HARRY HUGHES, Governor

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maintenance of the public health and welfare and the
continued viability of the economy of this State and is a
matter of the highest public priority.

Since this State is becoming increasingly urban, farm
areas and populations continue to decrease. Often when
nonagricultural land uses from urban or suburban development
intrude into existing agricultural areas, agricultural
operations are threatened by nuisance suits.

It is the purpose of this Act to reduce the loss to the
State of its agricultural resources by limiting the
circumstances under which agricultural operations may be
deemed to be a nuisance; now, therefore,

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That section(s) of the Annotated Code of Maryland
be repealed, amended, or enacted to read as follows:

Article - Courts and Judicial Proceedings

5-308.

(A)  IN THIS SECTION, "OPERATION" MEANS A FARM
OPERATION FOR THE:

(1)  CULTIVATION OF LAND;

(2)  PRODUCTION OF AGRICULTURAL CROPS;

(3)  RAISING OF POULTRY;

(4)  PRODUCTION OF EGGS;

(5)  PRODUCTION OF MILK;

(6)  PRODUCTION OF FRUIT OR OTHER HORTICULTURAL
CROPS; AND

(7)  PRODUCTION OF LIVESTOCK.

(B)  THIS SECTION DOES NOT APPLY TO:

(1)  AN AGRICULTURAL OPERATION THAT DOES NOT
CONFORM TO FEDERAL, STATE, OR LOCAL HEALTH OR ZONING
REQUIREMENTS;

(2)  A FEDERAL, STATE, OR LOCAL AGENCY WHEN
ENFORCING AIR, WATER QUALITY, OR OTHER ENVIRONMENTAL
STANDARDS UNDER FEDERAL, STATE, OR LOCAL LAW; OR

(3)  AN AGRICULTURAL OPERATION THAT IS CONDUCTED
IN A NEGLIGENT MANNER.

(C) IF AN AGRICULTURAL OPERATION, INCLUDING ANY CHANGE
IN THE OPERATION, HAS BEEN UNDER WAY FOR A PERIOD OF 1 YEAR