The right to farm is hereby recognized to exist within the Town.
No present or future agricultural operation conducted or maintained
in a manner consistent with accepted agricultural practices as set
forth in Section 19a-341 of the Connecticut General Statutes, as amended,
which is engaged in the act of farming as defined in this ordinance
shall become, or be considered, a nuisance. Agricultural operations
may occur any day or night, provided such activities do not violate
applicable health, safety, fire, zoning, wetlands, life safety, environmental,
or building codes and regulations, and shall include, without limitation:
(1) the incidental noise from livestock or farm equipment used in
generally accepted farming practices; (2) odors from livestock, manure,
fertilizer, or feed; (3) dust and fumes associated with normally accepted
farming practices; (4) the use of agricultural chemicals provided
such chemicals and the method of their application conform to practices
approved by the State of Connecticut; and (5) irrigation and water
management associated with normally accepted farming practices.
Inspection and approval of the agricultural or farming operation,
place, establishment or facility by the State Commissioner of Agriculture
or his/her designee shall be prima facie evidence that such operations
follow generally accepted agricultural practices. Nothing contained
in this chapter shall restrict the powers of the Town's agencies,
including the Inland Wetlands and Watercourses Commission, Planning
and Zoning Commission, Building and Health Departments under Connecticut
General Statutes.