Ag. county to regulate livestock and poultry on small acreage

[mominoz]

Our small Agricultural zoned county announced ,but now backing up and asking for help to decide a new animal ordinance. They had published one with arbitrary numbers of livestock and poultry on acreage up to 10 (but not on the cattle farmers), including unincorporated areas! Whoever wrote it knew nothing about animals (I could tell by the terminology) and were limiting all livestock/poultry under 2 acres. They were limiting poultry to "no more than 12 chickens or livestock combined " on 10 acres! (I already pointed out several examples of preservation and 4h owners and breeders and how irrational it was:ie" you can have 12, 1800 lb. cows , but only 12, bantam chickens?" they also had a "you can only have one structure or a coop , but not both ..."I think a realtor wrote it. The intent supposedly is to stop abuse, neglect. (poor county: someone had 20 dogs on a city lot and others were letting critters run loose, after ignoring problems someone must have shouted "do something!" ). This is rural south. Everyone has critters and they were making this for the whole county, not just the 3 towns. There was no regulation except, rabies and leash law. Really everyone does what they want , and they say it is only to be "selective, in cases of real abuse" , but then they make a bunch of folks illegal...'but we won't come count your animals'... but I know law is law and the next guy might enforce it or a fussy neighbor who stands at the fence and counts your animals. I would like to help with some common sense legislation ideas, they are asking for imput ,now; (it is like they cut and pasted the law from another county with a million, when there are only 29,000 people in this county. )The ordinance proposal had some general welfare guidelines, like food, shade, water... but then it rambled off into specific numbers and breeds and ignored others,and used the wrong terms...these folks have never heard of the APA, Livestock Conservatory, Preservation for Poultry Antiquaries, International waterfowl association, don't know the difference between a mule and a donkey or mini-livestock...don't think they ever heard of the Hobby Farm movement,etc. Not a lot of intelligent people in the county, majority are low income....I am thinking general welfare and nuisance guidelines, at most a weight limit because of excrement on acreage. (they also sought to ban exotics: think lions, tigers, wolf hybrids, poisonous critters and only 'non-domestic cage birds' (I told them there are legal wild birds with a permit, that are raised domestically: think, woodducks , teal ducks, etc. ; and what are peacocks considered?.... If they try to get into details, it just gets crazy ...On the structures, why only one?
The point is : I could pick it apart, and it is just random things that somebody thought was a good idea and they must not like chickens (and chickens are raised commercially in this county! and they spread truckloads of chicken litter on the fields everywhere).I would like to be able to present some common sense guidelines for our country community without going into a billion pages of detail....(this isn't that kind of community)....It is mostly some poor,ignorant or lazy,or mentally ill people creating some problems. It is something that needs to be handled on a case by case basis, but they need some kind of ordinance to prevent things like : starving animals, uncontrolled breeding, abandoning animals, letting critters roam off their property,animals persistently making noise at night... Ideas or examples of other county ordinances in rural areas would be helpful...(I have about a week)

 

[SunHwaKwon]

Oh geez. We are hoping to move to GA or SC next year and I hope I don't end up in a place like that. For you, I would expect you could be grandfathered in. I can't even imagine if this happened here and having to pick and choose who gets to stay (some are easy to let go but to get down to 12 would be tough and traumatizing).

I will see what our ordinances say. We are a rural area and the main industry here is chicken farming, so it sounds similar to yours.

 

[SunHwaKwon]

Here are the only applicable parts I could find:

Ch 133 Dogs and other animals


§ 133-12Nuisances.
A.
It shall be unlawful for any owner to allow his dog to become a public nuisance, as defined in § 133-2 of this chapter.

B.
The following specific acts, deeds or conditions shall also constitute a public nuisance within the meaning of this chapter:
[Added 12-16-2008 by Bill No. 2008-5]
(1)
Allow a domestic animal to repeatedly soil, defile, defecate or commit any other nuisance upon any public property, recreation areas or private property other than the owner's.

(2)
Allow a dog to enter private property without the property owner's permission.

(3)
Allow a female dog in heat to be outside a building or other secure enclosure to prevent attraction of other animals.

(4)
Allow a domestic animal to cause an unsanitary, dangerous, or offensive condition because of the size or number of animals in a single location or because a facility is not appropriate for the domestic animal or properly maintained.



§ 133-17Animal care and/or animal neglect.
A.
It shall be unlawful for any person or owner to fail to provide his or her animal with proper animal care as defined in § 133-2 of this chapter.

