Courthouse Hours:
Treasurer
M-F 8:30 AM - 4:00 PM
Assessor/Auditor/Recorder
M-F 8:00 AM - 4:30 PM
Supervisors
M & W 9:00 AM - 4:00 PM
ORDINANCE #1-1996
RIGHT-TO-FARM ORDINANCE
AN ORDINANCE TO PROTECT AGRICULTURAL OPERATIONS FROM NUISANCE SUITS UNDER CERTAIN CIRCUMSTANCES
The Clayton County Board of Supervisors does hereby ordain as follows:
Section 1. - Findings of Fact: The Clayton County Board of Supervisors finds that the encroachment of non-agricultural land uses into rural areas does interfere with efficient agricultural production by encouraging unnecessary local regulation of agricultural practices and/or private litigation against farmers.
The Board of Supervisors further finds that the right of farmers to produce food and other agricultural products must be balanced with the rights of non-farmers who own, occupy, and use rural land.
Section 2. Intent: It is the policy of Clayton County to conserve, protect and encourage the development and improvement of its agricultural land for the production of food and agricultural products. When non-agricultural land uses extend into agricultural areas, agricultural operations often become the subject on nuisance suits. As a result, agricultural operations are sometimes forced to cease operations or are discouraged from making investments in farm improvements. Therefore, it is the purpose of this ordinance to reduce the loss to the County of its agricultural resources by limiting the circumstances for which agricultural operations, using accepted agricultural practices, may be deemed to be a nuisance.
Section 3. - Definitions: The following words or phrases as used in this ordinance shall have the meanings given them in this section.
Agricultural District: Lands found in the unincorporated areas of Clayton County classified as "A-1" Agricultural District and "A-2" Agricultural District as specified upon the official Clayton County zoning maps, adopted April 3, 1981 and as subsequently amended.
Agricultural Operation: Conditions or activities that occur in connection with the production of agricultural products and includes but is not limited to the marketing of products at roadside stands or farm markets, the creation of noise, odor, dust, fumes, the operation of machinery, the use of irrigation pumps and equipment, ground and aerial seeding and spraying, the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides, the grazing and confinement of livestock subject to county health and zoning regulations and applicable state requirements, and the use of labor and farm laborers.
Agricultural Practices, Accepted: Methods and techniques for producing and processing agricultural products which do not endanger public health, safety, or welfare. Said practices shall be in conformance with applicable county, state, and federal laws and regulations governing those practices including, but not limited to those governing air, land, and water pollution.
Agricultural Products: Organic material (animal or plant) which supplies food, feed, fiber, fur or fuel, but not limited to, grains, feed crops, vegetables, fruits, seeds, trees, wood, forages, sod, pasture, dairy and dairy products, fowl, poultry and poultry products, livestock, swine, cattle, horses, sheep, fish, goats, bees and honey products, and other similar products.
Established Date of Operation: The date on which an agricultural operation commenced operation. If the physical facilities of the agricultural operation are subsequently expanded or otherwise changed, the established date of operation for each expansion or change is deemed to be a separate and independent "established date of operation" established as of this date of commencement of the expanded or changed operations, and the commencement of expanded or changed operations shall not divest the agricultural operation of a previously established date of operation.
Nuisance: Means a public or private nuisance as defined by statute, administrative rule, ordinance, or by the common law.
Nuisance Suits, Action or Proceeding: An action, claim, or proceeding, whether brought at law, in equity, or as an administrative proceeding, which is based on nuisance.
Section 4. - Agricultural Operations; Limitation of Nuisance Suits;
Actions or Proceedings: No nuisance suit, action or proceeding,
alleging that an agricultural operation is a public or private nuisance,
shall be maintained in the district court if:
The agricultural operation was conducted within an agricultural district at the time the nuisance was alleged to have arisen; and
The agricultural operation was conducted in accordance with accepted agricultural practices at the time the nuisance was alleged to have arisen; and
The agricultural operation established date of operation was prior to the time the nuisance was alleged to have arisen; and
Either (1) The agricultural operation began prior to ownership, occupancy or use of land within an agricultural district by a person alleged to have suffered injury as a result of the agricultural operation, or (2) A person alleged to have suffered injury as a result of an agricultural operation suffered the injury after the adoption of this ordinance and as the owner, occupier or user of lands within an agricultural area.
Section 5. - Exemptions: The provisions of this ordinance shall not apply or defeat the right of any person, firm, public body, or corporation to recover damages for:
Negligent agricultural operations;
Damage sustained because of pollution of the air, land, or surface and subsurface water;
Changing the condition of a stream or watercourse;
Increased flood heights or velocities caused by encroachments upon the flood plain;
Excessive soil erosion; and
Agricultural operations located within the corporate limits of a municipality at the time of enactment hereof.
Section 6. - Notice to Landowners: The following notice may be included in any contract for the sale or rental of land, and shall be included in any permit issued for the construction of any dwelling on land located within an agricultural district or immediately adjacent thereof.
"The property described herein is located within an area where land is used for commercial agricultural production. Owners, residents and other users of this property may be subject to inconvenience, discomfort and the possibility of injury arising from agricultural operations, including but not limited to noise, odors, fumes, dust, and operation of machinery of any kind (including aircraft), the storage and disposal of manure, and the application of chemical fertilizers, herbicides, and pesticides. Owners, residents and other users of this property should be prepared to accept such inconvenience, discomfort and possibility of injury from agricultural operations, and are hereby put on official notice that Section 4 of the Clayton County Right-To-Farm Ordinance may bar them from bringing legal action against such agricultural operations if injury should occur."
Section 7. - Disclaimer: This ordinance does not affect nuisance suits,
proceedings, or actions commenced prior to the effective date hereof.
Section 8. - Severability: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this article are declared severable.
Section 9. - Certification: The Clayton County Auditor shall certify to the adoption of this ordinance and cause the same to be published.
Section 10. - Effective Date: That this ordinance shall be and is hereby declared to be in full force and effect, from and after ten (10) days from the date of final passage and approval.
Last Modified: 1/3/2008
© 2008 Clayton County, Iowa