Land Use Regulations
- Read through the zoning regulations for your municipality and familiarize yourself with Act 143.
- Obtain a zoning permit, if necessary.
- Determine if your municipality requires a site plan review.
- Submit an application and site plan review to your municipality, if necessary.
It’s important to note that Act 143, as amended by Act 181, regulates Accessory On-Farm Businesses (AOFBs) in Vermont. If your business features or sells qualifying products, you may need to submit an application to your municipality for a site plan review. The definition of qualifying products has been expanded to include:
- Agricultural products produced on any farm, regardless of total annual sales
- Products that name, describe, or promote the farm or AOFB
- Bread and baked goods
- All previously allowed products under Act 143
Importantly, Act 181 has removed the requirement that at least 50% of annual income must come from products grown or produced on the farm where the business is located. Different municipalities may have different rules, but they cannot prohibit an accessory on-farm business.
- When offering a tour to the public, the tour will need to comply with the ADA (Americans with Disabilities Act).This may mean creating accessible routes over uneven ground or installing a ramp.
Liability
- Read through Act 31.
- Post signs at agritourism activities that meet the specifications of Act 31.
- Include the warning notice language in every written contract between an agritourism host and a participant.
- Check with your insurance agent to make sure this type of event is covered in your policy.
Permits
- Meet with a regional permit specialist.
- If proposing construction/renovations for a commercial purpose or otherwise, contact a Natural Resources Board (NRB) district coordinator to determine whether an Act 250 land use permit application is required.
- If doing construction/renovations, obtain a public building permit.
- It’s important to note that Act 181 has introduced changes to Act 250 regulations for Accessory On-Farm Businesses (AOFBs) in Vermont. As of July 1, 2024, construction of improvements for storage or sale of qualifying products is now exempt from Act 250 permitting. Additionally, construction for preparation or processing of qualifying products is exempt if more than 50% of total annual sales come from products produced on the farm.
- If you are adding bathrooms or additional space which increases your septic load, obtain a wastewater permit
Licenses
- Decide if there will be any tastings given as part of the tour.
- For licensing, operators are expected to demonstrate knowledge of food safety. The ServSafe (or other) certification is not specifically required, however, it is recommended that operators participate in some kind of food safety training to increase knowledge of safe food handling.
- Research any regulations and permits that may be necessary for those products that you will be allowing guests to sample. (You should also consider this under Act 143.)
If you are producing and serving food regularly, then you may need licensing from the agency for food processing as well as separate licensing for food service from the Department of Health. The following table can help you navigate the regulations and licenses required for various types of foods and products that you may be selling or serving.
| Food Product | Examples | Agency with Oversight | Permits/Licenses that Apply |
|---|---|---|---|
Dairy | Milk, cheese | Vermont Agency of Agriculture, Food and Markets, Dairy Section Phone: 802-828-2421 |
|
Frozen Dessert | Ice cream, sorbet | Vermont Agency of Agriculture, Food and Markets, Dairy Section Phone: 802-828-2421 |
|
Baked Goods | Pastries, bread, cake | Vermont Department of Health, Bakery Section Phone 802-863-7221 |
|
Meat | Sliced deli meat, sausages, whole meat cuts | Vermont Agency of Agriculture, Food and Markets Phone: 802-828-2426 |
|
Processed Food | Candy, popcorn, jellies, ciders | Vermont Department of Health Phone: 802-863-7221 |
|
Canned Goods | Fruits, meat | Vermont Department of Health for fruit and vegetables and Vermont Agency of Agriculture, Food and Markets for meat Phone (Department of Health): 802-863-7221 Phone (VAAFM): 802-828-2426 |
|
Malt and Vinous Beverages | Wine, beer, spirits, cider, mead | Department of liquor control enforcement and licensing division Contact: 802-828-2345 |
|
Maple Syrup | Syrup, sugar | Vermont Agency of Agriculture, Food and Markets, Maple section Phone: 802-828-2430 |
|
General Produce | Tomatoes, corn, squash | Vermont Agency of Agriculture, Food and Markets Phone: 802-461-5128 |
|
Strawberries | Vermont Statutes Phone: 802-828-2430 |
| |
Eggs | Vermont Statutes Phone: 802-828-2430 | ||
Potatoes | Vermont Statutes Phone: 802-828-2430 | ||
Apples | Vermont Statutes Phone: 802-828-2430 |