H-3842.1          _______________________________________________

                                  HOUSE BILL 2457

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Representatives Chandler, Rayburn, McLean, Rasmussen, Neher, Nealey, Hochstatter, Lisk, Morton, D. Sommers, Kremen, Ballard, Van Luven, Prentice, R. Johnson, Edmondson and Bray

Read first time 01/17/92.  Referred to Committee on Agriculture & Rural Development.Changing restrictions on agricultural nuisances.

     AN ACT Relating to agricultural nuisances; and amending RCW 7.48.305.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 7.48.305 and 1979 c 122 s 2 are each amended to read as follows:

     Notwithstanding any other provision of this chapter, agricultural activities conducted on farmland, if consistent with good agricultural practices and established prior to surrounding nonagricultural activities, are  presumed to be reasonable and ((do)) shall not be found to constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety.

     If that agricultural activity is undertaken in conformity with federal, state, and local laws and regulations, it is presumed to be good agricultural practice and not adversely affecting the public health and safety, and as such shall not be restricted as to the time during which it may be conducted.

Nothing in this section shall affect or impair any right to sue for damages.