town’s zoning and regulations.
Vermont Law allows “social events” on farms that feature their products in Act 143.  These on-farm social events are beneficial to Woodstock’s economy and local businesses, such as Inns, Bed and Breakfasts, shops, restaurants, gas stations, caterers, and florists, and many other businesses in the area.  This is also a positive draw for bringing potential new residents to the town.

4.The  town of Woodstock should write a zoning law that affirms Act 143 (24 VSA 4412) and adds the definition of “social event” to the text to protect the working farms of our town from further legal stress.
Thank you.

Eden & Louis Piconi

 

I have added the definition of this law below:

Sec. 2. 24 V.S.A. § 4412/ Act 143 : 

§ 4412. REQUIRED PROVISIONS AND PROHIBITED EFFECTS 

Notwithstanding any existing bylaw, the following land development provisions shall apply in every municipality: 

* * * 

(11) Accessory on-farm businesses. No bylaw shall have the effect of prohibiting an accessory on-farm business at the same location as a farm. 

(A) Definitions. As used in this subdivision (11): 

(i) “Accessory on-farm business” means activity that is accessory to a farm and comprises one or both of the following: 

(I) The storage, preparation, processing, and sale of qualifying products, provided that more than 50 percent of the total annual sales are from qualifying products that are principally produced on the farm at which the business is located. 

(II) Educational, recreational, or social events that feature agricultural practices or qualifying products, or both. Such events may include tours of the farm, farm stays, tastings and meals featuring qualifying products, and classes or exhibits in the preparation, processing, or harvesting of qualifying products. As used in this subdivision (II), “farm stay” means a paid, overnight guest accommodation on a farm for the purpose of participating in educational, recreational, or social activities on the farm that feature agricultural practices or qualifying products, or both. A farm stay includes the option for guests to participate in such activities. 

(ii) “Farm” means a parcel or parcels owned, leased, or managed by a person, devoted primarily to farming, and subject to the RAP rules. For leased lands to be part of a farm, the lessee must exercise control over the lands to the extent they would be considered as part of the lessee’s own farm. Indicators of such control include whether the lessee makes day-to-day decisions concerning the cultivation or other farming-related use of the leased lands and whether the lessee manages the land for farming during the lease period. 

(iii) “Farming” shall have the same meaning as in 10 V.S.A. § 6001. 

(iv) “Qualifying product” means a product that is wholly:

(I) an agricultural, horticultural, viticultural, or dairy commodity, or maple syrup; 

(II) livestock or cultured fish or a product thereof; 

(III) a product of poultry, bees, an orchard, or fiber crops; 

(IV) a commodity otherwise grown or raised on a farm; or 

(V) a product manufactured on one or more farms from commodities wholly grown or raised on one or more farms. 

(v) “RAP rules” means the rules on required agricultural practices adopted pursuant to 6 V.S.A. chapter 215, subchapter 2. 

(B) Eligibility. For an accessory on-farm business to be eligible for the benefit of this subdivision (11), the business shall comply with each of the following: 

(i) The business is operated by the farm owner, one or more persons residing on the farm parcel, or the lessee of a portion of the farm. 

(ii) The farm meets the threshold criteria for the applicability of the RAP rules as set forth in those rules. 

(C) Use of structures or land. An accessory on-farm business may take place inside new or existing structures or on the land. 

(D) Review; permit. Activities of an accessory on-farm business that are not exempt under section 4413 of this title may be subject to site plan review pursuant to section 4416 of this title. A bylaw may require that such activities meet the same performance standards otherwise adopted in the bylaw for similar commercial uses pursuant to subdivision 4414(5) of this title. 

(E) Less restrictive. A municipality may adopt a bylaw concerning accessory on-farm businesses that is less restrictive than the requirement of this subdivision (11). 

(F) Notification; training. The Secretary of Agriculture, Food and Markets shall provide periodic written notification and training sessions to farms subject to the RAP rules on the existence and requirements of this subdivision (11) and the potential need for other permits for an accessory on-farm business, including a potable water and wastewater system permit under 10 V.S.A. chapter 64.