The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 6: Agriculture
Chapter 002: Agricultural Land Development Rights Acquisition Program
§ 31. Program established
The Agricultural Land Development Rights Acquisition Program is established within the Agency of Agriculture, Food and Markets. The Secretary of Agriculture, Food and Markets shall hire or contract with an agricultural land use planner to assist in developing and implementing the program. (Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988; amended 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 2003, No. 42, § 2, eff. May 27, 2003.)
§ 32. Duties of the Secretary of Agriculture, Food and Markets
(a) The Secretary of Agriculture, Food and Markets shall develop by rule, with the advice and consent of the Housing and Conservation Board:
(1) a program for selecting and recommending to the Housing and Conservation Board agricultural land development rights suitable for acquisition by the State; and
(2) criteria to be used by the Board in reviewing the Secretary’s recommendations for acquisition.
(b) The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated or identified in a land evaluation and site assessment system pursuant to 24 V.S.A. § 4345a(5)(E) for agricultural use under that chapter. In a municipality without an approved plan, these restrictions shall not apply.
(c) The program and criteria shall be designed to ensure that, in a municipality with an approved plan under 24 V.S.A. chapter 117, the Board only acquires agricultural development rights to land designated for agricultural use under that chapter. In a municipality without an approved plan, these restrictions shall not apply.
(d) The Secretary shall report to the General Assembly not later than January 15, 1989 concerning the progress of the program. (Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988; amended 2003, No. 42, § 2, eff. May 27, 2003; 2021, No. 105 (Adj. Sess.), § 46, eff. July 1, 2022.)
§ 33. Assessments
After acquisition of development rights by the State, the agricultural landowner shall be taxed, under 32 V.S.A. chapter 123, upon the fair market value of the remaining rights or interests to which title is retained. The Department of Taxes and the municipality assessing the tax shall cooperate with the landowner in determining the fair market value of the remaining rights or interests. (Added 1987, No. 200 (Adj. Sess.), § 63, eff. May 19, 1988.)
