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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1994 SESSION
Be it enacted by the General Assembly of Virginia:
1. That Chapter 293 of the Acts of Assembly of 1991, carried by reference in the Code of Virginia as § 3.1-22.28, and § 3.1-22.29 of the Code of Virginia are amended and reenacted as follows:
§ 3.1-22.28. Right to farm; restrictive ordinances.
It is the declared policy of the Commonwealth to conserve, 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. 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 chapter
to reduce the loss to the Commonwealth of its agricultural resources by
limiting 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. For the purpose of this section,
"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. However, 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
county, city or town shall enact zoning ordinances which 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.
§ 3.1-22.29. 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, by any changed conditions in or about the
locality thereof after the same has been in operation for more than one
year 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 or when there has been a
significant change in the operation itself.
B. For the purposes of this chapter, "agricultural operation" shall mean any
operation devoted to the bona fide production for sale of crops, or
animals, or fowl, including but not limited to the production for sale
of fruits and vegetables of all kinds; meat, dairy, and poultry products;
nuts, tobacco, nursery and floral products; and trees in such quantity and
so spaced and maintained as to constitute a forest area and the
production and harvest of products from silviculture activity.
C. The provisions of subsection A 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 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, firm, or corporation.
D. 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; however, 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 or when there has
been a significant change in the operation itself.
E. This section shall not be construed to invalidate any contracts
heretofore made but insofar as contracts are concerned, it is only applicable
to contracts and agreements to be made in the future.