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.
Vienna, VA
Commercial noise in Vienna, including HVAC equipment, refrigeration units, delivery activity, and loading docks, is regulated through zoning conditions and t...
Vienna, VA
Vehicle noise in Vienna is regulated through both Town Code and Virginia state law. Modified exhaust systems, excessively loud stereos, and unnecessary horn ...
Vienna, VA
Construction and contractor work in Vienna is permitted Monday through Friday 7:00 AM to 9:00 PM, Saturday 9:00 AM to 9:00 PM, and prohibited on Sundays and ...
Vienna, VA
The Town of Vienna restricts unreasonably loud, disturbing, or unnecessary noise at all hours under Chapter 13 of the Town Code, with enhanced nighttime rest...
Vienna, VA
Commercial vehicles over 12,000 pounds gross vehicle weight rating, tractor-trailers, and vehicles with commercial signage above specified sizes generally ca...
Vienna, VA
On-street parking in Vienna is generally allowed on residential streets unless signed otherwise. Vehicles may not be parked in the same spot on a public stre...
See how Vienna's farm nuisance protection rules stack up against other locations.
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