Vermont Statutes Title 12 Sec. 5757
Terms Used In Vermont Statutes Title 12 Sec. 5757
- Commissioner: means the Commissioner of Forests, Parks and Recreation. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 5757. Forestry operations; protection from nuisance lawsuits
(a) Except as provided for under subsections (b) and (c) of this section, a person conducting a conventional forestry practice shall be entitled to a rebuttable presumption that the conventional forestry practice does not constitute a public or private nuisance if the person conducts the conventional forestry practice in compliance with the following:
(1) the Acceptable Management Practices for Maintaining Water Quality on Logging Jobs in Vermont as adopted by the Commissioner under 10 V.S.A. § 2622; and
(2) other applicable law.
(b) The presumption under subsection (a) of this section that a person conducting a conventional forestry practice does not constitute a nuisance may be rebutted by showing:
(1) a nuisance resulted from the negligent operation of the conventional forestry practice;
(2) a nuisance resulted from a violation of State, federal, or other applicable law during the conduct of the conventional forestry practice; or
(3) clear and convincing evidence that the conventional forestry practice has a substantial adverse effect on the health, safety, or welfare of the complaining party.
(c) Nothing in this section shall be construed to limit the authority of State or local boards of health to abate nuisances affecting the public health. (Added 2017, No. 198 (Adj. Sess.), § 1, eff. May 30, 2018.)