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.
Hampton, VA
Hampton restricts parking of commercial vehicles in residential areas. Vehicles exceeding one ton rated capacity or displaying commercial advertising may not...
Hampton, VA
Hampton requires driveways to meet zoning standards for width, materials, and setbacks. Vehicles must be parked on paved surfaces only. Parking on grass or u...
Hampton, VA
Hampton restricts the parking of recreational vehicles, boats, and trailers on residential streets and in front yards. RVs and boats must generally be stored...
Hampton, VA
Hampton regulates street parking through posted signs and general ordinances. Most residential streets allow parking but may have time limits. Vehicles must ...
Hampton, VA
Hampton limits fence height to 4 feet in front yards and 6 feet in side and rear yards under the zoning ordinance. Corner lots have additional visibility req...
Hampton, VA
Hampton generally does not require a building permit for residential fences under 6 feet in height. Fences exceeding standard heights or those in flood zones...
See how Hampton's farm nuisance protection rules stack up against other locations.
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