Virginia Code 3.2-301 establishes the Right to Farm Act, shielding established agricultural operations from nuisance lawsuits and limiting local ordinances that would restrict bona fide farming activities.
The Virginia Right to Farm Act, Code 3.2-301 through 3.2-302, protects agricultural operations from nuisance suits when they have operated for more than one year, have not significantly changed in nature, and were not a nuisance at inception. The Act defines bona fide agricultural production and limits local regulation that would unreasonably restrict farming. Code 15.2-2288 prohibits localities from adopting zoning ordinances that require special use permits for production agricultural activities on lands zoned agricultural. Violations of the act can be raised as defenses or claims for declaratory and injunctive relief.
Localities or plaintiffs pursuing nuisance claims contrary to the Act may have actions dismissed and could be ordered to pay attorney fees if they bring claims in bad faith. Local ordinances inconsistent with state right to farm protections are voidable on judicial review.
Chesapeake, VA
Chesapeake does not impose gas leaf blower bans or specific decibel caps. Leaf blower use is regulated by the general noise ordinance (City Code Chapter 38) ...
Chesapeake, VA
Vehicle noise in Chesapeake includes restrictions on modified exhaust, squealing tires, and loud car audio. Sound systems audible at 50 feet can be cited und...
Chesapeake, VA
Chesapeake treats persistent dog barking as a public nuisance under City Code Chapter 10 (Animals) and Chapter 38 (Noise). Barking that continues for 20 minu...
Chesapeake, VA
Amplified music in Chesapeake must not be plainly audible at 50 feet from the source between 10 PM and 7 AM (11 PM to 8 AM on weekends). Outdoor events with ...
Chesapeake, VA
Chesapeake fence height limits are typically 4 feet in front yards and 6 feet in rear and side yards under the Chesapeake Zoning Ordinance. Corner lots and p...
Chesapeake, VA
Chesapeake requires all dogs to be under physical restraint (leash or confinement) when off the owners property under City Code Chapter 10. Leash length is n...
See how Chesapeake's farm nuisance protection rules stack up against other locations.
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