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.
Fairfax, VA
City of Fairfax Code Chapter 62 (Noise) establishes nighttime quiet hours from 10:00 PM to 7:00 AM on weekdays and 11:00 PM to 8:00 AM on weekends and holida...
Fairfax, VA
The City of Fairfax primarily enforces noise using a plainly-audible standard, but commercial and industrial zones carry implied decibel limits of roughly 65...
Fairfax, VA
Commercial establishments in the City of Fairfax must keep HVAC, loading, trash compaction, and amplified sound within limits set by Chapter 62 and the zonin...
Fairfax, VA
City of Fairfax prohibits using RVs or campers for habitation on public streets. VA Code §46.2-1222.1 authorizes Fairfax City to regulate or prohibit parking...
Fairfax, VA
Commercial vehicles in the City of Fairfax are restricted from overnight parking on residential streets and in residential zoning districts. Vehicles over 12...
Fairfax, VA
On-street parking in the City of Fairfax is generally permitted in residential areas unless posted. Parking within 15 feet of a fire hydrant, on sidewalks, b...
See how Fairfax's farm nuisance protection rules stack up against other locations.
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