2006 Code of Virginia § 3.1-22.28 - Right to farm; restrictive ordinances

3.1-22.28. Right to farm; restrictive ordinances.

In order to limit the circumstances under which agricultural operations maybe deemed to be a nuisance, especially when nonagricultural land uses areinitiated near existing agricultural operations, no county shall adopt anyordinance that requires that a special exception or special use permit beobtained for any production agriculture or silviculture activity in an areathat is zoned as an agricultural district or classification. For the purposeof this section, "production agriculture and silviculture" means the bonafide production or harvesting of agricultural or silvicultural products butshall not include the processing of agricultural or silvicultural products orthe above ground application or storage of sewage sludge. However, countiesmay adopt setback requirements, minimum area requirements, and otherrequirements that apply to land on which agriculture and silvicultureactivity is occurring within the locality that is zoned as an agriculturaldistrict or classification. No county, city or town shall enact zoningordinances which would unreasonably restrict or regulate farm structures orfarming and forestry practices in an agricultural district or classificationunless such restrictions bear a relationship to the health, safety andgeneral welfare of its citizens. This section shall become effective on April1, 1995, and from and after that date all land zoned to an agriculturaldistrict or classification shall be in conformity with this section.

(1981, c. 384; 1991, c. 293; 1994, c. 779.)