CODE OF VIRGINIA

WHEN AGRICULTURAL OPERATIONS DO NOT CONSTITUTE NUISANCE (§ 3.2-302)

A. No agricultural operation or any of its appurtenances shall be or become a
nuisance, private or public, if such operations are conducted in accordance with
existing best management practices and comply with existing laws and regulations
of the Commonwealth. The provisions of this section shall not apply whenever a
nuisance results from the negligent or improper operation of any such
agricultural operation or its appurtenances.

B. The provisions of subsection A shall not affect or defeat the right of any
person to recover damages for any injuries or damages sustained by them on
account of any pollution of, or change in condition of, the waters of any stream
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 or
hereafter adopted that would make the operation of any such agricultural
operation or its appurtenances a nuisance or providing for abatement thereof as
a nuisance in the circumstance set forth in this section are and shall be null
and void. The provisions of this section shall not apply whenever a nuisance
results from the negligent or improper operation of any such agricultural
operation or any of its appurtenances.

HISTORY: 1981, c. 384, § 3.1-22.29; 1994, c. 779; 2008, c. 860.