[Ord. of 1-14-13, § I]
Agriculture plays a significant role in Durham's heritage and
future. The Town officially recognizes the importance of farming to
its rural quality of life, heritage, public health, scenic vistas,
tax base, wetlands, wildlife, and local economy. This article encourages
the pursuit of agriculture, promotes agriculture-based economic opportunities,
and protects farmland within Durham by allowing agricultural uses
and related activities to function with minimal conflict with neighbors
and Town agencies.
It is therefore the declared policy of the Town of Durham and
the Durham Agricultural Commission to conserve and protect agricultural
land, to encourage agricultural operations and the sale of local farm
products within the Town of Durham. It is the purpose and intent of
this article to promote and advance the Town's policy and reduce the
loss of local agricultural resources by limiting circumstances under
which any such operation may be considered a nuisance. Methods of
farming that comport with generally accepted farming practices are
also deemed consistent with community standards. This article is not
to be construed as modifying or abridging state law relative to the
abatement of nuisances, but is to be used in the interpretation and
characterization of activities and in the considering and implementing
enforcement of the provisions of the Code of Ordinances of the Town
of Durham and other applicable State of Connecticut and Town regulations,
consistent with the provisions of G.S. § 19a-341. Additionally,
the terms of this article may be used in determining whether the methods
and practices that may come under review conform to community standards.
[Ord. of 1-14-13, § II]
The right to farm is hereby recognized to exist within the Town
of Durham. No present or future agricultural operation conducted or
maintained in a manner consistent with generally accepted agricultural
practices which is engaged in the act of farming as described in this
article shall become or considered a nuisance solely because such
activity resulted or results in any changed condition of the use of
adjacent land. Agricultural operations may occur provided such activities
do not violate applicable health, safety, environmental or building
codes and regulations and shall include, without limitation:
(1) Odor from livestock, manure fertilizer or feed,
(2) Noise from livestock, or farm equipment used in normal, generally
accepted farming procedures,
(3) Dust created during plowing or cultivation practices,
(4) Use of chemicals, provided such chemicals and the method of application
conform to practices approved by the commissioner of energy and environmental
protection, or where applicable the commissioner of public health.
(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 approved
by the commissioner of energy and environmental protection.
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 agricultural or farming operation, place, establishment
or facility or any of its appurtenances.
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[Ord. of 1-14-13, § III]
The terms "agriculture" and "farming" shall have all those meanings
set forth in G.S. § 1-1(q), as amended.
[Ord. of 1-14-13, § IV]
Residents of Durham may seek assistance from the agricultural
commission with any complaints or concerns they have with respect
to any agricultural operation, place establishment or facility located
in Durham. Residents of Durham may seek assistance from any other
Durham official, board or commission with respect to any agricultural
operation, place establishment or facility located in Durham. The
agricultural commission may provide assistance with any complaint
or concern brought to it or any other official, board or commission.
Nothing herein prohibits residents from making complaints to the Connecticut
Department of Agriculture and seeking a remedy from said department
and any decision of the department of agriculture shall be considered
determinative of the issues presented to said department of agriculture.
Nothing contained in this article shall restrict the powers
of Durham's inland wetlands commission, Planning and Zoning Commission,
building or Health Departments under Connecticut General Statutes.
In addition, these boards and departments are encouraged to adopt
regulations consistent with this article and to make the permanent
preservation of farmland within the Town, a criterion in its planning
policy decisions.