2001 Minnesota Statutes

     561.19 Nuisance liability of agricultural operations. 

    Subdivision 1.    Definitions.  For the purposes of this 
 section, the following terms have the meanings given them:  

    (a) "Agricultural operation" means a facility and its 
 appurtenances for the production of crops, livestock, poultry, 
 dairy products or poultry products, but not a facility primarily 
 engaged in processing agricultural products.  

    (b) "Established date of operation" means the date on which 
 the agricultural operation commenced.  If the agricultural 
 operation is subsequently expanded or significantly altered, the 
 established date of operation for each expansion or alteration 
 is deemed to be the date of commencement of the expanded or 
 altered operation.  As used in this paragraph, "expanded" means 
 an expansion by at least 25 percent in the number of a 
 particular kind of animal or livestock located on an 
 agricultural operation. 

    "Significantly altered" does not mean: 

    (1) a transfer of an ownership interest to and held by 
 persons or the spouses of persons related to each other within 
 the third degree of kindred according to the rules of civil law 
 to the person making the transfer so long as at least one of the 
 related persons is actively operating the farm, or to a family 
 farm trust under section 500.24; 

    (2) temporary cessation or interruption of cropping 
 activities; 

    (3) adoption of new technologies; or 

    (4) a change in the crop product produced. 

    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 if the operation was not a nuisance at its established 
 date of operation.  

    (b) An agricultural operation is operating according to 
 generally accepted agricultural practices if it is located in an 
 agriculturally zoned area and complies with the provisions of 
 all applicable federal and state statutes and rules or any 
 issued permits for the operation. 

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

    (1) to a condition or injury which results from the 
 negligent or improper operation of an agricultural operation or 
 from operations contrary to commonly accepted agricultural 
 practices or to applicable state or local laws, ordinances, 
 rules, or permits; 

    (2) when an agricultural operation causes injury or direct 
 threat of injury to the health or safety of any person; 

    (3) to the pollution of, or change in the condition of, the 
 waters of the state or the overflow of waters on the lands of 
 any person; 

    (4) 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; or 

    (5) 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. 

    Subd. 3.    Existing contracts.  This section shall not 
 be construed to invalidate any contracts or commitments made 
 before January 1, 1983.  

    Subd. 4.    Severability.  If a provision of this 
 section, or application thereof to any person or set of 
 circumstances, is held invalid or unconstitutional, the 
 invalidity shall not affect other provisions or applications of 
 this section which can be given effect without the invalid 
 provision or application.  To that end, the provisions of this 
 section are declared to be severable.  

    Subd. 5. Repealed, 1983 c 182 s 2 

    HIST: 1982 c 533 s 1; 1983 c 182 s 1; 1994 c 619 s 9,10; 1994 
 c 622 s 4,5; 2001 c 128 s 4