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ID H0210
Bill
AI Summary
House Bill No. 210 Summary
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Expands the definition of "agricultural operation" to explicitly include construction, expansion, use, maintenance and repair of agricultural facilities, and conditions such as noise, odors, dust, fumes, and light associated with farming activities.
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Protects agricultural operations, facilities, and expansions from being declared a nuisance if they have been in operation for more than one year and were not a nuisance when they began, unless the operation involves improper or negligent practices.
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Prohibits cities, counties, and other political subdivisions from adopting ordinances or zoning regulations that declare agricultural operations conducted in accordance with generally recognized agricultural practices to be a nuisance, with any such ordinances declared void and unenforceable.
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Adds new provisions stating agricultural operations operated in accordance with generally recognized agricultural practices or in compliance with state or federal permits shall not be found to be public or private nuisances, except in cases of improper or negligent operation.
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Adds a severability clause and corrects code references in urban renewal statutes to clarify that agricultural operations are exempt from deteriorated and deteriorating area designations without owner consent (except for operations unused for three consecutive years).
Legislative Description
Amends and adds to existing law relating to the right to farm to define a term and to revise definitions; to revise provisions providing that a certain operation, facility and expansion are not a nuisance and to revise provisions relating to an exception; to revise provisions relating to local ordinances; to provide provisions relating to nuisance actions; and to provide for severability.
RIGHT TO FARM
Last Action
Governor signed Session Law Chapter 229 Effective: 07/01/11
4/6/2011