B.
For the purpose of this section, the following standards shall apply:
[Added 12-16-2008 by Bill No. 2008-5]
(1)
There must be drinkable water in adequate supply.

(2)
The food shall be free from contamination and provided in sufficient quantity.

(3)
The space shall be an area sufficient to enable an animal to stand to its full height, turn around, lie down, and make normal postural adjustments comfortably. Space and provision of exercise must be appropriate for the species and sufficient to meet the needs of the animal.

(4)
The shelter shall provide protection from weather, i.e., sun, wind, precipitation or other inclement or unsafe weather conditions and shelter that is maintained in a clean, sanitary condition, free from extreme and unreasonable objectionable odor.

(5)
Necessary veterinary care shall be provided appropriate to the circumstances, whenever an animal is known or suspected to have suffered an injury, accidental or deliberate, or exhibit signs of disease such as shock, temperature fluctuation, tremors, swelling, broken bones, open wounds, inability to eat or drink, blistering, irregular or abnormal breathing, partial or total paralysis, abnormal discharge or bleeding, mange, or other signs of health problems.

(6)
It shall be unlawful to leave animals unattended in a parked vehicle without proper ventilation to prevent the animal from suffering physical distress from heat exhaustion. If an animal is found to be in distress by the animal control officer, he or she has the right to remove said animal by any means necessary.

(7)
Neither chains, ropes, nor choke collars shall be accepted as collars for a tethered dog. There must be at least a one-inch space between the dog's neck and the collar.


C.
Any animal control officer or other officer empowered to act by law may impound any animal found to be neglected, as defined by this section.
[Added 12-16-2008 by Bill No. 2008-5]



§ 133-18(Reserved) [1]
[1]
Editor's Note: Former § 133-18, Animal waste and other nuisances, was repealed 12-16-2008 by Bill No. 2008-5.


Chapter 186: Right to Farm

§ 186-1Findings and purpose.
A.
In recognition that agriculture is the largest industry in Wicomico County and that it adds many positive benefits to the quality of life, it is the declared policy of the county to preserve, protect and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. When nonagricultural land uses extend into agricultural areas, agricultural operations can become the subject of lawsuits. As a result, agricultural operators are sometimes forced to cease or curtail their operations. Others are discouraged from making investments in agricultural improvements to the detriment of the economic viability of the county's agricultural industry as a whole. It is the purpose of this chapter to reduce the loss to the county of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to constitute a nuisance, trespass or other interference with the reasonable use and enjoyment of land, including, but not limited to, smoke, odors, flies, dust, noise, chemicals or vibration, provided that nothing in this chapter shall, in any way, restrict or impede the authority of the state and of the county to protect the public health, safety and welfare, nor shall it restrict or impede private covenants.

B.
It is in the public interest to promote a more clear understanding between agricultural operations and nonagricultural neighbors concerning the normal inconveniences of agricultural operations which follow generally accepted agricultural practices and do not endanger public health or safety.

C.
An additional purpose of this chapter is to promote a good neighbor policy by advising purchasers and users of property adjacent to or near agricultural operations of the inherent potential problems associated with such purchase or use. These potential problems include, but are not limited to, noises, odors, dust, flies, chemicals, smoke, vibration and hours of operation that may accompany agricultural operations. It is intended that, through mandatory disclosures, purchasers and users will better understand the impact of living near agricultural operations and be prepared to accept attendant conditions as the natural result of living in or near rural areas. However, this chapter shall be effective regardless of whether disclosure was made in accordance with § 186-7 herein (right to farm notice and real estate transfer disclosure).



§ 186-2Interpretation.
This chapter is not intended to and shall not be construed as in any way modifying or abridging local, state or federal laws, including, but not limited to, laws relating to public health, safety or welfare, trespass onto agricultural property, zoning, licensing requirements, environmental standards (including those standards which relate to air and water quality and pesticide use), and the like.


