[HISTORY: Adopted by the Laws of 1997, ch. 38. Amendments
noted where applicable.]
GENERAL REFERENCES
Right to farm — See Ch. 127.
(A)
Subject to Subsection (C) of this section, the County Commissioners
may adopt an ordinance to protect a person's right to farm or
to engage in agricultural or forestry operations.
(B)
In adopting an ordinance under this section, the County Commissioners
may:
(1)
Define the terms "agricultural or forestry operations", "generally
accepted agricultural or forestry practices", and any other terms
necessary to carry out the provisions of this section;
(2)
Provide that a private action may not be maintained with respect to an agricultural or forestry operation on
the grounds that the operation interferes or has interfered with the
use or enjoyment of property, whether public or private, if, at the
time the interference is alleged to arise:
(i)
The agricultural or forestry operation, including any change
in the operation, has been under way for a period of 1 year or more
and if the operation or the change did not constitute a nuisance from
the date the operation began or the date the change in the operation
began; and
(ii)
The agricultural or forestry operation is conducted substantially
in accordance with generally accepted agricultural or forestry practices;
(3)
Establish a grievance committee to arbitrate disputes involving agricultural
or forestry operations and whether agricultural or forestry operations
are conducted in a manner consistent with generally accepted agricultural
or forestry practices;
(4)
Require a person claiming a nuisance as a result of agricultural
or forestry operations to arbitrate the claim before the grievance
committee before maintaining a private action in court;
(5)
Provide that if the grievance committee finds that the conduct of
a person claiming a nuisance as a result of agricultural or forestry
operations was in bad faith or without substantial justification,
the grievance committee shall require the person claiming the nuisance
to pay the person against whom the complaint was made the costs of
the arbitration proceeding and the reasonable expenses, including
reasonable attorney fees, incurred by the person against whom the
complaint was made in defending against the claim;
(6)
Require a transferor of real property to provide to the transferee
notice advising the transferee of the Dorchester County right to farm
ordinance; and
(7)
Include any other measure the County Commissioners find necessary
to protect agricultural or forestry operations in Dorchester County.
(8)
Before adopting an ordinance under this section, the
County Commissioners shall hold a public hearing and shall provide
reasonable notice of the hearing.
