H-4582.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 2457

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By House Committee on Agriculture & Rural Development (originally sponsored 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 02/07/92.  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.  An agricultural activity that is in conformity with such laws and rules shall not be restricted by other means as to the hours of operation during which it may be conducted.

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