HF 60

as introduced - 91st Legislature (2019 - 2020) Posted on 01/14/2019 01:58pm

A bill for an act
relating to agriculture; modifying nuisance liability protection for certain
agricultural operations; amending Minnesota Statutes 2018, section 561.19,
subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 561.19, subdivision 2, is amended to read:

Subd. 2.

Agricultural operation not a nuisance.

(a) An agricultural operation is not
and shall not become a private or public nuisance after two years from its established date
of operation as a matter of law if the operation:

(1) is located in an agriculturally zoned area;

(2) complies with the provisions of all applicable federal, state, or county laws,
regulations, rules, and ordinances and any permits issued for the agricultural operation; and

(3) operates according to generally accepted agricultural practices.

(b) For a period of two years from its established date of operation, there is a rebuttable
presumption that an agricultural operation in compliance with the requirements of paragraph
(a), clauses (1) to (3), is not a public or private nuisance.

(c) The provisions of this subdivision do not apply:

deleted text begin (1) to an animal feedlot facility with a swine capacity of 1,000 or more animal units as
defined in the rules of the Pollution Control Agency for control of pollution from animal
feedlots, or a cattle capacity of 2,500 animals or more;
deleted text end

deleted text begin (2) deleted text end new text begin (1) new text end to any prosecution for the crime of public nuisance as provided in section 609.74
or to an action by a public authority to abate a particular condition which is a public nuisance;
or

deleted text begin (3) deleted text end new text begin (2) new text end to any enforcement action brought by a local unit of government related to zoning
under chapter 394 or 462.