[HISTORY: Adopted by the Board of Commissioners of the Town
of Guilford as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Agricultural Commission — See Ch. 3.
[Adopted 5-2-2011]
The title of this article shall be the "Town of Guilford Right
to Farm Ordinance."
This article is enacted pursuant to the powers conferred upon
by Section 7-148(c)(7)(E) and in furtherance of the goals of Section
19a-341 of the Connecticut General Statutes. The purpose of this article
is to protect agricultural land and to encourage agricultural operations
and the sale of local farm products within the Town, consistent with
the Town's heritage and for the benefit of the Town's residents,
by limiting the circumstances in which agricultural operations can
be considered a nuisance.
The following definitions shall apply in the interpretation
and enforcement of this article:
The cultivation of the soil, dairying, forestry, raising
or harvesting any agricultural or horticultural commodity, including
the raising, shearing, feeding, caring for, training and management
of livestock, including horses, bees, poultry, fur-bearing animals
and wildlife, and the raising or harvesting of oysters, clams, mussels,
other molluscan shellfish or fish; the operation, management, conservation,
improvement or maintenance of a farm and its buildings, tools and
equipment, or salvaging timber or cleared land of brush or other debris
left by a storm, as an incident to farming operations; the production
or harvesting of maple syrup or maple sugar, or any agricultural commodity,
including lumber, as an incident to ordinary farming, or the harvesting
of mushrooms, the hatching of poultry, or the construction, operation
or maintenance of ditches, canals, reservoirs or waterways used primarily
for farming purposes; handling, planting, drying, packing, packaging,
processing, freezing, grading, storing or delivering to storage or
to market, or to a carrier for transportation to market, or for direct
sale, any agricultural or horticultural commodity as an incident to
farming operations or, in the case of fruits and vegetables, as an
incident to the preparation of such fruits or vegetables for market
or for direct sale.
That portion of each tract of land that is used or was historically
used for agricultural or farming operations. In conformance with Section
1-1q of the Connecticut General Statutes, the term "farm" also includes
farm buildings and accessory buildings thereto, nurseries, orchards,
ranges, greenhouses, hoophouses and other temporary structures or
other structures used primarily for the raising and, as an incident
to ordinary farming operations, the sale of agricultural or horticultural
commodities.
A.
Notwithstanding any general statute or municipal ordinance or regulation
pertaining to nuisances to the contrary, no agriculture or farming
operation, place, establishment or facility, or any of its appurtenances,
or the operation thereof shall be deemed to constitute a nuisance,
either public or private, due to alleged objectionable:
(1)
Odor from livestock, manure, fertilizer or feed;
(2)
Noise from livestock, or farm equipment used in normal, generally
acceptable farming procedures;
(3)
Dust created during plowing or cultivation operations;
(4)
Use of chemicals, provided such chemicals and the method of their
application conform to practices approved by the Commissioner of Environmental
Protection or, where applicable, the Commissioner of Public Health;
or
(5)
Water pollution from livestock or crop production activities, except
the pollution of public or private drinking water supplies, provided
such activities conform to acceptable management practices for pollution
control approved by the Commissioner of Environmental Protection;
provided such agricultural or farming operation, place, establishment
or facility has been in operation for one year or more and has not
been substantially changed and such operation follows generally accepted
agricultural practices. Inspection and approval of the agricultural
or farming operation, place, establishment or facility by the Commissioner
of Agriculture or his designee shall be prima facie evidence that
such operation follows generally accepted agricultural practices.
B.
The provisions of this article shall not apply whenever a nuisance
results from negligence or willful or reckless misconduct in the operation
of any such agriculture or farming operation, place, establishment
or facility, or any of its appurtenances.
C.
Nothing contained in this article shall restrict the power of the
Guilford Planning and Zoning Commission under Chapter 124 of the General
Statutes. The Planning and Zoning Commission is urged to adopt regulations
consistent with this article and to make the permanent preservation
of farmland within this municipality a criterion in its planning and
policy decisions.
