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SB 364 - This act provides that state laws and regulations shall preempt local laws regarding agricultural operations and provides that any farm or farming-related activity that is in compliance with all applicable state and federal laws shall also therefore be in compliance with any local law or ordinance. Local laws regarding the licensing or operation of a farm or farming-related activity that are not identical to state law and regulations, as promulgated by the Department of Natural Resources, are rendered null and void by the act. This act does not limit the planning and zoning authority of first class counties. 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 and violation of local ordinances 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, trespass, or ordinance violation. 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. ERIKA JAQUES
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