TITLE 22

AGRICULTURE AND HORTICULTURE

CHAPTER 45

RIGHT TO FARM

22-4502.  Definitions. As used in this chapter:

(1)  "Agricultural facility" includes, without limitation, any land, building, structure, ditch, drain, pond, impoundment, appurtenance, machinery or equipment that is used in an agricultural operation.

(2)  "Agricultural operation" means an activity or condition that occurs in connection with the production of agricultural products for food, fiber, fuel and other lawful uses, and includes, without limitation:

(a)  Construction, expansion, use, maintenance and repair of an agricultural facility;

(b)  Preparing land for agricultural production;

(c)  Applying pesticides, herbicides or other chemicals, compounds or substances labeled for insects, pests, crops, weeds, water or soil;

(d)  Planting, irrigating, growing, fertilizing, harvesting or producing agricultural, horticultural, floricultural and viticultural crops, fruits and vegetable products, field grains, seeds, hay, sod and nursery stock, and other plants, plant products, plant byproducts, plant waste and plant compost;

(e)  Breeding, hatching, raising, producing, feeding and keeping livestock, dairy animals, swine, fur-bearing animals, poultry, eggs, fish and other aquatic species, and other animals, animal products and animal byproducts, animal waste, animal compost, and bees, bee products and bee byproducts;

(f)  Processing and packaging agricultural products, including the processing and packaging of agricultural products into food and other agricultural commodities;

(g)  Manufacturing animal feed;

(h)  Transporting agricultural products to or from an agricultural facility;

(i)  Noise, odors, dust, fumes, light and other conditions associated with an agricultural operation or an agricultural facility;

(j)  Selling agricultural products at a farmers or roadside market;

(k)  Participating in a government-sponsored agricultural program; and

(l)  The ingress and egress of agricultural aircraft to agricultural lands or treatment areas.

(3)  "Nonagricultural activities," for the purposes of this chapter, means residential, commercial or industrial property development and use not associated with the production of agricultural products.

(4)  "Improper or negligent operation" means that the agricultural operation is not undertaken in conformity with federal, state and local laws and regulations or permits, and adversely affects the public health and safety.

History:

[22-4502, added 1981, ch. 177, sec. 1, p. 311; am. 1997, ch. 341, sec. 1, p. 1025; am. 1999, ch. 377, sec. 1, p. 1035; am. 2011, ch. 229, sec. 1, p. 623; am. 2022, ch. 116, sec. 1, p. 424.]