[HISTORY: Adopted by the Town of East Haddam 3-28-2013. Amendments noted where applicable.]
For purposes of this chapter, the terms "agriculture" and "farming"
shall have the same definition and meaning as set forth in Connecticut
General Statutes § 1-1(q), as may be amended from time to
time, as set forth below:
(q) Except as otherwise specifically defined, the words "agriculture"
and "farming" shall include 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 such farming operations;
the production or harvesting of maple syrup or maple sugar, or any
agricultural commodity, including lumber, as an incident to ordinary
farming operations or the harvesting of mushrooms, the hatching of
poultry, or the construction, operation or maintenance of ditches,
canals, reservoirs or waterways used exclusively 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 ordinary 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. The term
"farm" 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. The term "aquaculture" means the farming of the waters
of the state and tidal wetlands and the production of protein food,
including fish, oysters, clams, mussels and other molluscan shellfish,
on leased, franchised and public underwater farm lands. Nothing herein
shall restrict the power of a local zoning authority under Chapter
124.
The purpose of this chapter is:
A.
To protect
and promote agriculture, including the growth of existing agricultural
operations and the production and sale of locally grown food products;
B.
To reduce
the loss of local agricultural resources;
C.
To mitigate
the circumstances under which disputes arise between farmers and their
neighbors and/or public agencies; and
D.
To reduce
the potential for any agricultural use to be considered or determined
a nuisance.
The methods of farming that comport with generally accepted
farming practices are deemed consistent with community standards.
As long as farmers are in compliance with generally accepted farming
practices, their agricultural uses will be deemed to be consistent
with community standards and within the protections granted to agricultural
uses under Connecticut General Statutes § 19a-341 as set
forth below:
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(a)
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Notwithstanding any general statute or municipal ordinance or
regulation pertaining to nuisances to the contrary, no agricultural
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 Energy
and 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 Energy
and 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.
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(b)
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Notwithstanding any general statute or municipal ordinance or
regulation pertaining to nuisances, no operation to collect spring
water or well water, as defined in section 21a-150, shall be deemed
to constitute a nuisance, either public or private, due to alleged
objectionable noise from equipment used in such operation, provided
the operation (1) conforms to generally accepted practices for the
collection of spring water or well water, (2) has received all approvals
or permits required by law, and (3) complies with the local zoning
authority's time, place and manner restrictions on operations to collect
spring water or well water.
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(c)
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The provisions of this section shall not apply whenever a nuisance
results from negligence or willful or reckless misconduct in the operation
of any such agricultural or farming operation, place, establishment
or facility, or any of its appurtenances.
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The right to farm is hereby recognized to exist in East Haddam
and all agricultural operations conducted in East Haddam, now and
in the future, in a manner consistent with accepted agricultural practices
(and not in violation of statutes, ordinances, codes, regulations
and rules as promulgated by the legislative bodies of the state and
Town, their or its boards and commissions, offices and agencies with
respect to land use, public health and safety) shall not be considered
either a public or private nuisance.
A.
Residents
and property owners may seek answers and assistance from the Agriculture
Commission regarding questions they have with respect to any agricultural
operation, establishment or facility located in East Haddam.
B.
Residents
and property owners may seek assistance from other East Haddam officials,
boards or commissions with respect to any agricultural operation,
establishment or facility located in East Haddam.
C.
Nothing
herein prohibits residents from taking their questions or complaints
to the Connecticut Department of Agriculture and seeking a remedy
from said Department, and any final administrative decision of the
Department of Agriculture shall be considered determinative of the
issues presented to said Department of Agriculture.
The Board of Selectmen authorizes the Agriculture Commission
to promote and advance the right to farm as part of a Town policy
by:
A.
Disseminating
information to Town agencies and officials and to the general public
concerning state and local laws concerning agricultural uses and practices,
including but not limited to C.G.S. § 19a-341, Agricultural
or farming operation not deemed a nuisance.
B.
Disseminating
information to Town agencies and officials and to the general public
concerning generally accepted agricultural practices.
C.
Assisting
Town agencies and officials with resolution of complaints lodged against
an agricultural or farming operation or use.
D.
Assisting
landowners with resolution of complaints when one or more of the landowners
is a farmer or engaged in an agricultural operation or use.
Nothing contained in this chapter shall be construed or interpreted
to conflict with existing statutes, ordinances, codes, regulations
and rules as promulgated by the legislative bodies of the state and
Town, their or its boards and commissions, offices, officers and agencies
with respect to land use, public health and public safety or conflict
with any state law, regulation or judicial or administrative ruling
with respect to abatement of nuisances as described in C.G.S. § 19a-341.
Nothing contained in this chapter is intended to restrict or interfere
with the powers, regulatory authority, responsibilities and duties
of the Inland Wetlands and Watercourses Commission, Planning and Zoning
Commission, Zoning Enforcement Officer, Building Department, Fire
Commissioners or the Chatham Health District. All offices, agencies,
boards and commissions are encouraged to review and on an as-needed
basis to adopt such regulations and rules consistent with this chapter
to make preservation of farmland and promoting agricultural operations
within the Town of East Haddam a criterion in their planning policy
decisions.
