North Carolina General Statutes

ARTICLE 57. Nuisance Liability of Agricultural and Forestry Operations.

106-700. Legislative determination and declaration of policy.

  It is the declared policy of the State to conserve and protect and
encourage the development and improvement of its agricultural
land and forestland for the production of food, fiber, and other
products. When other land uses extend into agricultural and forest
areas, agricultural and forestry operations often become the subject
of nuisance suits. As a result, agricultural and forestry operations
are sometimes forced to cease. Many others are discouraged from
making investments in farm and forest improvements. It is the
purpose of this Article to reduce the loss to the State of its
agricultural and forestry resources by limiting the circumstances
under which an agricultural or forestry operation may be deemed to
be a nuisance.

(1979, c. 202, s. 1; 1991 (Reg. Sess., 1992), c. 892, s. 1.) 

106-701. When agricultural and forestry operation, etc., not
         constituted nuisance by changed conditions in locality.

  (a) No agricultural or forestry operation or any of its appurtenances
shall be or become a nuisance, private or public, by any
changed conditions in or about the locality thereof after the same
has been in operation for more than one year, when such operation
was not a nuisance at the time the operation began; provided, that
the provisions of this subsection shall not apply whenever a nuisance
results from the negligent or improper operation of any such
agricultural or forestry operation or its appurtenances.

  (b) For the purposes of this Article, "agricultural operation"
includes, without limitation, any facility for the production for
commercial purposes of crops, livestock, poultry, livestock products,
or poultry products.

  (b1) For the purposes of this Article, "forestry operation" 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 defeat the
right of any person, firm, or corporation to recover damages for any
injuries or damages sustained by him on account of any pollution of,
or change in condition of, the waters of any stream or on the account
of any overflow of lands of any such person, firm, or corporation.

  (d) Any and all ordinances of any unit of local government now in
effect or hereafter adopted that would make the operation of any
such agricultural or forestry operation or its appurtenances a
nuisance or providing for abatement thereof as a nuisance in the
circumstance set forth in this section are and shall be null and void;
provided, however, that the provisions of this subsection shall not
apply whenever a nuisance results from the negligent or improper
operation of any such agricultural or forestry operation or any of its
appurtenances. Provided further, that the provisions shall not apply
whenever a nuisance results from an agricultural or forestry operation
located within the corporate limits of any city at the time of
enactment hereof.

  (e) This section shall not be construed to invalidate any contracts
heretofore made but insofar as contracts are concerned, it is only
applicable to contracts and agreements to be made in the future.

(1979, c. 202, s. 1; 1991 (Reg. Sess., 1992), c. 892, s. 1.)
 

106-702 through 106-705. [These sections
have been reserved.]

These sections have been reserved for future codification purposes.