SF 2866

2nd 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, subdivisions 
  1.5             1, 2. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2002, 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" means 
  1.21  an expansion by at least 25 percent in the number of a 
  1.22  particular kind of animal or livestock located on an 
  1.23  agricultural operation. 
  1.24     "Significantly altered" does not mean: 
  1.25     (1) a transfer of an ownership interest to and held by 
  2.1   persons or the spouses of persons related to each other within 
  2.2   the third degree of kindred according to the rules of civil law 
  2.3   to the person making the transfer so long as at least one of the 
  2.4   related persons is actively operating the farm, or to a family 
  2.5   farm trust under section 500.24; 
  2.6      (2) temporary cessation or interruption of cropping 
  2.7   activities; 
  2.8      (3) adoption of new technologies; or 
  2.9      (4) a change in the crop product produced. 
  2.10     (c) "Generally accepted agricultural practices" means those 
  2.11  practices commonly used by other farmers in the county or a 
  2.12  contiguous county in which a nuisance claim is asserted. 
  2.13     Sec. 2.  Minnesota Statutes 2002, section 561.19, 
  2.14  subdivision 2, is amended to read: 
  2.15     Subd. 2.  [AGRICULTURAL OPERATION NOT A NUISANCE.] (a) An 
  2.16  agricultural operation is not and shall not become a private or 
  2.17  public nuisance after two years from its established date of 
  2.18  operation if the operation was not a nuisance at its established 
  2.19  date of as a matter of law if the operation: 
  2.20     (1) is located in an agriculturally zoned area; 
  2.21     (2) complies with the provisions of all applicable federal, 
  2.22  state, or county laws, regulations, rules, and ordinances and 
  2.23  any permits issued for the agricultural operation; and 
  2.24     (3) operates according to generally accepted agricultural 
  2.25  practices.  
  2.26     (b) An agricultural operation is operating according to 
  2.27  generally accepted agricultural practices if it is located in an 
  2.28  agriculturally zoned area and complies with the provisions of 
  2.29  all applicable federal and state statutes and rules or any 
  2.30  issued permits for the operation. 
  2.31     (c) For a period of two years from its established date of 
  2.32  operation, there is a rebuttable presumption that an 
  2.33  agricultural operation in compliance with the requirements of 
  2.34  paragraph (a), clauses (1) to (3), is not a public or private 
  2.35  nuisance. 
  2.36     (c) The provisions of this subdivision do not apply:  
  3.1      (1) to a condition or injury which results from the 
  3.2   negligent or improper operation of an agricultural operation or 
  3.3   from operations contrary to commonly accepted agricultural 
  3.4   practices or to applicable state or local laws, ordinances, 
  3.5   rules, or permits; 
  3.6      (2) when an agricultural operation causes injury or direct 
  3.7   threat of injury to the health or safety of any person; 
  3.8      (3) to the pollution of, or change in the condition of, the 
  3.9   waters of the state or the overflow of waters on the lands of 
  3.10  any person; 
  3.11     (4) to an animal feedlot facility with a swine capacity of 
  3.12  1,000 or more animal units as defined in the rules of the 
  3.13  Pollution Control Agency for control of pollution from animal 
  3.14  feedlots, or a cattle capacity of 2,500 animals or more; or 
  3.15     (5) (2) to any prosecution for the crime of public nuisance 
  3.16  as provided in section 609.74 or to an action by a public 
  3.17  authority to abate a particular condition which is a public 
  3.18  nuisance; or 
  3.19     (3) to any enforcement action brought by a local unit of 
  3.20  government related to zoning under chapter 394 or 462. 
  3.21     Sec. 3.  [EFFECTIVE DATE.] 
  3.22     Sections 1 and 2 are effective for actions commenced on or 
  3.23  after August 1, 2004.