(A) In recognition that agriculture is the largest industry in Frederick County and that it adds many positive benefits to the quality of life, it is the declared policy of the county to preserve, protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations can become the subject of lawsuits. As a result, agricultural operators are sometimes forced to cease or curtail their operations. Others are discouraged from making investments in agricultural improvements to the detriment of the economic viability of the county’s agricultural industry as a whole. It is the purpose of this article to reduce the loss to the county of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance, trespass, or other interference with the reasonable use and enjoyment of land, including, but not limited to smoke, odors, flies, dust, noise, chemicals, or vibration; provided that nothing in this article shall in any way restrict or impede the authority of the state and of the county to protect the public health, safety and welfare, nor shall it restrict or impede private covenants.
(B) It is in the public interest to promote a more clear understanding between agricultural operations and nonagricultural neighbors concerning the normal inconveniences of agricultural operations which follow generally accepted agricultural practices and do not endanger public health or safety.
(C) This article is not intended to and shall not be construed as in any way modifying or abridging local, state or federal laws, including, but not limited to, laws relating to health, safety, trespass onto agricultural property, zoning, licensing requirements, environmental standards (including those standards which relate to air and water quality and pesticide use), and the like.
(D) An additional purpose of this article is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or use. These potential problems include, but are not limited to, noises, odors, dust, flies, chemicals, smoke, vibration, and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas. However, this article shall be effective regardless of whether disclosure was made in accordance with § 1-6-66 herein.
(Ord. 96-23-175, § 1, 11-12-1996; Ord. 14-23-678, 11-13-2014)