22-4503 AGRICULTURAL OPERATION NOT A NUISANCE -- EXCEPTION.
AGRICULTURE AND HORTICULTURE
CHAPTER 45
RIGHT TO FARM
22-4503. Agricultural operation not a nuisance -- Exception. No agricultural operation or an appurtenance to it shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after the same has been in operation for more than one (1) year, when the operation was not a nuisance at the time the operation began; provided, that the provisions of this section shall not apply whenever a nuisance results from the improper or negligent operation of any agricultural operation or an appurtenance to it. In the event of an alleged nuisance resulting from agricultural operations pursuant to a federal or state environmental permit or caused by a violation of the permit(s), terms or conditions, the affected party shall seek enforcement of the terms of the permit.