Vermont Statutes Annotated

Vt. Stat. Ann. tit. 06, § 4861 (2026)

Appeal

✓ current as of May 2026

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Subchapter 005 : REGULATION OF MEDIUM AND SMALL FARM OPERATIONS

(Cite as: 6 V.S.A. § 4861)

§ 4861. Appeal

A person aggrieved by a permit decision of the Secretary under this subchapter may seek de novo review by the Environmental Division within 30 days of the decision of the Secretary. A person aggrieved by a final ruling of the Secretary on an application for coverage under a general permit adopted pursuant to this section may appeal to the Environmental Division; provided, however, that the appeal shall be limited in scope to whether the medium farm complies with the terms and conditions of the general permit. For purposes of this section, “a person aggrieved ” means a person who alleges an injury to a particularized interest where the injury is attributable to an act or decision by the Secretary under this subchapter and the injury can be redressed by the Environmental Division or the Supreme Court. (Added 2003, No. 149 (Adj. Sess.), § 8, eff. June 3, 2004; amended 2009, No. 154 (Adj. Sess.), § 236.)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2019–2022 · leading case: Pleasant Valley Farms MFO Denial - Decision on Motion (Vt. Super. Ct. 2020).

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Pleasant Valley Farms MFO Denial - Decision on Motion (Vt. Super. Ct. 2020). “” 6 V.S.A. § 4861. In addition, appeals from AAFM decisions require a trial de novo such that “all questions of law or fact as to which review is available shall be tried to the Court .”

Lumbra Farm Medium Farm Operation (MFO) Denial - Decision on Motions (Vt. Super. Ct. 2022). “July 02, 2013) (Walsh, J.) (“As in de novo municipal appeals, parties in a de novo appeal of a District Commission decision before this Court are not limited in their legal arguments to those raised in the proceedings below.”

Pleasant Valley Farms Permit MFO - Decision on Motion (Vt. Super. Ct. 2019). “” 6 V.S.A § 4861. We therefore intend to conduct a de novo trial on the remaining Questions with this statutory limitation in mind.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.