Tim Connolly

November 4, 2007

Reducing the effect of eutrophication on Lake Champlain stands among Vermont's top environmental priorities. The challenge includes a classic conflict between environmental protection and the financial limits of farmers in the face of increasing demands. This problem has the attention of Vermont's Legislature, Governor Douglas and his administration, and Vermont's Congressional delegation. Agricultural runoff from fertilizers and livestock is a leading source of the pollution and has loaded some sections of the lake with phosphorus and nitrogen, causing algae blooms and increased amounts of seaweed. Pollution threatens both the lake's health and the economy, as the lake supports a regional economy of $9 billion each year.

One of the most effective ways to reduce water pollution and agricultural runoff is to install vegetative buffer zones to stop sediment runoff. In the Vermont State Legislature, H. 549, a bill requiring the establishment of buffer zones adjacent to navigable waterways in the State, was introduced in the House Committee on Fish, Wildlife, and Water Resources. Unfortunately, the bill exempts farming from the buffer zone requirements, and therefore it is important that this provision is reconsidered as the bill progresses.

Last August, the Vermont Agency of Natural Resources released its plan to clean up the Lake – part of Governor Douglas's Clean and Clear Plan. The plan has been widely scrutinized because of lack of measurable success, dependence on federal funding, and its reliance of voluntary cooperation from landowners. As included in the plan, Vermont's Conservation Reserve Enhancement Program (CREP) covers the costs of installing buffer zones and gives farmers a rental payment for the "buffered" land to compensate farmers for lost production. The easements created by CREP last between fifteen-to-thirty years, and as of 2007, the State had secured about thirty-eight CREP contracts. The duration of the contracts are relatively short, and continuation of the funding is uncertain due to reliance on federal funding. Furthermore, with so few contracts, it has been hard to make measurable reductions in the phosphorus and nitrogen levels.

Recently, local newspapers published photos of cows wading on the shores of Lake Champlain exposing the shortcomings of Vermont's regulatory framework. Under the State's current regulations livestock are permitted in lakes and streams so long as they don't create excessive shoreline damage. Restricting livestock access to streams and lakes requires costly fencing that is often damaged during spring ice flows. Given the current economic strain Vermont's farmers face, it is hard to imagine that farmers will be able to create fence lines without state and federal assistance.

Senator Leahy, a ranking member on the United States Senate Agriculture Committee, as well as former Senator Jim Jeffords have championed the Lake Champlain clean up effort over the last decade, having secured over $100 million for the effort. Last week, the Senate Agriculture Committee approved a 2007 Farm Bill that, if passed by Congress, would provide more funding to help Vermont's farmers reduce phosphorus loading.

While the financial hardships on Vermont farmers should remain at the forefront of the lake clean up discussions, it is important that those considerations do not overshadow the environmental and economic importance of a cleaner Lake Champlain. Instead of relying so heavily on voluntary efforts from farmers and landowners, and risking the potential loss of federal funds for CREP contracts, the State of Vermont should push to secure funds to purchase critical buffer zone lands from farmers. Vermont is in a unique position to secure federal funds, and it will take several years for the lake to remedy years of accumulated agricultural runoff.

Sources:

Candice Page, State Lowers Sights for Lake Cleanup, The Burlington Free Press, Sept. 9, 2007, http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20070909/NEWS01/709090312/1009/NEWSWEEK (last visited Nov. 2, 2007).

Candice Page, Cows Cloud Lake Cleanup, The Burlington Free Press, Oct. 29, 2007, http://www.burlingtonfreepress.com/apps/pbcs.dll/article?AID=/20071029/NEWS01/710290308/1009 (last visited Nov 2, 2007).

Leahy.senate.gov, Major Issues – The Environment – Protecting Lake Champlain, http://leahy.senate.gov/issues/environment/lakechamplain.html (last visited Nov. 2, 2007).

Key Panel OKs Farm Bill that Renews MICL Program and Features Wide Range of Other Vermont Priorities Championed by Leahy, Oct. 25, 2007, http://leahy.senate.gov/issues/environment/lakechamplain.html (last visited Nov. 2, 2007).

H.549, An Act Relating to Establishing Waterfront Buffer Zones, 2007-2008 Leg., available at http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2008/bills/intro/H-549.HTM (last visited Nov. 2, 2007).