3 P.S. § 951 (2009)
§ 951. Legislative policy
It is the declared policy of the Commonwealth to conserve and
protect and encourage the development and improvement of its agricultural land
for the production of food and other agricultural products. When
nonagricultural land uses extend into agricultural areas, agricultural
operations often become the subject of nuisance suits and ordinances. As a
result, agricultural operations are sometimes forced to cease operations. Many
others are discouraged from making investments in farm improvements. It is the
purpose of this act to reduce the loss to the Commonwealth of its agricultural
resources by limiting the circumstances under which agricultural operations may
be the subject matter of nuisance suits and ordinances.
§ 953. Limitation on local ordinances
(a) Every municipality shall encourage the continuity,
development and viability of agricultural operations within its jurisdiction.
Every municipality that defines or prohibits a public nuisance shall exclude
from the definition of such nuisance any agricultural operation conducted in
accordance with normal agricultural operations so long as the agricultural
operation does not have a direct adverse effect on the public health and
safety.
(b) Direct commercial sales of agricultural commodities upon
property owned and operated by a landowner who produces not less than 50% of
the commodities sold shall be authorized, notwithstanding municipal ordinance,
public nuisance or zoning prohibitions. Such direct sales shall be authorized
without regard to the 50% limitation under circumstances of crop failure due to
reasons beyond the control of the landowner.
§ 954. Limitation on public nuisances
(a) No nuisance action shall be brought against an
agricultural operation which has lawfully been in operation for one year or
more prior to the date of bringing such action, where the conditions or
circumstances complained of as constituting the basis for the nuisance action
have existed substantially unchanged since the established date of operation
and are normal agricultural operations, or if the physical facilities of such
agricultural operations are substantially expanded or substantially altered and
the expanded or substantially altered facility has either: (1) been in
operation for one year or more prior to the date of bringing such action, or
(2) been addressed in a nutrient management plan approved prior to the
commencement of such expanded or altered operation pursuant to section 6 of the
act of May 20, 1993 (P.L. 12, No. 6), known as the Nutrient Management Act, and
is otherwise in compliance therewith: Provided, however, That nothing herein
shall in any way restrict or impede the authority of this State from protecting
the public health, safety and welfare or the authority of a municipality to
enforce State law.
(b) The provisions of this section shall not affect or defeat
the right of any person, firm or corporation to recover damages for any
injuries or damages sustained by them on account of any agricultural operation
or any portion of an agricultural operation which is conducted in violation of
any Federal, State or local statute or governmental regulation which applies to
that agricultural operation or portion thereof.
§ 955. Water damages
The provisions of section 4 shall not affect or defeat the
right of any person, firm or corporation to recover damages for any injuries or
damages sustained by him or it on account of any pollution of, or change in
condition of, the waters of any stream or on account of any flooding of lands
to any such person, firm or corporation.
§ 956. Saving clause
(a) This act shall not be construed to invalidate any
contract made prior to its effective date nor shall it be construed to apply to
any suit brought prior to its effective date.
(b) The provisions of this act shall not affect or defeat the
intent of any federal, state or local statute or governmental regulation except
nuisance ordinances as they apply to any normal agricultural operation.
§ 957. Severability
If any provision of this act or the application thereof to
any person or circumstances is held invalid, such invalidity shall not affect
other provisions or applications of the act which can be given effect without
the invalid provision or application, and to this end the provisions of this
act are declared to be severable.