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• Read through the zoning regulations for your municipality and familiarize yourself with Act 143. 

It’s important to note that Act 143, as amended by Act 181, 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.

• 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.

• Decide what products will be U-Pick.
  • Research any regulations and permits that may be necessary for those products. (See below.)
• Meet with a .
• If doing construction/renovations, contact a district coordinator to determine the need for obtaining an Act 250 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 doing construction/renovations obtain a public building permit.
• Note: Selling products out of a farm stand or market aside from pick-your-own would require different licensing. Please refer to the Farm Product Food page and/or the Stores/Markets page for more information.

• 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 activity is covered in your policy.

Note: The main thing with pick-your-own is liability, so following Act 31 is essential.