Pennsylvania Act 1998-58 — AGRICULTURAL OPERATIONS - AMEND PUBLIC NUISANCES

Act text

AGRICULTURAL OPERATIONS - AMEND PUBLIC NUISANCES
                  Act of May 15, 1998, P.L. 441, No. 58               Cl. 03
                             Session of 1998
                               No. 1998-58

     SB 682

                                  AN ACT

     Amending the act of June 10, 1982 (P.L.454, No.133), entitled
        "An act protecting agricultural operations from nuisance
        suits and ordinances under certain circumstances," further
        providing for definitions and for limitation on public
        nuisances.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2 of the act of June 10, 1982 (P.L.454,
     No.133), entitled "An act protecting agricultural operations
     from nuisance suits and ordinances under certain circumstances,"
     amended May 22, 1996 (P.L.336, No.52), is amended to read:
      Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Agricultural commodity."  Any of the following, transported
     or intended to be transported in commerce:
            (1)  Agricultural, aquacultural, horticultural,
        floricultural, viticultural or dairy products.
            (2)  Livestock and the products of livestock.
            (3)  Ranch-raised fur-bearing animals and the products of
        ranch-raised fur-bearing animals.
            (4)  The products of poultry or bee raising.
            (5)  Forestry and forestry products.
            (6)  Any products raised or produced on farms intended
        for human consumption and the processed or manufactured
        products of such products intended for human consumption.
        "Municipality."  A county, city, borough, incorporated town,
     township or a general purpose unit of government as established
     by the act of April 13, 1972 (P.L.184, No.62), known as the
     "Home Rule Charter and Optional Plans Law."
        "Normal agricultural operation."  The [customary and
     generally accepted] activities, practices, equipment and
     procedures that farmers adopt, use or engage [in year after
     year] in the production and preparation for market of poultry,
     livestock and their products and in the production [and],
     harvesting and preparation for market or use of agricultural,
     agronomic, horticultural, silvicultural and [aquicultural]
     aquacultural crops and commodities and is:
            (1)  not less than ten contiguous acres in area; or
            (2)  less than ten contiguous acres in area but has an
        anticipated yearly gross income of at least $10,000.
     The term includes new activities, practices, equipment and
     procedures consistent with technological development within the
     agricultural industry. Use of equipment shall include machinery
     designed and used for agricultural operations, including, but
     not limited to, crop dryers, feed grinders, saw mills, hammer
     mills, refrigeration equipment, bins and related equipment used
     to store or prepare crops for marketing and those items of
     agricultural equipment and machinery defined by the act of
     December 12, 1994 (P.L.944, No.134), known as the Farm Safety
     and Occupational Health Act. Custom work shall be considered a
     normal farming practice.
        Section 2.  Section 4(a) of the act is amended to read:
      Section 4.  Limitation on public nuisances.
        (a)  No nuisance action shall be brought against an
     agricultural operation which has lawfully been in operation for
     one year or more prior to the date of bringing such action,
     where the conditions or circumstances complained of as
     constituting the basis for the nuisance action have existed
     substantially unchanged since the established date of operation
     and are normal agricultural operations, or if the physical
     facilities of such agricultural operations are substantially
     expanded or substantially altered and the expanded or
     substantially altered facility has either: (1) been in operation
     for one year or more prior to the date of bringing such action,
     or (2) been addressed in a nutrient management plan approved
     prior to the commencement of such expanded or altered operation
     pursuant to section 6 of the act of May 20, 1993 (P.L.12, No.6),
     known as the Nutrient Management Act, and is otherwise in
     compliance therewith: Provided, however, That nothing herein
     shall in any way restrict or impede the authority of this State
     from protecting the public health, safety and welfare or the
     authority of a municipality to enforce State law.
        * * *
        Section 3.  This act shall take effect as follows:
            (1)  The amendment of section 4(a) of the act shall take
        effect in 60 days.
            (2)  The remainder of this act shall take effect
        immediately.

     APPROVED--The 15th day of May, A. D. 1998.

     THOMAS J. RIDGE