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.
Herndon, VA
Herndon prohibits modified exhaust systems, engine racing, loud stereos in vehicles, and prolonged horn use, with violations enforced under both Town Code an...
Herndon, VA
Persistent barking, howling, or other animal noise that disturbs neighbors is prohibited in Herndon at all times, with stricter enforcement during quiet hour...
Herndon, VA
Amplified music at parties, restaurants, or outdoor events in Herndon must not be plainly audible at the property line during quiet hours and cannot create a...
Herndon, VA
Town of Herndon Code §§42-261–42-265 prohibit abandoning motor vehicles. Inoperable/abandoned vehicles may be cited and towed. Virginia law threshold of 15 d...
Herndon, VA
Town of Herndon Code §42-160 addresses parking of trailers, semitrailers, boats, and recreational vehicles. RV habitation on public streets is prohibited. St...
Herndon, VA
Commercial vehicles exceeding 1 ton capacity or 10,000 lb GVWR cannot be regularly parked in residential zoning districts in Herndon. Tractor-trailers, dump ...
See how Herndon's farm nuisance protection rules stack up against other locations.
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