§ 3.2-300. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Agricultural operation" means any operation devoted to the bona
fide production of crops, or animals, or fowl including the production of
fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts,
tobacco, nursery, and floral products; and the production and harvest of
products from silviculture activity.
"Production agriculture and silviculture" means the bona fide
production or harvesting of agricultural or silvicultural products but shall
not include the processing of agricultural or silvicultural products or the
above ground application or storage of sewage sludge.
(1981, c. 384, §§ 3.1-22.28, 3.1-22.29; 1991, c. 293; 1994, c. 779; 2007, c.
444; 2008, c. 860.)
§ 3.2-301. Right to farm; restrictive ordinances.
In order to limit the circumstances under which agricultural operations may
be deemed to be a nuisance, especially when nonagricultural land uses are
initiated near existing agricultural operations, no county shall adopt any
ordinance that requires that a special exception or special use permit be
obtained for any production agriculture or silviculture activity in an area
that is zoned as an agricultural district or classification. Counties may adopt
setback requirements, minimum area requirements, and other requirements that
apply to land on which agriculture and silviculture activity is occurring
within the locality that is zoned as an agricultural district or
classification. No locality shall enact zoning ordinances that would
unreasonably restrict or regulate farm structures or farming and forestry
practices in an agricultural district or classification unless such
restrictions bear a relationship to the health, safety, and general welfare of
its citizens. This section shall become effective on April 1, 1995, and from
and after that date all land zoned to an agricultural district or classification
shall be in conformity with this section.
(1981, c. 384, § 3.1-22.28; 1991, c. 293; 1994, c. 779; 2007, c. 444; 2008,
c. 860.)
§ 3.2-302. When agricultural operations do not constitute nuisance.
A. No agricultural operation or any of its appurtenances shall be or become
a nuisance, private or public, if such operations are conducted in accordance
with existing best management practices and comply with existing laws and
regulations of the Commonwealth. The provisions of this section shall not apply
whenever a nuisance results from the negligent or improper operation of any
such agricultural operation or its appurtenances.
B. The provisions of subsection A shall not affect or defeat the right of
any person to recover damages for any injuries or damages sustained by them on
account of any pollution of, or change in condition of, the waters of any
stream or on the account of any overflow of lands of any such person.
C. Any and all ordinances of any unit of local government now in effect or
hereafter adopted that would make the operation of any such agricultural
operation or its appurtenances a nuisance or providing for abatement thereof as
a nuisance in the circumstance set forth in this section are and shall be null
and void. The provisions of this section shall not apply whenever a nuisance
results from the negligent or improper operation of any such agricultural
operation or any of its appurtenances.
(1981, c. 384, § 3.1-22.29; 1994, c. 779; 2008, c. 860.)