S-0665.2/91 _______________________________________________
SENATE BILL 5097
_______________________________________________
State of Washington 52nd Legislature 1991 Regular Session
By Senators Barr, Hansen, Anderson, Gaspard, Newhouse, Conner, Bailey, Matson, Patterson, Amondson, Sellar, Bauer and L. Smith.
Read first time January 21, 1991. Referred to Committee on Agriculture & Water Resources.
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:
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 to time of day, or day or days of the week.
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:
(1)
"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 seeding and spraying; the application of chemical
fertilizers, conditioners, insecticides, pesticides, and herbicides and
associated drift of such materials; 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, and machinery used in the commercial production of farm products.
(3) "Farmland" means land devoted primarily to the production, for commercial purposes, of livestock or 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 and grazing, fruits, vegetables, flowers, seeds, grasses, trees, fish, apiaries, equine and other similar products, or any other product which incorporates the use of food, feed, fiber, or fur.