Title 15.2, Chapter 22 of the Code of Virginia, also cited as VA. CODE § 15.2-2200 (1999), provides zoning and planning authority to county and municipal governments. Section15.2-3209 requires that impacts on agricultural operations be considered when local governments propose annexation of additional territory. Chapters 43 and 44 of title 15.2, give local governments the authority to create agricultural and forestal districts for the purpose of protecting land uses and resources. Chapter 43 allows the creation of districts, across one or more local jurisdictions. Such districts must be 200 or more acres in size. Chapter 44 authorizes the creation of districts of local significance within a single locality that are at least 20 acres. One of the purposes of these districts is to prohibit local governments from adopting ordinances that would restrict normal farming activities unless they are for the purpose of protecting public health and safety. Virginia's Right-to-Farm Act contains this same provision in § 3.1-22.28 and the Act provides immunity for farming operations to nuisance suits in § 3.1-22.29. To receive this immunity, the operation must have complied with best management practices, all federal, state, and local laws and regulations, and it must not have been operated in a negligent or improper manner.
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 E-mail: Ted_Feitshans@ncsu.edu |
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