TITLE 2
Agriculture and Forestry

CHAPTER 2-19
Arborists

SECTION 2-19-4.2


§ 2-19-4.2 Nuisance actions against arboriculture operations or mulching operations.

(a) No arboriculture operation or mulching operation, as defined in this chapter may be found to be a public or private nuisance, due to alleged objectionable:

(1) Noise from equipment used in normal, generally accepted arboriculture or mulching operations;

(2) Dust created from normal, generally accepted arboriculture or mulching operations;

(3) Use of pesticides, rodenticides, insecticides, herbicides, or fungicides.

This provision pertains only to nuisance actions under chapter 1 of title 10.

(b) No rule or regulation of the department of transportation shall be enforced against any arboriculture operation or mulching operation to prevent it from placing a seasonal directional sign or display on the state's right-of-way, on the condition that said sign or display conforms with the local zoning ordinance, and that sign or display is promptly removed by the arboriculture operation or mulching operation upon the conclusion of the season for which said sign or display was placed.

(c) The provisions of this section do not apply to arboriculture operations or mulching operations that operate in a malicious or negligent manner, or that conduct operations in violation of federal or state law.

History of Section.
(P.L. 2013, ch. 451, § 2; P.L. 2013, ch. 482, § 2.)