HF 582

as introduced - 89th Legislature (2015 - 2016) Posted on 03/10/2015 07:56am

A bill for an act
relating to real property; modifying nuisance liability of agricultural operations;
amending Minnesota Statutes 2014, section 561.19, subdivision 2.

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

Section 1.

Minnesota Statutes 2014, 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) new text begin Except as provided in paragraphs (d) to (g), new text end the provisions of this subdivision
do not apply:

(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;

(2) 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

(3) to any enforcement action brought by a local unit of government related to
zoning under chapter 394 or 462.

new text begin (d) An agricultural operation is not and shall not be, as a matter of law, subject to a
pending or future private or public nuisance claim if that agricultural operation has no
measurable adverse impact related to the alleged nuisance on the allegedly impacted
property.
new text end

new text begin (e) An agricultural operation is not and shall not be, as a matter of law, subject to
a pending or future private or public nuisance claim related to noise if that agricultural
operation is operating in compliance with the state noise standards.
new text end

new text begin (f) An agricultural operation is not and shall not be, as a matter of law, subject to a
pending or future private or public nuisance claim related to a pollutant or air contaminant
in the state ambient air quality standards if the agricultural operation is in compliance with
the state ambient air quality standards for that pollutant or air contaminant.
new text end

new text begin (g) An agricultural operation is not and shall not be, as a matter of law, subject to a
pending or future private or public nuisance claim related to livestock odor if:
new text end

new text begin (1) the Pollution Control Agency finds that the agricultural operation is in
compliance with the state ambient air quality standards for hydrogen sulfide under section
116.0713, paragraph (a), clause (1); or
new text end

new text begin (2) the Pollution Control Agency finds that the agricultural operation is in violation
of the state ambient air quality standards for hydrogen sulfide under section 116.0713,
paragraph (a), clause (1); but
new text end

new text begin (i) the violation occurred when the agricultural operation was exempt from the state
ambient air quality standards under section 116.0713, paragraphs (b) to (d); or
new text end

new text begin (ii) the agricultural operation takes appropriate actions necessary to ensure
compliance with the ambient air quality standards for hydrogen sulfide as directed by the
Pollution Control Agency under section 116.0713, paragraph (a), clause (2).
new text end