CODE OF VIRGINIA

RIGHT TO FARM; RESTRICTIVE ORDINANCES (§ 3.2-301)

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 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. 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.

HISTORY: 1981, c. 384, § 3.1-22.28; 1991, c. 293; 1994, c. 779; 2007, c. 444;
2008, c. 860; 2014, c. 246.