Chapter 04-053

2004 -- H 7383

Enacted 06/11/04

A N A C T

RELATING TO AGRICULTURE AND FORESTRY -- RIGHT TO FARM

Introduced By: Representatives Shanley, Enos, and Scott

Date Introduced: January 29, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 2-23-4 of the General Laws in Chapter 2-23 entitled "Right to

Farm" is hereby amended to read as follows:

2-23-4. "Agricultural operations" defined. – (a) As used in this chapter, "agricultural

operations" includes any commercial enterprise which has as its primary purpose horticulture,

viticulture, viniculture, floriculture, forestry, stabling of horses, dairy farming, or aquaculture, or

the raising of livestock, furbearing animals, poultry, or bees., and all such other operations, uses,

and activities as the director, in consultation with the chief of division of agriculture, may

determine to be agriculture, or an agricultural activity, use or operation. The mixed-use of farms

and farmlands for other forms of enterprise is hereby recognized as a valuable and viable means

of contributing to the preservation of agriculture.

(b) Nothing herein shall be deemed to restrict, limit or prohibit nonagricultural operations

from being undertaken on a farm except as otherwise restricted, regulated, limited or prohibited

by law, regulation or ordinance or to affect the rights of persons to engage in other lawful

nonagricultural enterprises on farms, provided, however, that the protections and rights

established by this chapter shall not apply to such nonagricultural activities, uses or operations.

     SECTION 2. This act shall take effect upon passage.

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LC01160

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