PRIOR PRINTER'S NOS. 2193, 2521 PRINTER'S NO. 2672
No. 1823 Session of 1981
INTRODUCED BY WENGER, COLE, GRIECO, MADIGAN, PITTS, HONAMAN,
A. C. FOSTER, JR., WASS, BRANDT, BOWSER, JOHNSON,
D. R. WRIGHT, MOEHLMANN, E. H. SMITH, LLOYD, KLINGAMAN,
W. W. FOSTER, MORRIS, FARGO, STAIRS, CALTAGIRONE, GRUPPO,
JACKSON, SIEMINSKI, MILLER, ARMSTRONG, GREENWOOD, PHILLIPS
AND FEE, SEPTEMBER 22, 1981
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 14, 1981
AN ACT
1 Protecting agricultural operations from nuisance suits and
2 ordinances under certain circumstances.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Legislative policy.
6 It is the declared policy of the Commonwealth to conserve and
7 protect and encourage the development and improvement of its
8 agricultural land for the production of food and other
9 agricultural products, INCLUDING ALTERNATE ENERGY PRODUCTION FOR <--
10 FARM USE. When nonagricultural land uses extend into
11 agricultural areas, agricultural operations often become the
12 subject of nuisance suits and ordinances. As a result,
13 agricultural operations are sometimes forced to cease
14 operations. Many others are discouraged from making investments
15 in farm improvements. It is the purpose of this act to reduce
1 the loss to the Commonwealth of its agricultural resources by
2 limiting the circumstances under which agricultural operations
3 may be the subject matter of nuisance suits and ordinances.
4 Section 2. Definitions.
5 The following words and phrases when used in this act shall
6 have, unless the context clearly indicates otherwise, the
7 meanings given to them in this section:
8 "Municipality." A county, city, borough, incorporated town,
9 township or a general purpose unit of government as established
10 by the act of April 13, 1972 (P.L.184, No.62), known as the
11 "Home Rule Charter and Optional Plans Law."
12 "Normal agricultural operation." The customary and generally
13 accepted activities, practices and procedures that farmers
14 adopt, use or engage in year after year in the production,
15 preparation and processing for market of any and all plant and
16 animal products and is:
17 (1) not less than ten contiguous acres in area; or
18 (2) less than ten contiguous acres in area but has an
19 anticipated yearly gross income of at least $2,000 $5,000. <--
20 Section 3. Limitation on local ordinances.
21 Every municipality shall encourage the continuity,
22 development and viability of agricultural operations, INCLUDING <--
23 ALTERNATE ENERGY PRODUCTION FOR FARM USE, within its
24 jurisdiction. Every municipality that defines or prohibits a
25 public nuisance shall exclude from the definition of such
26 nuisance any agricultural operation conducted in accordance with
27 normal farming operations so long as the agricultural operation
28 does not have a direct adverse effect on the public health and
29 safety.
30 Section 4. Limitation on public nuisances.
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1 (a) No nuisance action shall be brought against an
2 agricultural operation which has lawfully been in operation for
3 one year or more prior to the date of bringing such action,
4 where the conditions or circumstances complained of as
5 constituting the basis for the nuisance action have existed
6 substantially unchanged since the established date of operation
7 and are normal agricultural operations, or if the physical
8 facilities of such agricultural operations are substantially
9 expanded and the expanded facility has been in operation for one
10 year or more prior to the date of bringing such action:
11 Provided, however, That nothing herein shall in any way restrict
12 or impede the authority of this State from protecting the public
13 health, safety and welfare or the authority of a municipality to
14 enforce State law.
15 (b) The provisions of this section shall not affect or
16 defeat the right of any person, firm or corporation to recover
17 damages for any injuries or damages sustained by them on account
18 of any agricultural operation or any portion of an agricultural
19 operation which is conducted in violation of any Federal, State
20 or local statute or governmental regulation which applies to
21 that agricultural operation or portion thereof.
22 Section 5. Water damages.
23 The provisions of section 4 shall not affect or defeat the
24 right of any person, firm or corporation to recover damages for
25 any injuries or damages sustained by him or it on account of any
26 pollution of, or change in condition of, the waters of any
27 stream or on account of any flooding of lands to any such
28 person, firm or corporation.
29 Section 6. Saving clause.
30 This act shall not be construed to invalidate any contract
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1 made prior to its effective date nor shall it be construed to
2 apply to any suit brought prior to its effective date.
3 Section 7. Severability.
4 If any provision of this act or the application thereof to
5 any person or circumstances is held invalid, such invalidity
6 shall not affect other provisions or applications of the act
7 which can be given effect without the invalid provision or
8 application, and to this end the provisions of this act are
9 declared to be severable.
10 Section 8. Effective date.
11 This act shall take effect in 60 days.
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