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2014 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 3.2-301 of the Code of Virginia is amended and reenacted as follows:
§ 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 locality
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
Localities 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.