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Many municipalities strive to maintain a rural character and encourage agricultural uses. Agricultural uses inherently cause what some consider to be nuisances, such as dust, odor, noise, etc. Many municipalities have enacted what is often called right to farm laws which permit agricultural and farming practices to continue free of restrictions that might otherwise be placed on such nuisances. We offer samples on right to farm laws, which allow special exemptions from nuisances laws. The time of day of farming operations is not restricted. There are provisions for notification of prospective land buyers in the area, advising them of the existence of agricultural uses. Another sample regulates the use of deer cannons, while another requires manure management plans. If your community is interested in reviewing this type of legislation, contact us for free copies.

Dennis, Twp. NJ: Ch. 54

Poestenkill, T. NY: Ch. 80

Independence, Twp. NJ: Ch. 97

St. Thomas, Twp. PA: Ch. 51

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Dennis, Twp. NJ

[HISTORY: Adopted by the Township Committee of the Township of Dennis 12-10-1990 as Ord. No. 90-201. Amendments noted where applicable.]

Subdivision of land -- See Ch. 165.
Zoning -- See Ch. 185.

§ 54-1. Title.

This chapter shall be known as the "Dennis Township Right to Farm Ordinance."

§ 54-2. Definitions.

For the purposes of this chapter the following terms shall have the meanings indicated:

AGRICULTURAL USE -- Any production of plants or animals useful to man, including but not limited to forages or sod crops; grains and feed crops; dairy animals and dairy products; poultry and poultry products: livestock, including beef cattle, sheep, swine, horses, ponies, mules or gnats and including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or any land devoted to and meeting the requirements and qualifications for payments or other compensation pursuant to a soil conservation program under an agency of the federal government.

In all relevant actions filed subsequent to the effective date of this chapter, there shall exist a rebuttable presumption that no agricultural use that conforms to all relevant federal, state or local statutes, rules and regulations or ordinances and which does not pose a direct threat to public health and safety shall constitute a public or private nuisance, nor shall any such use be deemed to otherwise invade or interfere with the use and enjoyment of any other land or property.

§ 54-4. Notice to purchasers of property.

With respect to any property transfer or sale within the Township of Dennis, the purchaser of the property is hereby on notice that agricultural uses exist throughout the Township of Dennis and may be located adjacent to or within the vicinity of the property purchased. The risk of any impact of these agricultural uses on the purchase of property is specifically to be borne by the purchaser of that property.

§ 54-5. Maps, plans, plats and site plans to contain statement.

All maps, plans, plats or site plans filed with the Township of Dennis in connection with the development, transfer or sale of property within the township shall hereafter contain on them a statement to the effect that Dennis Township has a Right-To-Farm Ordinance and that any purchaser or transferee of property within the township takes that property with the express understanding that agricultural uses may exist in the vicinity of that property.

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Poestenkill, T. NY

Land use -- See Ch. 102.

§ 80-1. Title.

This chapter shall be known as the "Right to Farm Life Law of the Town of Poestenkill.

§ 80-2. Intent and purpose.

It is the general purpose and intent of this chapter to maintain and preserve the rural tradition and character of the Town of Poestenkill, to permit the continuation of the business of farming within the town, to protect the existence and operation of established farms and to encourage the initiation and expansion of farming businesses. In recognition of the fact that there are many practices and activities which are inherent to and necessary for the business of farming, it is the specific purpose and intent of this chapter to attain the aforementioned goals and objectives by providing that such practices and activities may proceed and be undertaken free of unreasonable and unwarranted interference or restrictions.

§ 80-3. Definitions.

1. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
2. As used in this chapter, the following terms shall have the meanings indicated:

FARM -- A parcel of land as defined in § 102-4 of the Code of the Town of Poestenkill.

FARMER -- Any person, organization, entity, association, partnership or corporation engaged in the operation of a farm as hereinabove defined.

FARMING -- Any activity conducted, carried out or engaged in by or on behalf of a farmer which is necessarily or reasonably related or incidental to the operation of a farm and which is otherwise compliant with the laws, rules, regulations and restrictions of the United States, the State of New York and the County of Rensselaer which may now or hereafter exist and be in force and effect and with the presently existing local laws, ordinances, rules and regulations of the Town of Poestenkill.

