Loading chat...
DE SB136
Bill
Status
Introduced
6/4/2019
Primary Sponsor
Bruce Ennis
Click for details
AI Summary
- Expands nuisance protections for agricultural and forestal operations to include those located in areas zoned for agricultural use, including Agricultural Residential Districts, in addition to operations that have existed for 1 year or more
- Establishes that agricultural operations in compliance with all applicable state and federal laws, regulations, and permits are presumed to be conducted in accordance with good agricultural practice and cannot be subject to state or local criminal or civil action
- Provides absolute defense against nuisance actions for agricultural operations meeting the 1-year operation requirement or located in agricultural zoning, if operating in compliance with all applicable laws and regulations
- Prohibits individuals from bringing nuisance claims against agricultural operations conducted in a manner consistent with good agricultural practice, and requires plaintiffs to pay court costs and attorney's fees if the court finds the claim frivolous
- Specifies that agricultural operations in agricultural-zoned areas shall not be deemed a nuisance regardless of operation start date or expansion of activities; exceptions apply for negligent operation or violation of state, federal, local, or county law
Legislative Description
An Act To Amend Title 3 Of The Delaware Code Relating To Agriculture.
Last Action
Reported Out of Committee (Agriculture) in Senate with 4 On Its Merits
6/20/2019
Committee Referrals
Agriculture6/4/2019
Full Bill Text
No bill text available