A.
In recognition that agriculture is the largest industry
in Wicomico County and that it adds many positive benefits to the
quality of life, it is the declared policy of the county to preserve,
protect and encourage the development and improvement of its agricultural
land for the production of food and other agricultural products. When
nonagricultural land uses extend into agricultural areas, agricultural
operations can become the subject of lawsuits. As a result, agricultural
operators are sometimes forced to cease or curtail their operations.
Others are discouraged from making investments in agricultural improvements
to the detriment of the economic viability of the county's agricultural
industry as a whole. It is the purpose of this chapter to reduce the
loss to the county of its agricultural resources by limiting the circumstances
under which agricultural operations may be deemed to constitute a
nuisance, trespass or other interference with the reasonable use and
enjoyment of land, including, but not limited to, smoke, odors, flies,
dust, noise, chemicals or vibration, provided that nothing in this
chapter shall, in any way, restrict or impede the authority of the
state and of the county to protect the public health, safety and welfare,
nor shall it restrict or impede private covenants.
B.
It is in the public interest to promote a more clear
understanding between agricultural operations and nonagricultural
neighbors concerning the normal inconveniences of agricultural operations
which follow generally accepted agricultural practices and do not
endanger public health or safety.
C.
An additional purpose of this chapter is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or use. These potential problems include, but are not limited to, noises, odors, dust, flies, chemicals, smoke, vibration and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas. However, this chapter shall be effective regardless of whether disclosure was made in accordance with § 186-7 herein (right to farm notice and real estate transfer disclosure).
This chapter is not intended to and shall not
be construed as in any way modifying or abridging local, state or
federal laws, including, but not limited to, laws relating to public
health, safety or welfare, trespass onto agricultural property, zoning,
licensing requirements, environmental standards (including those standards
which relate to air and water quality and pesticide use), and the
like.
As used in this chapter, the following terms
shall have the meanings indicated:
All real property within the boundaries of Wicomico County
that is:
Includes, but is not limited to, all matters set forth in
the definition of "operation" in § 5-308(a) of the Courts
and Judicial Proceedings Article of the Annotated Code of Maryland,
as amended from time to time; the production of all matters encompassed
within the definition of "farm product" in § 10-601(C) of
the Agriculture Article, as amended from time to time; the cultivation
and tillage of the soil; the spreading of manure, lime, fertilizer
and the like; composting; spraying; production, harvesting and processing
of agricultural crops; raising poultry and other fowl; production
of eggs; production of milk and dairy products; production of livestock,
including pasturage; production of bees and their products; production
of fruit, vegetables and other horticultural crops; production of
aquatic plants; aquaculture; production of timber; any commercial
agricultural procedure performed as incident to or in conjunction
with such operations, including preparation for market, delivery to
storage or to market or to carriers for transportation to market;
usage of land in furtherance of educational and social goals, (including,
but not limited to 4-H clubs and Future Farmers of America), agro-tourism
and alternative agricultural enterprises; and the like.
Those methods used in connection with agricultural operations
which do not violate applicable federal, state or local laws or public
health, safety and welfare and which are agricultural practices in
the agriculture industry. Generally accepted agricultural management
practices include practices which are recognized as generally accepted
management practices and those methods which are authorized by various
governmental agencies, bureaus and departments, such as the Wicomico
County Cooperative Extension Service of the University of Maryland,
the Wicomico County Soil Conservation Districts and the like. If no
generally accepted agricultural management practice exists or if there
is no method authorized by those agencies mentioned herein which governs
a practice, the practice is presumed to be a generally accepted agricultural
management practice.
A.
A private action may not be sustained with respect
to an agricultural operation conducted on agricultural land on the
grounds that the agricultural operation interferes or has interfered
with the use or enjoyment of property, whether public or private,
if the agricultural operation was, at the time the interference is
alleged to arise, conducted substantially in accordance with generally
accepted agricultural management practices.
B.
Notwithstanding any provision of this section, no action alleging that agricultural operation has interfered with the reasonable use or enjoyment of real property or personal well-being shall be maintained if the plaintiff has not sought and obtained a final judgment of the Agricultural Reconciliation Committee, as defined in § 186-5 herein.
