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116 State Street Montpelier, VT 05620-2901 Agriculture.vermont.gov
Anne Obelnicki (via email: aobelnicki@gmail.com) 91 Laurel Hill Drive South Burlington, VT 05403 Woods Edge LLC RE: Determination of a Farm Operation
Dear Anne Obelnicki,
Thank you for submitting your “farming” request. The Agency of Agriculture, Food & Markets (the Agency) renders
opinions, based on the Agency’s Required Agricultural Practices Regulations (RAPs) as to whether a person is ‘farming’ and the RAPs apply.
After reviewing your request, the Agency determines that you are “farming” and required to comply with the RAPs. The Agency provides more detail below.
Farm Operation Determination This letter is documenting that proposed activities occurring on a 0.65 total acre farm operation, located at 62 Laurel Hill Drive, South Burlington, VT, meets the definition of “farming,” per the RAPs. Section 2.14 of the RAPs in part, states “farm” means a parcel or parcels of land owned, leased, or managed by a person and devoted primarily to farming, … and that meets the threshold criteria as established in Section 3 of the RAPs, provided that the lessee controls the leased lands to the extent they would be considered as part of the lessee’s own farm.
Section 2.16 of the RAPs states “farming” means: (a) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural, silvicultural, and orchard crops; or (b) the raising, feeding, or management of livestock, poultry, fish, or bees; or
(c) the operation of greenhouses; or (d) the production of maple syrup; or (e) the on-site storage, preparation, and sale of agricultural products principally produced on the farm; or (f) the on-site storage, preparation, production, and sale of fuel or power from agricultural products or wastes principally produced on the farm; or
(g) the raising, feeding, or management of four or more equines owned or boarded by the farmer, including training, showing, and providing instruction and lessons in riding, training, and the management of equines. In part, you have described your proposed farm operation as a small-scale orchard with 26 trees and a raised bed vegetable operation, and therefore will meet the definition of farming in Section 2.16 of the RAPs by meeting the provisions listed below: (a) the cultivation or other use of land for growing food, fiber, Christmas trees, maple sap, or horticultural, viticultural, and orchard crops. Section 3.1 of the RAPs lists several threshold criteria the Agency uses to determine if a proposed operation is subject to
the RAPs. You seek a determination that your Operation meets Criterion 3.1(g): “has a prospective business or farm management plan, approved by the Secretary, describing how the farm will meet the threshold requirements of
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this section” showing how you will meet: (f) is managed by a farmer filing with the Internal Revenue Service a 1040(F) income tax statement in at least one of the past two years; and (b) has produced an annual gross income from the sale of agricultural products of $2,000.00 or more in an average year. Business Overview
The business plan submitted with your request describes the farm as located on 0.65 acres at 62 Laurel Hill Drive, South Burlington, VT. The business plan describes plans to grow a variety of fruits and vegetables for wholesale and direct-to-consumer sale, as well as the production of value-added products such as jams.
Products and Market Description
Woods Edge LLC currently grows a variety of fruit trees and vegetables on their parcel, and plans on expanding to produce yields upwards of 2,500 pounds a year for wholesale, direct sale, and eventually production into jams. The farm currently sells their produce to other farm markets in the area and directly to food service companies. The property currently has 27 trees on site and an additional 300 row feet for other fruits and vegetables.
Gross average income over the first three years of operation is projected to be $4,070.05 a year and is anticipated to gradually increase each year of operation. The farm anticipates growing approximately 815 pounds of fruits and vegetables each year.
Marketing and distribution of the products will primarily occur through direct channels at markets and at other farms. The fruit grown on site is of high demand, and jams proposed to be produced from fruits grown on site are also sought by retailers.
Agency Determination Approval of a farm business plan is based on the information submitted by the farm operation to the Agency and any other information available. A farm operation that receives approval of a farm business plan by the Agency should be aware that:
• The Agency may visit to assess the progress made by the farm operation in meeting one or more
provisions of Section 3.1, until one or more of these provisions are met.
• If the Agency determines that the information submitted and used to compile a farm determination is no
longer accurate or applicable, the Agency may withdraw its approval of the farm business plan, thereby voiding the issued Farm Operation Determination. If this were to occur, the Agency will notify the farm operation and respective municipality, and at that time the operation would then be under municipal jurisdiction and any
structures or other operations conducted based on the issuance of the Agency’s farm determination, may be required to retroactively comply with applicable municipal or State requirements.
Therefore, it is the Agency’s opinion:
• This operation will meet one or more of the thresholds listed in Section 3.1 of RAPs and is considered a farm operation regulated by the Agency.
This farm operation determination does not exempt the Farm from compliance with any other provisions of the RAPs or any other applicable laws or regulations.
Farm operations that fall under the jurisdiction of the RAPs and operate an Accessory on Farm Business may be required to obtain site plan review from their municipality. The Agency recommends that farms discuss their future operational plans with the municipality and aim to comply with Accessory on Farm Business requirements upfront to ensure a successful business plan. An Accessory on Farm Business is defined as:
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• the storage, preparation and sale of qualifying products, provided that more than half of the sales are from qualifying agricultural products principally produced on the farm; and
• educational, recreational, and social events that feature agricultural practices and /or qualifying agricultural products.
For more information, please visit: https://agriculture.vermont.gov/land-use-renewable-energy-0/accessory-farm-business This letter outlines the Agency’s position based on the information provided and may change should the relevant information change. Please be aware that you will be required to comply with the Required Agricultural Practices (https://agriculture.vermont.gov/rap) by virtue of this determination by the Agency, and any other regulations applicable to your operation. Please reach out with any additional questions.
