2005 Washington Revised Code RCW 7.48.305: Agricultural activities and forest practices — Presumed reasonable and not a nuisance — Exception — Damages.

    Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland and forest practices, if consistent with good agricultural and forest practices and established prior to surrounding nonagricultural and nonforestry activities, are presumed to be reasonable and shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety.

         If those agricultural activities and forest practices are undertaken in conformity with all applicable laws and rules, the activities are presumed to be good agricultural and forest practices not adversely affecting the public health and safety for purposes of this section and RCW 7.48.300. An agricultural activity that is in conformity with such laws and rules shall not be restricted as to the hours of the day or day or days of the week during which it may be conducted.

         Nothing in this section shall affect or impair any right to sue for damages.

    [1992 c 151 § 1; 1992 c 52 § 3; 1979 c 122 § 2.]

Notes:
         Reviser's note: This section was amended by 1992 c 52 § 3 and by 1992 c 151 § 1, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).

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