CERTIFICATION OF ENROLLMENT
SUBSTITUTE HOUSE BILL 1954
1991 Regular Session
Passed by the House March 20, 1991
Yeas 97 Nays 0
Speaker of the
House of Representatives
Passed by the Senate April 9, 1991
Yeas 38 Nays 9
President of the Senate
Governor of the State of Washington
I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is SUBSTITUTE HOUSE BILL 1954 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Secretary of State
State of Washington
SUBSTITUTE HOUSE BILL 1954
AS RECOMMENDED BY THE CONFERENCE COMMITTEE
Passed Legislature - 1991 Regular Session
State of Washington 52nd Legislature 1991 Regular Session
By House Committee on Agriculture & Rural Development (originally sponsored by Representatives Rayburn, Nealey, McLean, R. Johnson, Chandler, Kremen, D. Sommers, Ballard, Roland, Bowman, Grant, Inslee, Rasmussen and Sheldon).
Read first time March 1, 1991.
AN ACT Relating to agricultural nuisances; and amending RCW 7.48.305 and 7.48.310.
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:
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 ((
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.
Sec. 2. RCW 7.48.310 and 1979 c 122 s 3 are each amended to read as follows:
As used in RCW 7.48.305:
"Agricultural activity" means a condition or activity which occurs
on a farm in connection with the commercial production of farm products and
includes, but is not limited to, ((
the growing or raising of horticultural
and viticultural crops, berries, poultry, livestock, grain, mint, hay, and
dairy products)) marketed produce at roadside stands or farm markets;
noise; odors; dust; fumes; operation of machinery and irrigation pumps;
movement, including, but not limited to, use of current county road ditches,
streams, rivers, canals, and drains, and use of water for agricultural
activities; ground and aerial application of seed, fertilizers, conditioners,
and plant protection products; employment and use of labor; roadway movement of
equipment and livestock; protection from damage by wildlife; prevention of
trespass; construction and maintenance of buildings, fences, roads, bridges,
ponds, drains, waterways, and similar features and maintenance of streambanks
and watercourses; and conversion from one agricultural activity to another.
(2) "Farm" means the land, buildings, freshwater ponds, freshwater culturing and growing facilities, and machinery used in the commercial production of farm products.
(3) "Farmland" means land or freshwater ponds devoted primarily to the production, for commercial purposes, of livestock, freshwater aquacultural, or other agricultural commodities.
(4) "Farm product" means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, dairy and dairy products, poultry and poultry products, livestock, including breeding, grazing, and recreational equine use, fruits, vegetables, flowers, seeds, grasses, trees, freshwater fish and fish products, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.