HF1221 Summary

• Agricultural operations in agriculturally zoned areas that comply with all applicable laws, regulations, and generally accepted agricultural practices are protected from nuisance liability after two years of operation.

• For the first two years of operation, compliant agricultural operations have a rebuttable presumption of not being a public or private nuisance.

• Nuisance liability protection does not apply to animal feedlot facilities with swine capacity of 1,000 or more animal units or cattle capacity of 2,500 or more animals.

• Nuisance liability protection does not apply to criminal prosecutions for public nuisance under section 609.74 or actions by public authorities to abate public nuisances.

• Nuisance liability protection does not apply to local government enforcement actions related to zoning under chapters 394 or 462.