S-3408.1          _______________________________________________

                                 SENATE BILL 6222

                  _______________________________________________

State of Washington              52nd Legislature             1992 Regular Session

By Senators Madsen and Barr

Read first time 01/22/92.  Referred to Committee on Agriculture & Water Resources.Redefining 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 to time of day, or day or days of the week.