PARRIS N. GLENDENING, Governor

Ch. 677

BY adding to

The Public Local Laws of Dorchester County

Section 38-1 to be under the new chapter "Chapter 38 Right to Farm Law"

Article 10 - Public Local Laws of Maryland

(1984 Edition and March 1996 Supplement, as amended)

BY repealing and reenacting, with amendments.
Article — Real Property
Section 14-117(f)
Annotated Code of Maryland
(1996 Replacement Volume and 1996 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article 10 - Dorchester County

CHAPTER 38
RIGHT TO FARM LAW
38-1.

(A)    SUBJECT TO SUBSECTION (C) OF THIS SECTION, THE COUNTY
COMMISSIONERS MAY ADOPT AN ORDINANCE TO PROTECT A PERSON'S RIGHT TO
FARM OR TO ENGAGE IN AGRICULTURAL OR FORESTRY OPERATIONS.

(B)     IN ADOPTING AN ORDINANCE UNDER THIS SECTION, THE COUNTY
COMMISSIONERS MAY:

(1)     DEFINE THE TERMS "AGRICULTURAL OR FORESTRY OPERATIONS",
"GENERALLY ACCEPTED AGRICULTURAL OR FORESTRY PRACTICES", AND ANY
OTHER TERMS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS SECTION;

(2)     PROVIDE THAT A PRIVATE ACTION MAY NOT BE SUSTAINED
MAINTAINED WITH RESPECT TO AN AGRICULTURAL OR FORESTRY OPERATION ON
THE GROUNDS THAT THE OPERATION INTERFERES OR HAS INTERFERED WITH THE
USE OR ENJOYMENT OF PROPERTY, WHETHER PUBLIC OR PRIVATE, IF, AT THE TIME
THE INTERFERENCE IS ALLEGED TO ARISE:

(I) THE AGRICULTURAL OR FORESTRY OPERATION, INCLUDING
ANY CHANGE IN THE OPERATION, HAS BEEN UNDER WAY FOR A PERIOD OF 1 YEAR
OR MORE AND IF THE OPERATION OR THE CHANGE DID NOT CONSTITUTE A
NUISANCE FROM THE DATE THE OPERATION BEGAN OR THE DATE THE CHANGE IN
THE OPERATION BEGAN; AND

(II) THE AGRICULTURAL OR FORESTRY OPERATION IS
CONDUCTED SUBSTANTIALLY IN ACCORDANCE WITH GENERALLY ACCEPTED
AGRICULTURAL OR FORESTRY PRACTICES;

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