HF 2658

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; limiting nuisance claims 
  1.3             against certain agricultural operations; amending 
  1.4             Minnesota Statutes 2002, section 561.19, subdivision 2.
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 2002, section 561.19, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [AGRICULTURAL OPERATION NOT A NUISANCE.] (a) For 
  1.9   purposes of this subdivision, the term "generally accepted 
  1.10  agricultural practices" means those practices commonly used by 
  1.11  other farmers in the county and contiguous area in which a 
  1.12  nuisance claim is asserted. 
  1.13     (b) An agricultural operation is not and shall not become a 
  1.14  private or public nuisance after two years from its established 
  1.15  date of operation if the operation was not a nuisance at its 
  1.16  established date of as a matter of law if the operation: 
  1.17     (1) is located in an agriculturally zoned area; 
  1.18     (2) complies with the provisions of all applicable federal, 
  1.19  state, or county laws, regulations, rules, and ordinances and 
  1.20  any permits issued for the agricultural operation; and 
  1.21     (3) operates according to generally accepted agricultural 
  1.22  practices.  
  1.23     (b) An agricultural operation is operating according to 
  1.24  generally accepted agricultural practices if it is located in an 
  1.25  agriculturally zoned area and complies with the provisions of 
  2.1   all applicable federal and state statutes and rules or any 
  2.2   issued permits for the operation. 
  2.3      (c) The operation of an agricultural operation in 
  2.4   compliance with the requirements of paragraph (b) constitutes an 
  2.5   affirmative defense to a private or public nuisance claim 
  2.6   against the agricultural operation. 
  2.7      (d) The provisions of this subdivision do not apply:  
  2.8      (1) to a condition or injury which results from the 
  2.9   negligent or improper operation of an agricultural operation or 
  2.10  from operations contrary to commonly accepted agricultural 
  2.11  practices or to applicable state or local laws, ordinances, 
  2.12  rules, or permits; 
  2.13     (2) when an agricultural operation causes injury or direct 
  2.14  threat of injury to the health or safety of any person; 
  2.15     (3) to the pollution of, or change in the condition of, the 
  2.16  waters of the state or the overflow of waters on the lands of 
  2.17  any person; 
  2.18     (4) to an animal feedlot facility with a swine capacity of 
  2.19  1,000 or more animal units as defined in the rules of the 
  2.20  Pollution Control Agency for control of pollution from animal 
  2.21  feedlots, or a cattle capacity of 2,500 animals or more; or 
  2.22     (5) (2) to any prosecution for the crime of public nuisance 
  2.23  as provided in section 609.74 or to an action by a public 
  2.24  authority to abate a particular condition which is a public 
  2.25  nuisance.