2013 Maryland Code
COURTS AND JUDICIAL PROCEEDINGS
§ 5-403 - Nuisance suits against agricultural operations

§5-403.

(a) (1) In this section, “agricultural operation” means an operation for the processing of agricultural crops or on-farm production, harvesting, or marketing of any agricultural, horticultural, silvicultural, aquacultural, or apicultural product that has been grown, raised, or cultivated by the farmer.

(2) Notwithstanding § 5-101 of the Natural Resources Article, “silvicultural operation” means implementation of forestry practices, including the establishment, composition, growth, and harvesting of trees.

(b) (1) This section does not:

(i) Prohibit a federal, State, or local government from enforcing health, environmental, zoning, or any other applicable law;

(ii) Relieve any agricultural or silvicultural operation from the responsibility of complying with the terms of any applicable federal, State, and local permit required for the operation;

(iii) Relieve any agricultural or silvicultural operator from the responsibility to comply with any federal, State, or local health, environmental, and zoning requirement; or

(iv) Relieve any agricultural or silvicultural operation from liability for conducting an agricultural operation in a negligent manner.

(2) This section does not apply to any agricultural operation that is operating without a fully and demonstrably implemented nutrient management plan for nitrogen and phosphorus if otherwise required by law.

(c) If an agricultural operation or silvicultural operation has been under way for a period of 1 year or more and if the operation is in compliance with applicable federal, State, and local health, environmental, zoning, and permit requirements relating to any nuisance claim and is not conducted in a negligent manner:

(1) The operation, including any sight, noise, odors, dust, or insects resulting from the operation, may not be deemed to be a public or private nuisance; and

(2) A private action may not be sustained on the grounds that the operation interferes or has interfered with the use or enjoyment of other property, whether public or private.

(d) (1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a person who is engaged in an agricultural or silvicultural operation.

(2) This section does not affect, and may not be construed as affecting, any defenses available at common law to a defendant who is engaged in an agricultural or silvicultural operation and subject to an action for nuisance.

(e) (1) This subsection does not apply to an action brought by a government agency.

(2) If a local agency is authorized to hear a nuisance complaint against an agricultural operation, a person may not bring a nuisance action against an agricultural operation in any court until:

(i) The person has filed a complaint with the local agency; and

(ii) The local agency has made a decision or recommendation on the complaint.

(3) If there is no local agency authorized to hear a nuisance complaint against an agricultural operation, a person may not bring a nuisance action against an agricultural operation in any court until:

(i) The person has referred a complaint to the State Agricultural Mediation Program in the Department of Agriculture under Title 1, Subtitle 1A of the Agriculture Article; and

(ii) The Department certifies that mediation has been concluded.

§ 5-403 - 1. Private nuisance actions against sport shooting ranges

(a) "Sport shooting range" defined. -- In this section, "sport shooting range" means an area designed and used for trapshooting, skeetshooting, or other target shooting.

(b) Scope of section. -- This section applies only to private nuisance actions and does not apply to public nuisance actions.

(c) Resumption of shooting activity. -- If there has been no shooting activity at a sport shooting range for a period of 3 consecutive years, the date of resumption of shooting activity is considered the date of the establishment of a sport shooting range for purposes of this section.

(d) Limitations on nuisance actions. --

(1) Except as provided in paragraph (2) of this subsection, a person may not bring a civil nuisance action for noise against a person who owns, operates, or uses a sport shooting range located within the vicinity of the property of the person bringing the action if the sport shooting range was established as of the date the person acquired the property.

(2) This section may not be construed to limit a nuisance action against a sport shooting range established on or after June 1, 1997.