[Adopted 6-16-2010 (Ord.
No. 10-055A)]
Pursuant to the powers conferred by Section 7-148(c)(7)(E),
(8), and (10)(A), and in furtherance of the goals of Section 19a-341
of the Connecticut General Statutes, as amended, it is the declared
policy of the Town of Thompson to conserve and protect agricultural
land and to encourage agricultural operations within the Town. It
is the purpose and intent of this article to further the Town's policy
and reduce the loss of agricultural resources and that whatever impact
may be caused to others through the normal practice of agriculture
is offset by the benefits of farming to the neighborhood, community,
and society in general. This article is not to be construed as modifying
or abridging state law, but is to be utilized in the interpretation
and enforcement.
Present, or future, agricultural operations both conducted for
commercial purposes, in a manner consistent with proper and accepted
customs and standards of the agricultural industry, and on a recognized
farm which is engaged in the act of farming shall maintain a right
to farm regardless of any changed condition of the use of adjacent
land. A recognized farm shall conform to the criteria required by
the Connecticut Department of Agriculture, the Connecticut Department
of Revenue Services, and the United States Department of Agriculture.
Agricultural operations may occur on holidays, weekends and weekdays
by night or day and shall include the incidental noise, odors, dust
and fumes associated with normally accepted farming practices. These
provisions shall not apply to the negligent or improper operation
of any such agricultural operation.
As used in this article, the following terms shall have the
meanings indicated:
AGRICULTURAL OPERATIONS
Per Section 1-1(q) of the Connecticut State Statutes, as
amended, means activities relating to agricultural use, including,
but not limited to, the cultivation and tillage of the soil; the burning
of agricultural waste products or other agricultural burning; protection
of crops and livestock from insects, pests, diseases, birds, predators
or other pests damaging or that could potentially damage crops; the
proper and lawful use of agricultural chemicals, including but not
limited to the application of pesticides and fertilizers; or the raising,
production, irrigation, pruning, harvesting, marketing or processing
of an agricultural commodity, including any type of crop or livestock,
and any forestry improvements and timber harvesting and processing.
This would also include the operation and transportation of farm equipment
over roads within the Town and conducting agriculture-related educational,
marketing and farm-based recreational activities, including agritourism,
provided the activities are related to marketing the agricultural
output or services of the farm.
[Amended 5-30-2023]
FARM
Includes farm buildings, and accessory buildings thereto,
nurseries, orchards, ranges, greenhouses, hoop houses 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.
FARMING
Includes 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 operation, management, conservation, marketing,
improvement or maintenance of a farm and its buildings, tools and
equipment.
An interested party may submit a written request to the Thompson
Select Board for an opinion as to whether a particular agricultural
operation would be considered negligent or improperly operated. In
the case that the Selectpersons require prima facie evidence that
such an operation follows generally accepted agricultural practices,
an inspection of the agricultural or farming operation, place, establishment
or facility by the Commissioner of Agriculture or his designee should
be requested.