Sincerely,
Laura DiPietro Date Director of Water Quality Agency of Agriculture, Food & Markets
CC: Paul Connor - Zoning Administrator, South Burlington, VT (sent via email: planning@southburlingtonvt.gov)
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Please also be aware of the following, and contact the appropriate authorities if necessary:
Flood Hazard Area and River Corridor Construction: Construction of farm structures otherwise exempt from municipal regulation are subject to the Flood Hazard Area and River Corridor Rule
administered by the Department of Environmental Conservation, Agency of Natural Resources.
Obtaining appropriate permits in advance of construction will ensure compliance with National Flood Insurance Program (NFIP) criteria and enhance flood resilience. Public Drinking Water Supplies: Nutrients, sediment, organic matter and microorganisms may
also impact drinking water supplies derived from surface waters. Agricultural operations should
be aware of the locations of surface drinking water source intakes and appropriately manage agricultural activities to reduce potential negative impacts. Wetlands: Although wetlands are not mentioned in the RAPs, landowners need to be aware of
existing rules pertaining to wetlands under state and federal jurisdiction. The Natural Resources
Conservation Service, U.S. Army Corps of Engineers, and the Vermont Department of Environmental Conservation coordinate all agriculture/wetland issues in Vermont. It is strongly suggested that landowners contact the U.S. Army Corps of Engineers at 802-872-2893 and the Vermont Department of Environmental Conservation at 802-241-3760 before initiating farm related activities in or near wetlands.
Construction of New Farm Structures: Construction of new farm structures, specifically buildings and other farm related structures that disturb one or more acres of land must obtain authorization from the ANR before commencing with land disturbance or construction activities. Approval will
be issued by ANR upon receipt of a Notice of Intent (NOI) which certifies that adequate measures
for the control of erosion and sedimentation will be used during land disturbance and construction efforts. Persons needing additional information about the Construction General Permit/NOI concerning one or more acres of land disturbance are advised to contact the Water Quality Division of the Department of Environmental Conservation at 802- 241-3770 or visit the web site at www.vtwaterquality.org/stormwater. Authorization by ANR is not needed for construction or land
disturbance related to cultivation, irrigation, drainage and fencing.
Vermont Fire and Building Codes: Farm structures, as determined by the Vermont Agency of Agriculture, Food & Markets (the Agency), may be required to comply with all applicable
Vermont fire and building code regulations. In no way does a designation as a farm structure by the Agency limit the need for the structure to meet requirements listed under Title 20 of the V.S.A. Chapter 173, including obtaining a construction permit for eligible structures as defined in Chapter 173. For more information please visit: www.firesafety.vermont.gov Solid and Hazardous Waste Management: Agricultural operations are advised to manage all wastes generated on the farm consistent with all applicable solid waste rules and hazardous waste rules.
Information regarding the proper storage and disposal of waste oil, petroleum products
and empty containers can be obtained from the Vermont Waste Management Division at 802- 241-3888.
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Wastewater Management and Residuals Management: Farm operations generating wastewater indirect discharges or discharges to underground injection wells are advised that permits may be
required from the Department of Environmental Conservation Watershed Management Division
or Groundwater Protection and Management Division. The management of sewage, biosolids, and septage on a farm must be conducted consistent with the Vermont Solid Waste Management Rules and any Solid Waste Management Facility Certification authorizing these activities. Information regarding these requirements can be obtained by calling (802) 828-1535.
Water Withdrawal and Irrigation: Farm operations utilizing surface waters for irrigation purposes
are advised that water withdrawals above a de minimis rate are required to obtain a permit from the Department of Environmental Conservation consistent with the Procedure for Determining Acceptable Minimum Stream Flows. More information regarding water withdrawals for irrigation purposes and permitting requirements can be obtained by calling the Watershed Management
Division at (802) 828- 1535.
Alteration of Streams: Stream alteration permits regulate activities that take place in or along
streams. The permit program is intended to prevent the creation of flood hazards, protect against damage to aquatic life, and protect the rights of neighboring landowners. The types of activities that are regulated include streambank stabilization, road improvements that encroach on streams, bridge construction or repair, and utility crossings under streambeds. More information regarding
stream alteration and permitting requirements can be obtained by calling the River Management
Division at (802) 828-1535. Spill Prevention, Control, and Countermeasure (SPCC): EPA’s oil pollution prevention regulation requires facilities that are subject to regulation to prepare and implement a plan to prevent any
discharge of oil into navigable waters or adjoining shorelines of the U.S. A farm must prepare a
SPCC Plan if it has an aggregate aboveground storage capacity of greater than 1,320 gallons. Only containers of oil with a capacity of 55-gallons or greater are counted toward this aggregate capacity threshold. The plan is referred to as a Spill Prevention, Control, and Countermeasure (SPCC) plan. More information regarding SPCC and permitting requirements can be obtained by calling the
Environmental Assistance Office at 1(800) 974- 9559.
Vermont Act 250: Act 250 is Vermont’s land use and development law, enacted in 1970 at a time when Vermont was undergoing significant development pressure. The law provides a public, quasi-judicial process for reviewing and managing the environmental, social and fiscal
consequences of major subdivisions and developments in Vermont. “Farming” is defined
similarly under both Act 250 and the RAPs, and “farming” is generally exempt from Act 250 review. But, the Agency does not have the authority to determine whether Act 250 applies to your farming activities and/or building project. If there are questions regarding whether Act 250 applies, please contact the Natural Resources Board (NRB) District Coordinator. Please also be
advised that if you have an existing Act 250 permit it may attach to your new activity or project.
The NRB District Coordinator can help you assess the potential impact. More information regarding Act 250 can be obtained by calling the NRB at (802) 828-3309.
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