§ 17-10-301. Agricultural operations as a defense in private nuisance action.
Latest version.
(a) Definition. In this section, “agricultural operation” means the production of food and other agricultural products, including structures, vehicles, or other farm machinery, conditions, or associated activities. Types of agricultural operations include: cultivation of land; raising or production of poultry; production of eggs; production of milk and other dairy products; production of fruits, vegetables, or other horticultural or floricultural crops; raising, production, or the occasional slaughtering and rendering of livestock, including the livestock listed in the Agriculture Article, § 1-101(e), of the State Code; pasturage; apiaries; silvaculture; and wineries. The term does not include regular rendering; manufacturing or processing of feed products, tallow, or grease; or bone distillation.
(b) Defense. If it is alleged in a private action that an agricultural operation interferes with the use and enjoyment of private property, because that action constitutes a private nuisance, the person charged in the action shall not be liable if the agricultural operation:
(1) is being conducted in accordance with generally accepted agricultural practices and conforms to federal, State, and County law; or
(2) commenced prior to the use of the property by the person alleged to have suffered injury as a result of the operation.
(c) Negligent or willfully injurious conduct. The defenses authorized by subsection (b) do not apply to an agricultural operation conducted in a negligent or willfully injurious manner.
(1985 Code, Art. 17, § 1-106) (Bill No. 58-04)
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