Farmers, as well as those employed, retained or otherwise authorized to act on behalf of farmers, may lawfully engage in farming practices within the Town of Poestenkill at any and all such times and at such locations as are reasonably necessary to conduct the business of farming. For any farming activity or operation, in determining the reasonableness of the time, place and methodology of such operation, due weight and consideration shall be given to both traditional customs and procedures in the farming industry, as well as to advances resulting from increased knowledge and improved technology.

§ 80-5. Interference prohibited.

No person, group, entity, association, partnership or corporation will engage in any conduct or act in any manner so as to unreasonably, intentionally, knowingly and deliberately interfere with, prevent or in any way deter the practice of farming within the Town of Poestenkill.

§ 80-6. Penalties for offenses.

A violation of this chapter is an offense, punishable by a fine of not less than twenty-five dollars ($25.) nor more than two hundred fifty dollars ($250.). Further, each day's violation or each day's continuance of a violation shall constitute a separate offense. In addition, an action to restrain or enjoin any violation of this chapter may be brought in a court of competent jurisdiction by any person aggrieved by such violation.

§ 80-7. Construal of provisions.

This chapter and the proscriptions and penalties set forth herein are in addition to and not in lieu of all other applicable laws, rules and regulations, which are therefore continued in full force and effect and unaffected by this chapter. Conversely, this chapter is not intended to contradict or contravene any law, rule, regulation, restriction or proscription of the United States, the State of New York or the County of Rensselaer which may now or hereafter obtain nor of the Town of Poestenkill which may exist as of the date of adoption of this chapter. Accordingly, to the extent that this chapter may be contrary to or inconsistent with such other legislation or regulations, such legislation and regulations shall be deemed continued in full force and effect and unaffected by this chapter.

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Independence, Twp. NJ

§ 97-1. Legislative findings.

§ 97-2. Intent.

§ 97-3. Recognition of right.

§ 97-4. Times of operation; ancillary effects.

§ 97-5. Restrictions on usage.

§ 97-6. Nonliability of township.

§ 97-7. When effective.

[HISTORY: Adopted by the Township Committee of the Township of Independence: Art. I, 8-10-1981; Art. II, 7-13-1993 by Ord. No. 93-10. Amendments noted where applicable.]

Land development -- See Ch. 116.
Surface water management -- See Ch. 137.

§ 97-1. Legislative findings.

1. The Township Committee finds that farming has existed and been carried on in the township for hundreds of years and long before the residential development that has since been prevalent in the township. The Township Committee further finds that residences have been located in close proximity to existing working farms that engage in spraying, the spreading of animal wastes, fertilizing and irrigation as well as other activities which are indigenous to farming. The Township Committee finds and determines that farmers must be secure in their ability to earn a livelihood and utilize customary farming procedures and techniques.

2. The township further finds that whatever burden may be caused to contiguous property owners is offset by the benefits from farming to the township, county and state as well as the preservation of open space areas within the township.

§ 97-2. Intent.

This article shall not be construed as a zoning ordinance and does not supersede any zoning ordinance and the rights and privileges arising from said ordinances. It is the intent of this article to prohibit farming from being found to be a nuisance when practiced according to customary farming practices.

§ 97-3. Recognition of right.

The right to farm lands and properties within the Township of Independence is hereby recognized to exist as a right of the farmer, his agents or assigns to utilize his land and properties in such a manner as to pursue his livelihood, subject only to the restrictions and regulations set forth in the township, county and state health codes and regulations. This right to farm recognizes the use of large irrigation pumps and equipment, aerial and ground seeding and spraying, large tractors, the application of chemical fertilizers, insecticides and herbicides, as well as other customary farm equipment utilized by the farmer for the purpose of producing from the land agricultural products such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, aquaculture, flowers and seeds. The right to farm shall also include the right to utilize the land for grazing of animals, subject to the restrictions for intensive fowl or livestock farms or such restrictions as may be required by county, state and federal laws.

§ 97-4. Times of operation; ancillary effects.

