NC H614

Agricultural and forestry operations established for more than one year cannot be declared a nuisance due to changed conditions in the surrounding locality, unless the operation itself is negligently or improperly operated.

"Fundamental change" exception allows nuisance claims against established operations if they undergo substantial changes, but specifically excludes changes in ownership, size, farming interruptions of three years or less, government program participation, new technology adoption, or changes in crop type.

Forestry operations definition expanded to include all tree-growing, managing, and harvesting activities, removing the previous exclusion of sawmill operations.

Courts must award costs and reasonable attorneys' fees to either the agricultural/forestry operation if the nuisance claim is found frivolous or malicious, or to the plaintiff if the operation's affirmative defense is frivolous and malicious.

Prelitigation mediation filing for farm nuisance disputes does not constitute commencement of a legal action, and applicable statutes of limitations are tolled until 30 days after mediation concludes.