[Adopted 9-27-2019 by Ord. No. 2763]
(a)
Agriculture plays a significant role in Windham'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 and wildlife, and local economy. This Right to Farm Article
encourages the pursuit of agriculture, promotes agriculture-based
economic opportunities, and protects farmland within Windham by allowing
agricultural uses and related activities to function with minimal
conflict with abutters and Town agencies.
(b)
It is declared policy of the Town of Windham to conserve, protect
and encourage the maintenance and improvement of agricultural land
for the production of food and other agricultural products and for
its natural and ecological value. It is hereby further determined
that whatever impact may be caused to others through generally accepted
agricultural practices including roadside farm stands, such impact
is offset and ameliorated by the benefits of farming to the neighborhood,
community and society in general.
Shall have all those meaning set forth in Section 1-1(q)
of the Connecticut General Statutes, as amended.
(a)
No present or future agricultural operation conducted or maintained
in a manner consistent with accepted agricultural practices, which
is engaged in the act of farming as defined by this article shall
become or be considered a nuisance solely because such activity resulted
or results in any changed condition of the use of adjacent land. Agricultural
operations may occur any day or night, provided that such activities
do not violate applicable health, safety, fire, zoning, wetland, 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 acceptable farming practices;
(2)
Dust and fumes associated with normally accepted farming practices;
(3)
The use of agricultural chemicals, provided that such chemicals
and the method of their application conform to practices approved
by the State of Connecticut; and
(4)
Irrigation and water management associated with normally accepted
farming practices.
(b)
Inspection and approval of the agricultural or farming operation,
place, establishment or facility by the Commission of Agriculture
or his/her designee shall be prima facie evidence that such operations
follow generally accepted agricultural practices. Nothing contained
in this article shall restrict the powers of Windham's Inland Wetlands
Commission, Planning and Zoning Commission, Building or Health Departments
under Connecticut General Statutes.
