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.
Norfolk, VA
Norfolk prohibits habitual barking that disturbs neighbors under City Code Chapter 6 (Animals). A dog barking continuously for 20 minutes or intermittently f...
Norfolk, VA
Amplified music in Norfolk is prohibited if plainly audible at 50 feet from the source or inside another residence. Granby Street, Waterside District, and Gh...
Norfolk, VA
Norfolk enforces quiet hours from 10 PM to 7 AM weekdays and 11 PM to 8 AM weekends under City Code Chapter 26. Plainly audible standard applies at 50 feet o...
Norfolk, VA
Virginia has no statutory shared-fence cost law. Norfolk property owners are individually responsible for fences on their own land. Boundary-line fences requ...
Norfolk, VA
Norfolk requires all dogs off their owner's property to be leashed under City Code Chapter 6. Town Point Park, Ocean View Beach, and most city parks require ...
Norfolk, VA
Norfolk limits households to a combined total of 4 dogs and cats over 4 months old without a kennel license. Kennel licenses require zoning approval. Militar...
See how Norfolk's farm nuisance protection rules stack up against other locations.
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