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1997 SESSION

971231456
HOUSE BILL NO. 2280
Offered January 17, 1997
A BILL to amend and reenact § 3.1-22.29 of the Code of Virginia, relating to agricultural operations; nuisance.
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Patrons-- Spruill, Crittenden, Darner, Jones, D.C., Phillips, Robinson and Stump
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Referred to Committee on Agriculture
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Be it enacted by the General Assembly of Virginia:

1. That § 3.1-22.29 of the Code of Virginia is amended and reenacted as follows:

§ 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, 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. For the purposes of this chapter, "agricultural operation" shall mean means any operation devoted to the bona fide production of crops, or animals, or fowl, including but not limited to 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.

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.

E. The provisions of this section shall not apply in any city with a population between 150,000 and 155,000, whenever a nuisance results from the operation of a feedlot or open lot hog farm consisting of less than twenty-five acres of contiguous land and located adjacent to property used for residential purposes.