SB 364 Prohibits counties from enacting public health ordinances addressing farming activities and exempts farms and farming activities from suits of trespass in certain circumstances
Sponsor: Koster
LR Number: 1276S.06C Fiscal Note: 1276-06
Committee: Agriculture, Conservation, Parks & Natural Resources
Last Action: 5/18/2007 - S Informal Calendar S Bills for Perfection Journal Page:
Title: SCS SB 364 Calendar Position:
Effective Date: August 28, 2007

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Current Bill Summary


SCS/SB 364 - This act prohibits any county public health order, ordinance, rule, or regulation from applying to agricultural operations.

Under current law, farms and farming-related activities are protected against nuisance suits resulting from changed conditions in land around the farm, provided the farm or activity has been in existence at least one year and has not previously been found a nuisance. This act adds protection from suits of trespass for farms and farming activities under the same conditions. Additionally, current law allows farms and farming-related activities to reasonably expand and still retain their protected status against nuisance suits, provided the farm or farming activity meets certain criteria as specified. This act allows farms and farming-related activities to also reasonably diversify or modernize under similar criteria and remain protected against suits of nuisance and trespass.

The act protects farms and farming-related activities from suits of nuisance or trespass for any condition resulting from, but not limited to, the acts of planting, cultivating, harvesting, mowing, applying pesticides or herbicides, land clearing, livestock management, or construction of farm roads, lakes, and ponds.

Farms or farming-related activities are not protected from suits of nuisance or trespass resulting from negligent conduct.

The act removes a provision stating that state regulation of certain concentrated animal feeding operations shall not be construed as restricting local control over concentrated animal feeding operations.

ERIKA JAQUES