Chapter
077
2006 -- H 7343 SUBSTITUTE A
Enacted 06/14/06
A N A C T
RELATING
TO AGRICULTURE AND FORESTRY
Introduced
By: Representatives Shanley, Lewiss, Scott, and Kennedy
Date
Introduced: February 15, 2006
It is enacted by the General Assembly as
follows:
SECTION 1. Title 2
of the General Laws entitled "Agriculture and Forestry" is hereby
amended by adding thereto the following chapter:
CHAPTER
23.2
PRESERVATION OF
AGRICULTURAL USE
2-23.2-1.
Purpose. – The purpose of this chapter is to provide for the
preservation of
agriculture by protecting persons engaged in
agricultural operations on agricultural lands, the
development rights to which have been conveyed
against changes in rules, regulations and
requirements that would impair the ability to
continue agricultural operations that were allowable
at the time of the transfer of the development
rights.
2-23.2-2.
Definitions. – As used in this chapter, the following terms and phrases
shall
have the meaning set forth in this section
unless the context indicates a different meaning or
intent:
(1)
"Agricultural land" means land conforming to the definition of
agricultural land set
forth in section 42-82-2.
(2)
"Agricultural operation" means any activity defined as an
agricultural operation in
section 2-23-4.
(3)
"Development right" means a development right conforming to the
definition of a
development right as set forth in section
42-82-2.
2-23.2-3.
Right to agricultural use. – Unless explicitly curtailed, defined or
restricted by
an instrument conveying development rights to
agricultural land, the right to engage in
agricultural operations shall include all
activities reasonably associated with and/or necessary to
such agricultural operations that were allowable
on the agricultural land as of the date of the final
execution of the instrument conveying such
development rights. A right to engage in such
allowable agricultural operations shall be
deemed to be an implied condition of the instrument.
2-23.2-4.
Effect of rules and regulations. – All rules, regulations,
ordinances and other
requirements of the state and agencies,
corporations, boards, commissions and political
subdivisions of the state that are applicable to
the conduct of agricultural operations allowable as
of the date of the final execution of the
instrument conveying development rights shall continue
to apply to agricultural operations on such
agricultural land. Unless specifically provided for by
law or unless necessary to protect public
health, safety or the environment from imminent hazard,
no rule, regulation or requirement adopted by
any agency, corporation, board, commission and/or
political subdivision of the state after the
date of such final execution of an instrument conveying
development rights shall be deemed to diminish,
restrict or impair such allowable agricultural
activities, except as may be necessary not to
impair the actual agricultural operations of another
person engaged in agricultural operations,
including those who have not conveyed development
rights.
The limitations
herein established shall not be deemed to diminish or impair the adoption,
amendment, implementation, or enforcement of
rules, regulations, ordinances, or other
requirements that do not directly affect actual
agricultural operations that are undertaken for the
purposes of producing agricultural products.
2-23.2-5.
Construction. – The provisions of this chapter shall apply to all
instruments
conveying development rights in effect as of or
after the effective date of this chapter.
2-23.2-6.
Severability. – If any provision of this chapter, or determination
made under
this chapter, or application of this chapter to
any person, agency or circumstances is held invalid
by a court of competent jurisdiction, the
remainder of this chapter and its application to any
person, agency or circumstances shall not be
affected by the invalidity. The invalidity of any
section or sections of this chapter shall not
affect the remainder of this chapter.
SECTION 2. This
act shall take effect upon passage.
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LC02271/SUB
A
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