The activities set forth herein incidental to the right to farm and when reasonable and necessary for that particular farming activity and livestock or fowl production, and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Sundays and weekdays and at night and during the day. The noise, odors, dust and fumes that are caused by these activities are recognized as ancillary to the permitted activities set forth in this article and the right to farm.

§ 97-5. Restrictions on usage.

1. Deer cannons shall not be permitted to rotate on a constant 360 degree basis and shall be required to be aimed or targeted at crops only.

2. Deer cannons shall not be fired or a line of fire directed toward a residential dwelling within 1/4 of a mile of the location of the deer cannon.

3. Each deer cannon shall be equipped with a motion sensor from dusk to dawn which motion sensing devices shall be installed or attached on each deer cannon in use as of the date of this article, within 30 days of the passage of the same.

4. This article shall be attached to and incorporated in all permits issued for deer cannons by the Division of Fish and Game.

5. The Division of Fish and Game shall supply a copy of all permits issued for deer cannons, including verbal permits prior to this issuance of a written permit therefor, to the Independence Township Police Department, which shall be communicated by facsimile transmission.

6. All permits issued for deer cannons shall be crop specific.

§ 97-6. Nonliability of township.

This article shall not create any liability on the part of the Township of Independence or any officer or employer thereof to undertake any enforcement action based upon any administrative decision made by the Division of Fish and Game.

§ 97-7. When effective.

This article shall become effective upon final passage and publication as required by law.

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St. Thomas, Twp. PA

Sewers -- See Ch. 63.
Solid waste -- See Ch. 65.

§ 51-1. Title.

This chapter shall be known as and may be cited as the "Saint Thomas Township Livestock and Poultry Manure Management Ordinance."

§ 51-2. Definitions.

The following words and terms when used in this chapter have the following meanings, unless the context clearly indicates otherwise:

CONSERVATION FARM PLAN -- A plan that lists conservation practices and schedules their implementation to control soil erosion and sediment pollution on a designated farm in accordance with the provisions of Chapter 102 of Title 25, the Department of Environmental Resources Rules and Regulations, as mandated by the Pennsylvania Clean Streams Law.

EXPANSION OF FARM FACILITIES -- Any new facility that would be used to increase flock or herds above seasonal changes.

FACILITIES -- Structures used for the storage of manure or to house or protect livestock or poultry.

NORMAL SEASONAL CHANGES -- Changes typical of operations where herd or flock population changes (consider variations and average numbers over the past five years) are due to normal calving and culling procedures.

NUTRIENT MANAGEMENT PLAN -- The document which describes the nutrient management program.

NUTRIENT MANAGEMENT PROGRAM -- A complete system for the management of animal wastes and fertilizers in order to prevent the pollution of the air and of groundwaters and surface waters.

PLAN REVIEW -- A review of the nutrient management plan to ensure that it contains the necessary information and that it has calculated land application nutrient loading rates according to the Pennsylvania Department of Environmental Resources supplement entitled "Field Application of Manure."

Except as noted below, the conduct of current livestock or poultry operations and the facilities used therefor, to the extent that the operation or facilities are not expanded, shall be unaffected by this chapter. Normal seasonal changes in herd or flock sizes shall not be considered expansion. In the event that the township has reason to suspect that livestock or poultry operations or the facilities used therefor have polluted or pose a substantial risk of polluting either surface waters or groundwaters, and after discussion with the Conservation District and Soil Conservation, it may invite the Department of Environmental Resources, Bureau of Water Quality Management, to make such a determination. If the Department of Environmental Resources has been requested to investigate an operation or facility, such investigation shall occur after notification to the landowner by the township. If such pollution is occurring, as determined by the Department of Environmental Resources, the township shall require the filing of an application for a permit and compliance with the terms of this chapter, including but not limited to compliance with § 51-4A and B, even if neither the operations nor the facility were or are intended to be expanded.

§ 51-4. Permit required; application.

