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ROBERT L. EHRLICH, JR., Governor
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Ch. 172
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CHAPTER 172
(House Bill 396)
AN ACT concerning
Agricultural Operations - Nuisance Actions - Requirements
FOR the purpose of requiring a person filing a nuisance action against an agricultural
operation in any court to first file a complaint with a certain local agency or
refer a complaint to the State agricultural mediation program in the
Department of Agriculture and to obtain a decision or recommendation from the
local agency or a certain certification from the Department on the nuisance
complaint; excepting government agencies from certain requirements; and
generally relating to nuisance actions against agricultural operations.
BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 5—403
Annotated Code of Maryland
(2002 Replacement Volume and 2005 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Courts and Judicial Proceedings
5-403.
(a) In this section, "agricultural operation" means an operation for the
processing of agricultural crops or on-farm production, harvesting, or marketing of
any agricultural, horticultural, silvicultural, aquacultural, or apicultural product that
has been grown, raised, or cultivated by the farmer.
(b) (1) This section does not:
(i) Prohibit a federal, State, or local government from enforcing
health, environmental, zoning, or any other applicable law;
(ii) Relieve any agricultural operation from the responsibility of
complying with the terms of any applicable federal, State, and local permit required
for the operation;
(iii) Relieve any agricultural operator from the responsibility to
comply with any federal, State, or local health, environmental, and zoning
requirement; or
(iv) Relieve any agricultural operation from liability for conducting
an agricultural operation in a negligent manner.
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