SB5: Right to Farm Act; restoration of certain provisions.
SENATE BILL NO. 5
Be it enacted by the General Assembly of Virginia:
1. That § 3.2-301 of the Code of Virginia is amended and reenacted as follows:
§ 3.2-301. Right to farm; restrictive ordinances.
In order to limit the circumstances under which agricultural
operations may be deemed to be a nuisance, especially when nonagricultural land
uses are initiated near existing agricultural operations, no county locality shall
adopt any ordinance that requires that a special exception or special use
permit be obtained for any production agriculture or silviculture activity in
an area that is zoned as an agricultural district or classification. Counties Localities may
adopt setback requirements, minimum area requirements, and other requirements
that apply to land on which agriculture and silviculture activity is occurring
within the locality that is zoned as an agricultural district or
classification. No locality shall enact zoning ordinances that would
unreasonably restrict or regulate farm structures or farming and forestry
practices in an agricultural district or classification unless such
restrictions bear a relationship to the health, safety, and general welfare of
its citizens. This section shall become effective on April 1, 1995, and from
and after that date all land zoned to an agricultural district or
classification shall be in conformity with this section.