H.B. 229

1

PROTECTIONS FOR AGRICULTURAL
2 PRACTICES
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Michael T. Morley
6 Senate Sponsor: Darin G. Peterson
7
8 LONG TITLE
9 General Description:
10 This bill eliminates the presumption that agricultural operations are conducted in
11 accordance with sound agricultural practices, and provides that agricultural operations
12 are not nuisances.
13 Highlighted Provisions:
14 This bill:
15 . states that agricultural activity is not a nuisance if conducted in accordance with
16 sound agricultural practices; and
17 . provides an exception for air, water, or land pollution, and hazards to another
18 person.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 76-10-803, as last amended by Laws of Utah 2002, Chapter 183
26 78-38-7, as repealed and reenacted by Laws of Utah 1995, Chapter 73
27 78-38-8, as enacted by Laws of Utah 1981, Chapter 154

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 76-10-803 is amended to read:
31 76-10-803. "Public nuisance" defined -- Agricultural operations.
32 (1) A public nuisance is a crime against the order and economy of the state and consists
33 in unlawfully doing any act or omitting to perform any duty, which act or omission:
34 (a) annoys, injures, or endangers the comfort, repose, health, or safety of three or more
35 persons;
36 (b) offends public decency;
37 (c) unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for
38 passage, any lake, stream, canal, or basin, or any public park, square, street, or highway;
39 (d) is a nuisance as defined in Section 78-38-9 ; or
40 (e) in any way renders three or more persons insecure in life or the use of property.
41 (2) An act which affects three or more persons in any of the ways specified in this
42 section is still a nuisance regardless of the extent to which the annoyance or damage inflicted
43 on individuals is unequal.
44 (3) (a) [Agricultural operations that are consistent] Activities conducted in the normal
45 and ordinary course of agricultural operations, as defined in Section 78-38-8 , or conducted in
46 accordance with sound agricultural practices [are presumed to be reasonable and] do not
47 constitute a public nuisance under Subsection (1) unless the [agricultural operation has a
48 substantial adverse effect on the public health and safety.] activity:
49 (i) causes air, land, or water pollution that creates a substantial adverse effect on the
50 public health and safety; or
51 (ii) constitutes an immediate safety hazard to at least one person.
52 (b) Agricultural operations undertaken in conformity with federal, state, and local laws
53 and regulations, including zoning ordinances, are presumed to be operating within sound
54 agricultural practices.
55 Section 2. Section 78-38-7 is amended to read:
56 78-38-7. Agricultural operations -- Nuisance liability.
57 (1) [Agricultural operations that are consistent] Activities conducted in the normal and
58 ordinary course of agricultural operations, or conducted in accordance with sound agricultural

59 practices [are presumed to be reasonable and] do not constitute a nuisance unless the
60 [agricultural operation has] activity:
61 (a) causes air, land, or water pollution that creates a substantial adverse effect on the
62 public health and safety[.]; or
63 (b) constitutes an immediate safety hazard to at least one person.
64 (2) Agricultural operations undertaken in conformity with federal, state, and local laws
65 and regulations, including zoning ordinances, are presumed to be operating within sound
66 agricultural practices.
67 Section 3. Section 78-38-8 is amended to read:
68 78-38-8. "Agricultural operation" defined.
69 As used in this [act] chapter, "agricultural operation" means any [facility for the]
70 activity engaged in the commercial production [for commercial purposes] of crops, orchards,
71 aquaculture, livestock, poultry, livestock products, [or] poultry products, and the facilities,
72 equipment, and property used to facilitate the activity.




Legislative Review Note
as of 1-30-08 9:14 AM

Office of Legislative Research and General Counsel