Vermont farm family’s outdated wood boiler fuels heated legal battle

MORRISVILLE, Vt. (WCAX) – A farm in Morrisville is fighting the state of Vermont over an outdated wood boiler the family says they can’t afford to replace.

Eleven years ago, a farm in Morrisville was told their wood boiler wasn’t up to code. Today, it’s still burning and the farm is embroiled in a heated legal battle with the state.

“The last guy said as soon as the weather breaks, they’re going to come get the furnace. I said they weren’t gonna,” said Dennis Morin of the Morin Farm.

The trouble began in 2013 when neighbors complained about smoke coming from Dennis and Anita Morin’s Morrisville farm. The source: an outdoor hydronic heater or OHH used to heat Morin’s home, milk house and barn of cows.

Upon inspection, the state found the Morins’ OHH was uncertified and outdated. They also noted that the Morins were burning prohibited materials like cardboard. But Dennis Morin says he only burns pine, donated scraps from local tree services.

Starting in the 1990s, Vermont passed several OHH regulations to limit emissions. Since then, a federal regulation went into effect requiring a switch to phase two OHHs, considered to work better and produce cleaner emissions.

The state offered the Morins $6,000 to upgrade their OHH, leaving them to pay the rest of the approximate $20,000 upgrade. They declined.

Officials with the Vermont Agency of Natural Resources didn’t make themselves available for an interview and comment was limited because the case is active. In a statement emailed to WCAX News, they wrote, “In 2023, the agency revived the former change-out program and adjusted the awards for inflation from $6,000 to $10,000. The revised incentive amount was offered to the Morins, however they continue to refuse to participate in the program.”

Dennis Morin says a $10,000 price tag isn’t in their budget.

Reporter Sophia Thomas: Can you afford to shell out that extra cash right now?

Dennis Morin: No, I couldn’t. And I don’t know how much longer I can go. Because farming is getting awful tough and my wife’s health isn’t very good.

Since then, the Morins have been hit with countless court dates. They’ve only made it to one.

“Every time they have a court date, they make it nine o’clock in the morning. I’m in the barn cleaning!” Dennis Morin said.

He says he’s open to upgrading if the state is willing to pay.

“They won’t sign no paper,” Morin said.

If the state seizes the property, Morin says he’ll move to New Hampshire or Maine. He says he’s frustrated with the dying dairy industry and state regulations that don’t consider the finances of farmers like him.

“Vermont is going to be a welfare state when they get all done,” Morin said. “You know, nobody’s gonna be able to afford to live here.”

The ANR says the Morins’ case is currently pending before the Superior Court Environmental Division.

As for the Morins, they’re preparing for a showdown on the farm if the agency comes to remove their boiler.

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