Virginia Statewide Rule
Virginia Right to Farm Protections for Livestock
Key Facts
- Statute
- Va. Code § 3.2-301
- Definition
- Production agriculture (§ 3.2-300)
- Applies
- Agricultural-zoned land
- Local rule
- Dillon's Rule state
Summary
Virginia's Right to Farm Act limits how localities can restrict livestock and poultry kept as production agriculture in agriculturally zoned districts.
In order to limit the circumstances under which agricultural operations may be deemed to be a nuisance, especially when nonagricultural land uses are initiated near existing agricultural operations, no locality shall adopt any ordinance that requires that a special exception or special use permit be obtained for any production agriculture or silviculture activity in an area that is zoned as an agricultural district or classification. Localities may adopt setback requirements, minimum area requirements, and other requirements that apply to land on which agriculture and silviculture activity is occurring within the locality that is zoned as an agricultural district or classification. No locality shall enact zoning ordinances that would unreasonably restrict or regulate farm structures or farming and forestry practices in an agricultural district or classification unless such restrictions bear a relationship to the health, safety, and general welfare of its citizens.
Full Breakdown
Under Va. Code § 3.2-301, no locality may require a special exception or special use permit for production agriculture or silviculture, as defined in § 3.2-300, which includes raising livestock and poultry, in an area zoned agricultural. Localities may impose setbacks, minimum lot size, and reasonable health and safety rules, but cannot unreasonably restrict farm structures or practices. Outside agricultural zones, residential keeping of chickens and livestock is governed entirely by local zoning. As a Dillon's Rule state, Virginia grants localities only expressly conferred powers.
Violations & Penalties
Local zoning enforcement actions; nuisance citations vary by locality.
Frequently Asked Questions
Can my Virginia city ban backyard chickens?
Can a locality require a special use permit for my farm livestock?
Sources
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