§ 106-701. When agricultural and forestry operation, etc., not constituted nuisance by changed conditions in locality.
§ 106‑701. Whenagricultural and forestry operation, etc., not constituted nuisance by changedconditions in locality.
(a) No agricultural or forestry operation or any of itsappurtenances shall be or become a nuisance, private or public, by any changedconditions in or about the locality thereof after the same has been inoperation for more than one year, when such operation was not a nuisance at thetime the operation began; provided, that the provisions of this subsectionshall not apply whenever a nuisance results from the negligent or improperoperation of any such agricultural or forestry operation or its appurtenances.
(b) For the purposes of this Article, "agriculturaloperation" includes, without limitation, any facility for the productionfor commercial purposes of crops, livestock, poultry, livestock products, orpoultry products.
(b1) For the purposes of this Article, "forestryoperation" shall mean those activities involved in the growing, managing,and harvesting of trees, but not sawmill operations.
(c) The provisions of subsection (a) shall not affect or defeatthe right of any person, firm, or corporation to recover damages for anyinjuries or damages sustained by him on account of any pollution of, or changein condition of, the waters of any stream or on the account of any overflow oflands of any such person, firm, or corporation.
(d) Any and all ordinances of any unit of local government nowin effect or hereafter adopted that would make the operation of any suchagricultural or forestry operation or its appurtenances a nuisance or providingfor abatement thereof as a nuisance in the circumstance set forth in thissection are and shall be null and void; provided, however, that the provisionsof this subsection shall not apply whenever a nuisance results from thenegligent or improper operation of any such agricultural or forestry operationor any of its appurtenances. Provided further, that the provisions shall notapply whenever a nuisance results from an agricultural or forestry operation locatedwithin the corporate limits of any city at the time of enactment hereof.
(e) This section shall not be construed to invalidate anycontracts heretofore made but insofar as contracts are concerned, it is onlyapplicable to contracts and agreements to be made in the future. (1979, c. 202, s. 1; 1991 (Reg. Sess., 1992), c. 892,s. 1.)