AGRICULTURE AND HORTICULTURE
CHAPTER 45
RIGHT TO FARM
22-4501. Legislative findings and
intent. The legislature finds that
agricultural activities conducted on farmland in urbanizing areas are often
subjected to nuisance lawsuits, and that such suits encourage and even force
the premature removal of the lands from agricultural uses, and in some cases
prohibit investments in agricultural improvements. It is the intent of the
legislature to reduce the loss to the state of its agricultural resources by
limiting the circumstances under which agricultural operations may be deemed to
be a nuisance. The legislature also finds that the right to farm is a natural
right and is recognized as a permitted use throughout the state of
22-4502. Definitions. As used in this
chapter:
(1) "Agricultural
operation" includes, without limitation, any facility for the growing,
raising or production of agricultural, horticultural and viticultural
crops and vegetable products of the soil, poultry and poultry products,
livestock, field grains, seeds, hay, apiary and dairy products, and the
processing for commercial purposes of livestock or agricultural commodities,
including the processing of such commodities into food commodities.
(2) "Nonagricultural
activities," for the purposes of this chapter, means residential,
commercial or industrial property development and use not associated with the
production of food commodities.
(3) "Improper
or negligent operation" means that the agricultural operation is not
undertaken in conformity with federal, state and local laws and regulations or
permits, and adversely affects the public health and safety.
22-4503. Agricultural
operation not a nuisance -- Exception. No agricultural
operation or an appurtenance to it shall be or become a nuisance, private or
public, by any changed conditions in or about the surrounding nonagricultural
activities after the same has been in operation for more than one (1) year,
when the operation was not a nuisance at the time the operation began;
provided, that the provisions of this section shall not apply whenever a
nuisance results from the improper or negligent operation of any agricultural
operation or an appurtenance to it. In the event of an alleged nuisance
resulting from agricultural operations pursuant to a federal or state
environmental permit or caused by a violation of the permit(s), terms or
conditions, the affected party shall seek enforcement of the terms of the
permit.
22-4504. Local
ordinances. No city, county,
taxing district or other political subdivision of this state shall adopt any
ordinance or resolution that declares any agricultural operation operated in accordance
with generally recognized agricultural practices to be a nuisance nor shall any
zoning ordinance that forces the closure of any such agricultural operation be
adopted. Zoning and nuisance ordinances shall not apply to agricultural
operations that were established outside the corporate limits of a municipality
and then were incorporated into the municipality by annexation. The county
planning and zoning authority may adopt a nuisance waiver procedure to be
recorded with the county recorder or appropriate county recording authority
pursuant to residential divisions of property.