1.1 	A bill for an act
1.2 	relating to agriculture; modifying the nuisance liability protection for certain 
1.3 	agricultural operations;amending Minnesota Statutes 2016, section 561.19, 
1.4 	subdivision 2.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2016, section 561.19, subdivision 2, is amended to read:
1.7 		Subd. 2.Agricultural operation not a nuisance. (a) An agricultural operation is not 
1.8 	and shall not become a private or public nuisance after two years from its established date 
1.9 	of operation as a matter of law if the operation:
1.10 	(1) is located in an agriculturally zoned area;
1.11 	(2) complies with the provisions of all applicable federal, state, or county laws, 
1.12 	regulations, rules, and ordinances and any permits issued for the agricultural operation; and
1.13 	(3) operates according to generally accepted agricultural practices.
1.14 	(b) For a period of two years from its established date of operation, there is a rebuttable 
1.15 	presumption that an agricultural operation in compliance with the requirements of paragraph 
1.16 	(a), clauses (1) to (3), is not a public or private nuisance.
1.17 	(c) The provisions of this subdivision do not apply:
1.18 	(1) to an animal feedlot facility with a swine capacity of 1,000 or more animal units as 
1.19 	defined in the rules of the Pollution Control Agency for control of pollution from animal 
1.20 	feedlots, or a cattle capacity of 2,500 animals or more;
2.1 	(2) (1) to any prosecution for the crime of public nuisance as provided in section 609.74
2.2 	or to an action by a public authority to abate a particular condition which is a public nuisance; 
2.3 	or
2.4 	(3) (2) to any enforcement action brought by a local unit of government related to zoning 
2.5 	under chapter 394 or 462.