2006 Code of Virginia § 3.1-22.29 - When agricultural operations do not constitute nuisance

3.1-22.29. When agricultural operations do not constitute nuisance.

A. No agricultural operation or any of its appurtenances shall be or become anuisance, private or public, if such operations are conducted in accordancewith existing best management practices and comply with existing laws andregulations of the Commonwealth. The provisions of this section shall notapply whenever a nuisance results from the negligent or improper operation ofany such agricultural operation or its appurtenances.

B. For the purposes of this chapter, "agricultural operation" shall meanany operation devoted to the bona fide production of crops, or animals, orfowl, including but not limited to the production of fruits and vegetables ofall kinds; meat, dairy, and poultry products; nuts, tobacco, nursery andfloral products; and the production and harvest of products from silvicultureactivity.

C. The provisions of subsection A shall not affect or defeat the right of anyperson, firm, or corporation to recover damages for any injuries or damagessustained by them on account of any pollution of, or change in condition of,the waters of any stream or on the account of any overflow of lands of anysuch person, firm, or corporation.

D. Any and all ordinances of any unit of local government now in effect orhereafter adopted that would make the operation of any such agriculturaloperation or its appurtenances a nuisance or providing for abatement thereofas a nuisance in the circumstance set forth in this section are and shall benull and void; however, the provisions of this section shall not applywhenever a nuisance results from the negligent or improper operation of anysuch agricultural operation or any of its appurtenances.

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