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2006 SESSION

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066080376
HOUSE BILL NO. 1185 Offered January 11, 2006 Prefiled January 11, 2006 A BILL to amend the Code of Virginia by adding a section numbered 3.1-22.28:1, relating to riparian rights for agriculture and livestock. ---------- Patrons-- Landes, Byron, Lohr and Saxman ---------- Referred to Committee on Agriculture, Chesapeake and Natural Resources ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 3.1-22.28:1 as follows:

§ 3.1-22.28:1. Right to farm; riparian rights.

In order to limit the circumstances under which production agricultural and silviculture may be impaired or limited by restricting landowner's riparian rights to water necessary for agriculture products and forestal products, no locality shall adopt any ordinance requiring that a special exception or special use permit be obtained for any agricultural production or forestal production in an area that is zoned as an agricultural district or classification nor shall any state agency adopt any regulation requiring permits for the same. For the purpose of this section, "production agriculture and silviculture" means the bona fide production, maintenance, or harvesting of agricultural or silvicultural products and includes the irrigation of crops and livestock for the maintenance of the investment therein. All privately owned agriculture ponds, reservoirs, or other water retention facilities outside of the path of regularly flowing surface water, constructed for the purpose of agricultural water reserves, shall be exempt from any and all regulated water use or drought restrictions.