Chapter 077

2006 -- H 7343 SUBSTITUTE A

Enacted 06/14/06

 

A N A C T

RELATING TO AGRICULTURE AND FORESTRY

     

     

     Introduced By: Representatives Shanley, Lewiss, Scott, and Kennedy

     Date Introduced: February 15, 2006

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Title 2 of the General Laws entitled "Agriculture and Forestry" is hereby

amended by adding thereto the following chapter:

 

     CHAPTER 23.2

PRESERVATION OF AGRICULTURAL USE

 

     2-23.2-1. Purpose. – The purpose of this chapter is to provide for the preservation of

agriculture by protecting persons engaged in agricultural operations on agricultural lands, the

development rights to which have been conveyed against changes in rules, regulations and

requirements that would impair the ability to continue agricultural operations that were allowable

at the time of the transfer of the development rights.

 

     2-23.2-2. Definitions. – As used in this chapter, the following terms and phrases shall

have the meaning set forth in this section unless the context indicates a different meaning or

intent:

     (1) "Agricultural land" means land conforming to the definition of agricultural land set

forth in section 42-82-2.

     (2) "Agricultural operation" means any activity defined as an agricultural operation in

section 2-23-4.

     (3) "Development right" means a development right conforming to the definition of a

development right as set forth in section 42-82-2.

 

     2-23.2-3. Right to agricultural use. – Unless explicitly curtailed, defined or restricted by

an instrument conveying development rights to agricultural land, the right to engage in

agricultural operations shall include all activities reasonably associated with and/or necessary to

such agricultural operations that were allowable on the agricultural land as of the date of the final

execution of the instrument conveying such development rights. A right to engage in such

allowable agricultural operations shall be deemed to be an implied condition of the instrument.

 

     2-23.2-4. Effect of rules and regulations. – All rules, regulations, ordinances and other

requirements of the state and agencies, corporations, boards, commissions and political

subdivisions of the state that are applicable to the conduct of agricultural operations allowable as

of the date of the final execution of the instrument conveying development rights shall continue

to apply to agricultural operations on such agricultural land. Unless specifically provided for by

law or unless necessary to protect public health, safety or the environment from imminent hazard,

no rule, regulation or requirement adopted by any agency, corporation, board, commission and/or

political subdivision of the state after the date of such final execution of an instrument conveying

development rights shall be deemed to diminish, restrict or impair such allowable agricultural

activities, except as may be necessary not to impair the actual agricultural operations of another

person engaged in agricultural operations, including those who have not conveyed development

rights.

     The limitations herein established shall not be deemed to diminish or impair the adoption,

amendment, implementation, or enforcement of rules, regulations, ordinances, or other

requirements that do not directly affect actual agricultural operations that are undertaken for the

purposes of producing agricultural products.

 

     2-23.2-5. Construction. – The provisions of this chapter shall apply to all instruments

conveying development rights in effect as of or after the effective date of this chapter.

 

     2-23.2-6. Severability. – If any provision of this chapter, or determination made under

this chapter, or application of this chapter to any person, agency or circumstances is held invalid

by a court of competent jurisdiction, the remainder of this chapter and its application to any

person, agency or circumstances shall not be affected by the invalidity. The invalidity of any

section or sections of this chapter shall not affect the remainder of this chapter.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC02271/SUB A

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