SB 136

Abstract

The purpose of the Bill is to protect farmers and ranchers from nuisance lawsuits filed by individuals who inhabit areas where agricultural operations lawfully exist, and who exercise nuisance actions to attempt to stop operation and production. This Bill protects farms and agricultural operations that use commonly accepted agricultural practices from being considered a nuisance in areas zoned for agricultural uses and operations that have existed for a period of 1 year or longer. This will enable the State to protect the production of food, fuel and fiber within the state. AR Districts provide for a full range of agricultural activities and protect agricultural lands, as one of the State’s most valuable natural resources, from the depreciating effect of uses deemed objectionable, hazardous or unsightly (Kent County Zoning Code Chapter 205-60 Article VI and Sussex County Zoning Code Chapter 115-19 Article IV). Moreover, AR Districts serve as a transitional buffer zone between agricultural and residential uses and are also intended to protect watersheds, water resources, and forest areas. Kent and Sussex county ordinances permit specified land uses within AR Districts to provide for a wide range of agricultural uses and farm related services while also providing for low-density residential development in areas that are rural in character and where farming may not be the optimum land use activity. New Castle County Unified Development Code (UDC) permits agricultural uses in eight Urban and Suburban-Transition Districts and seven Suburban and Special Character Districts (UDC Chapter 40). Permitted uses within these districts include crop production and animal production, and any other agricultural uses as recognized by Delaware law. Additional uses, permitted for Limited Review, include Farm Market and Clearing activities (UDC Land Use tables 40.03.110 A and 40.03.110 B). It is the express intention of this act to establish as the policy of this State the protection of agricultural operations from nuisance actions, where recognized methods and techniques of agricultural production are applied, while, at the same time, acknowledging the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in Delaware.