3.2-301 - Right to farm; restrictive ordinances. - Virginia Statutes

§ 3.2-301. Right to farm; restrictive ordinances.

In order to limit the circumstances under which agricultural operations maybe deemed to be a nuisance, especially when nonagricultural land uses areinitiated near existing agricultural operations, no county shall adopt anyordinance that requires that a special exception or special use permit beobtained for any production agriculture or silviculture activity in an areathat is zoned as an agricultural district or classification. Counties mayadopt setback requirements, minimum area requirements, and other requirementsthat apply to land on which agriculture and silviculture activity isoccurring within the locality that is zoned as an agricultural district orclassification. No locality shall enact zoning ordinances that wouldunreasonably restrict or regulate farm structures or farming and forestrypractices in an agricultural district or classification unless suchrestrictions bear a relationship to the health, safety, and general welfareof its citizens. This section shall become effective on April 1, 1995, andfrom and after that date all land zoned to an agricultural district orclassification shall be in conformity with this section.

(1981, c. 384, § 3.1-22.28; 1991, c. 293; 1994, c. 779; 2007, c. 444; 2008,c. 860.)