1. Before any livestock or poultry operation is initiated or expanded, a permit for such expansion or initiation must be obtained from the township.
2. Applications shall set forth in detail the applicant's nutrient management program.
3. In addition to the requirements imposed by the township, the application shall be accompanied by a letter of certification from the Franklin County Conservation District stating that it has reviewed the nutrient management plan.
4. Application shall be submitted for review to a representative or representatives of the township appointed by the Board of Supervisors. The representative or representatives shall serve at the pleasure of the Board of Supervisors and may be named and replaced by resolution. The representative or representatives trained in nutrient management may but need not also serve as the Sewage Enforcement Officer, Engineer or member of the Agricultural Board. In reviewing the application, the township's representative or representatives may but need not adopt the plan review of the Franklin County Conservation District.
5. The application shall be accompanied by a filing fee charged for the purpose of defraying the expenses of reviewing the application and making such site inspection and follow-up inspections as are advisable, in the discretion of the township's representative, to carry out the purposes of this chapter. The filing fee shall be $100 and may be modified from time to time by resolution of the Board of Supervisors. This filing fee shall be in addition to any fee charged by the Franklin County Conservation District in consideration of its review of the applicant's nutrient management program. [Amended 5-17-1993 by Res. No. 8-93]
6. In addition to a permit being required in § 51-4A above, a permit shall also be required if, according to the provisions as set forth in § 51-3 of this chapter, a determination is made by the Pennsylvania Department of Environmental Resources that livestock or poultry operations and the facilities used therefor are causing any type of pollution as determined by the Department of Environmental Resources.

§ 51-5. Nutrient management plan; criteria.

1. The applicant shall submit a nutrient management plan for safely managing all nutrients, including without limitation the manure, sludge and chemical fertilizers used or produced on the farm. It must show in detail all existing and proposed facilities, along the locations of all fields where the manure or chemical fertilizers will be deposited.
2. The plan shall, at a minimum, comply with the criteria set forth in the Manure Management for Environmental Protection, publication of the Commonwealth of Pennsylvania, Department of Environmental Resources, published in October of 1986, together with its technical supplements as they are amended from time to time.
3. In performing the calculations required for the nutrient management plan, the application shall use the then current worksheet prepared by the Bureau of Soil and Water. The worksheet requires current (within three years) soil test information, yield data and acres for each crop and a manure analysis for each type of manure.
4. Drawings outlining the location and nature of existing and proposed Facilities shall be drawn to scale and be of sufficient specificity that the township representative can easily determine the exact location and nature of the facility.
5. The plans shall describe the method and facilities used to remove, store, transport, treat or dispose of all livestock or poultry wastes during all seasons. The plan shall include calculations of the amount of manure produced, the amount of land needed for its disposal and proof that the applicant owns or leases sufficient land to safely dispose of the manure. Amounts of fertilizer planned to be used shall be included in the nutrient management plan. In the event that the applicant is leasing the land, the plan shall include the written consent of the owner to the disposal of manure on the leased land.
6. If sufficient land, as required by the nutrient management plan for the proper disposal of manure, is not available on the farm on which the proposed facility is located or on other farms owned or leased by the applicant, the nutrient management plan shall state what will be done with the excess manure. This may include removing the manure to other locations where it is properly processed for resale or utilized for other environmentally safe uses.
7. All land on which manure is to be applied must have an implemented conservation farm plan.

§ 51-6. Enforcement.

1. Whenever any nutrient management plan is required to be filed pursuant to the provisions of this chapter, the owner and operator of any livestock or poultry operation required to file such plan shall file the plan with the township within 90 days of being informed to do so by the township.
2. Any owner or operator of a poultry or livestock operation who fails to file a nutrient management plan with the township within 90 days after notification to do so shall be deemed in violation of this chapter.

§ 51-7. Violations and penalties. [Amended 10-21-1996 by Ord. No. 117; 3-17-1997 by Ord. No. 120]

Any person who violates or permits a violation of this chapter shall be subject to a fine not to exceed $1,000, plus court costs, and, in default of payment, to confinement for a period not greater than 30 days, to be enforced by an action brought before the District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction to enforce compliance herewith.

§ 51-8. Additional rules and regulations.

The Board of Supervisors of Saint Thomas Township may pass by resolution at any time after the enactment of this chapter any rules and/or regulations it deems necessary to implement, effectuate, interpret, enforce, construe or apply this chapter.

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