CERTIFICATION OF ENROLLMENT

SUBSTITUTE HOUSE BILL 1954

Chapter 317, Laws of 1991

(partial veto)

52nd Legislature

1991 Regular Session

AGRICULTURAL NUISANCES

EFFECTIVE DATE: 7/28/91

Passed by the House March 20, 1991

Yeas 97 Nays 0

JOE KING

Speaker of the

House of Representatives

Passed by the Senate April 9, 1991

Yeas 38 Nays 9

JOEL PRITCHARD

President of the Senate

Approved May 21, 1991, with

the exception of section 1,

which is vetoed.

BOOTH GARDNER

Governor of the State of Washington

CERTIFICATE

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.

ALAN THOMPSON Chief Clerk

FILED

May 21, 1991 - 10:25 a.m.

Secretary of State

State of Washington

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SUBSTITUTE HOUSE BILL 1954

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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:

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.

*Sec. 1 was vetoed, see message at end of chapter.

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 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.

Note: Governor's explanation of partial veto is as follows:

"I am returning herewith, without my approval as to section 1, Substitute House Bill No. 1954 entitled:

"AN ACT Relating to agricultural nuisances."

This bill expands the list of agricultural activities which are included within the exemption to statutory nuisance provisions. Because of its importance as a message, I am going to sign section 2 of this legislation. I would hope that the agricultural community becomes more involved in advocating for strong growth management regulation. The problems addressed by this legislation could better be addressed by controlling growth and preserving agricultural lands for agricultural purposes. Limiting nuisance litigation does not prevent the intrusion of urban uses into prime agricultural areas. The conflicts will only continue to escalate.

However, I have vetoed section 1 primarily because of the ambiguity that it creates regarding other important regulatory programs. As originally drafted, the bill indicated that reasonable agricultural activities could not be restricted as to "time of day." As the bill passed, it does not allow restrictions as to "time." This could mean time of day or it could mean a season. Although this section was intended to address local noise ordinances, there are other regulatory programs that occasionally restrict agricultural activities based on seasonal criteria. For example, some activities may be limited during specific months to protect juvenile salmon. To address concerns raised by this ambiguity, I have vetoed section 1.

With the exception of section 1, Substitute House Bill No. 1954 is approved."