HF 1356

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; expanding nuisance liability 
  1.3             protection for agricultural operations; amending 
  1.4             Minnesota Statutes 2000, section 561.19, subdivisions 
  1.5             1 and 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2000, section 561.19, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.10  section, the following terms have the meanings given them:  
  1.11     (a) "Agricultural operation" means a facility and its 
  1.12  appurtenances for the production of crops, livestock, poultry, 
  1.13  dairy products or poultry products, but not a facility primarily 
  1.14  engaged in processing agricultural products.  
  1.15     (b) "Established date of operation" means the date on which 
  1.16  the agricultural operation commenced.  If the agricultural 
  1.17  operation is subsequently expanded or significantly altered, the 
  1.18  established date of operation for each expansion or alteration 
  1.19  is deemed to be the date of commencement of the expanded or 
  1.20  altered operation.  As used in this paragraph, "expanded or 
  1.21  significantly altered" means:  
  1.22     (1) an expansion by at least 25 percent in the amount of a 
  1.23  particular crop grown or the number of a particular kind of 
  1.24  animal or livestock located on an agricultural operation; or 
  1.25     (2) a distinct change in the kind of agricultural 
  2.1   operation, as in changing from one kind of crop, livestock, 
  2.2   animal, or product to another, but not merely a change from one 
  2.3   generally accepted agricultural practice to another in producing 
  2.4   the same crop or product. The established date of operation does 
  2.5   not change as a result of one or more of the following changes 
  2.6   in the agricultural operation: 
  2.7      (1) a change in ownership; 
  2.8      (2) a change in the size and scope of farming activities; 
  2.9      (3) temporary cessation or interruption of farming 
  2.10  activities; 
  2.11     (4) enrollment of agricultural land in government programs; 
  2.12     (5) adoption of new technologies; or 
  2.13     (6) a change in the type of farm product produced. 
  2.14     Sec. 2.  Minnesota Statutes 2000, section 561.19, 
  2.15  subdivision 2, is amended to read: 
  2.16     Subd. 2.  [AGRICULTURAL OPERATION NOT A NUISANCE.] (a) An 
  2.17  agricultural operation is not and shall not become a private or 
  2.18  public nuisance after two years from its established date of 
  2.19  operation if the operation was not a nuisance at its established 
  2.20  date of operation.  
  2.21     (b) An agricultural operation is operating according to 
  2.22  generally accepted agricultural practices if it is located in an 
  2.23  agriculturally zoned area and complies with the provisions of 
  2.24  all applicable federal and state statutes and rules or any 
  2.25  issued permits for the operation. 
  2.26     (c) The provisions of this subdivision do not apply:  
  2.27     (1) to a condition or injury which results from the 
  2.28  negligent or improper operation of an agricultural operation or 
  2.29  from operations contrary to commonly accepted agricultural 
  2.30  practices or to applicable state or local laws, ordinances, 
  2.31  rules, or permits; 
  2.32     (2) when an agricultural operation causes injury or direct 
  2.33  threat of injury to the health or safety of any person and the 
  2.34  agricultural operation is in violation of applicable state laws, 
  2.35  rules, or permits; 
  2.36     (3) to the pollution of, or change in the condition of, the 
  3.1   waters of the state or the overflow of waters on the lands of 
  3.2   any person and the agricultural operation is in violation of 
  3.3   applicable state laws, rules, or permits; 
  3.4      (4) to an animal feedlot facility with a swine capacity of 
  3.5   1,000 2,000 or more animal units as defined in the rules of the 
  3.6   pollution control agency for control of pollution from animal 
  3.7   feedlots, or a cattle capacity of 2,500 animals or more; or 
  3.8      (5) to any prosecution for the crime of public nuisance as 
  3.9   provided in section 609.74 or to an action by a public authority 
  3.10  to abate a particular condition which is a public nuisance. 
  3.11     Sec. 3.  [EFFECTIVE DATE.] 
  3.12     Sections 1 and 2 are effective the day following final 
  3.13  enactment.