3.2-302 - When agricultural operations do not constitute nuisance. - Virginia Statutes

§ 3.2-302. When agricultural operations do not constitute nuisance.

A. No agricultural operation or any of its appurtenances shall be or become anuisance, private or public, if such operations are conducted in accordancewith existing best management practices and comply with existing laws andregulations of the Commonwealth. The provisions of this section shall notapply whenever a nuisance results from the negligent or improper operation ofany such agricultural operation or its appurtenances.

B. The provisions of subsection A shall not affect or defeat the right of anyperson to recover damages for any injuries or damages sustained by them onaccount of any pollution of, or change in condition of, the waters of anystream or on the account of any overflow of lands of any such person.

C. Any and all ordinances of any unit of local government now in effect orhereafter adopted that would make the operation of any such agriculturaloperation or its appurtenances a nuisance or providing for abatement thereofas a nuisance in the circumstance set forth in this section are and shall benull and void. The provisions of this section shall not apply whenever anuisance results from the negligent or improper operation of any suchagricultural operation or any of its appurtenances.

(1981, c. 384, § 3.1-22.29; 1994, c. 779; 2008, c. 860.)