TITLE XL
AGRICULTURE, HORTICULTURE AND ANIMAL HUSBANDRY
CHAPTER 432
SOIL CONSERVATION AND FARMLAND PRESERVATION
Acquisition of Agricultural Land
Development Rights
432:32 Agricultural Operation. – ""Agricultural
operation'' when used in this subdivision includes any farm, agricultural or
farming activity as defined in RSA 21:34-a.
Source. 1985, 72:1, eff. July 1, 1985.
432:33 Immunity from Suit. – No
agricultural operation shall be found a public or private nuisance as a result
of changed conditions in or around the locality of the agricultural operation,
if such agricultural operation has been in operation for one year or more and
if it was not a nuisance at the time it began operation. This section shall not
apply when any aspect of the agricultural operation is determined to be
injurious to public health or safety under RSA 147:1 or RSA 147:2.
Source. 1985, 72:1, eff. July 1, 1985.
432:34 Negligent or Improper
Operations. – The provisions of this subdivision shall not apply
if a nuisance results from the negligent or improper operation of an
agricultural operation. Agricultural operations shall not be found to be
negligent or improper when they conform to federal, state and local laws, rules
and regulations.
Source. 1985, 72:1, eff. July 1, 1985.
432:35 Limits. – Nothing
contained in this subdivision shall be construed to modify or limit the duties
and authority conferred upon the department of environmental services under RSA
485 or RSA 485-A or the commissioner of agriculture, markets, and food under
any of the chapters in this title.
Source. 1985, 72:1. 1989, 339:27. 1995, 130:5. 1996, 228:108, eff.
July 1, 1996.