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.
Richmond, VA
Richmond's zoning and property maintenance codes do not restrict residential lawn ornaments, statuary, or religious displays at single-family homes. Politica...
Richmond, VA
Richmond has no specific city ordinance regulating residential inflatable holiday displays. Restrictions come from HOA and condo covenants under Virginia's P...
Richmond, VA
Richmond has no citywide ordinance restricting residential holiday lights at single-family homes. Real restrictions arise from HOA and condo covenants under ...
Richmond, VA
Outdoor kitchens in Richmond require separate trade permits from PDR Building Permits: building permit for structural elements, mechanical permit for gas lin...
Richmond, VA
Richmond has no specific city ordinance regulating residential offset smokers, pellet grills, or wood-fired pizza ovens at single-family homes. Multi-unit re...
Richmond, VA
Richmond enforces the Virginia Statewide Fire Prevention Code (VSFPC), which adopts the 2018 International Fire Code. IFC §308.1.4 prohibits open-flame cooki...
See how Richmond's farm nuisance protection rules stack up against other locations.
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