§ 186-3Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
AGRICULTURAL LAND
All real property within the boundaries of Wicomico County that is:
A.
Lying in the Agricultural-Rural Residential District; or
B.
Carried on the tax rolls of the State Department of Assessments and Taxation as agricultural; or
C.
All other land that has been used as an agricultural operation continuously for one year.
AGRICULTURAL OPERATION
Includes, but is not limited to, all matters set forth in the definition of "operation" in § 5-308(a) of the Courts and Judicial Proceedings Article of the Annotated Code of Maryland, as amended from time to time; the production of all matters encompassed within the definition of "farm product" in § 10-601(C) of the Agriculture Article, as amended from time to time; the cultivation and tillage of the soil; the spreading of manure, lime, fertilizer and the like; composting; spraying; production, harvesting and processing of agricultural crops; raising poultry and other fowl; production of eggs; production of milk and dairy products; production of livestock, including pasturage; production of bees and their products; production of fruit, vegetables and other horticultural crops; production of aquatic plants; aquaculture; production of timber; any commercial agricultural procedure performed as incident to or in conjunction with such operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market; usage of land in furtherance of educational and social goals, (including, but not limited to 4-H clubs and Future Farmers of America), agro-tourism and alternative agricultural enterprises; and the like.
GENERALLY ACCEPTED AGRICULTURAL MANAGEMENT PRACTICES
Those methods used in connection with agricultural operations which do not violate applicable federal, state or local laws or public health, safety and welfare and which are agricultural practices in the agriculture industry. Generally accepted agricultural management practices include practices which are recognized as generally accepted management practices and those methods which are authorized by various governmental agencies, bureaus and departments, such as the Wicomico County Cooperative Extension Service of the University of Maryland, the Wicomico County Soil Conservation Districts and the like. If no generally accepted agricultural management practice exists or if there is no method authorized by those agencies mentioned herein which governs a practice, the practice is presumed to be a generally accepted agricultural management practice.


§ 186-4Limitation of actions.
A.
A private action may not be sustained with respect to an agricultural operation conducted on agricultural land on the grounds that the agricultural operation interferes or has interfered with the use or enjoyment of property, whether public or private, if the agricultural operation was, at the time the interference is alleged to arise, conducted substantially in accordance with generally accepted agricultural management practices.

B.
Notwithstanding any provision of this section, no action alleging that agricultural operation has interfered with the reasonable use or enjoyment of real property or personal well-being shall be maintained if the plaintiff has not sought and obtained a final judgment of the Agricultural Reconciliation Committee, as defined in § 186-5 herein.

§ 186-7Right to farm notice and real estate transfer disclosure; penalties.
A.
Upon any transfer of real property by any means, the transferor shall provide the purchaser or lessee a statement specifically advising the purchaser or lessee of the existence of this Right to Farm Chapter which shall be in a form substantially the same as the following:

Real Estate Transfer Disclosure Statement

This disclosure statement concerns the real property located in the County of Wicomico, State of Maryland, described as __________. This statement is a disclosure of the existence of the Wicomico County Right to Farm Law in compliance with Wicomico County Code Chapter 186 (the Wicomico County right to farm).

Seller's Information

The following are representations made by the seller and are not the representations of the agent(s), if any. This information is a disclosure and is not intended to be part of any contract between the buyer and seller.

Wicomico County allows agricultural operations (as defined in the Wicomico County Right to Farm Law) within the county. You may be subject to inconveniences or discomforts arising from such operations, including but not limited to noise, odors, fumes, dust, flies, the operation of machinery of any kind during any twenty-four-hour period (including aircraft), the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments and pesticides. Wicomico County has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be an interference with reasonable use and enjoyment of land, if such operations are consistent with generally accepted agricultural management practices. Wicomico County has established a Reconciliation Committee to assist in the resolution of any disputes which might arise between persons in this county regarding agricultural operations. If you have any questions concerning this policy or the Reconciliation Committee, please contact the Wicomico County Department of Planning, Zoning and Community Development for additional information.

Seller:

Date:


Seller:

Date:


I/we acknowledge receipt of a copy of this statement:

Buyer:

Date:


Buyer:

Date:


If you desire legal advice, consult your attorney.

B.
In addition, because of the county's desire to maintain a good neighbor policy and the county's desire to provide this information to county real property owners, the Wicomico County Director of Finance shall mail a copy of the right to farm notice to all owners of real property in Wicomico County with the annual tax bill, beginning in fiscal year 1998-99, in a form substantially the same as the following:

Wicomico County Right to Farm Notice

Wicomico County recognizes and supports the right to farm agricultural lands in a manner consistent with generally accepted agricultural management practices. Residents of property on or near agricultural land should be prepared to accept the inconveniences or discomforts associated with agricultural operations, including but not limited to noise, odors, flies, fumes, dust, the operation of machinery of any kind during any twenty-four-hour period (including aircraft), vibration, the storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides and pesticides. Wicomico County has determined that inconveniences or discomforts associated with such agricultural operations shall not be considered to be an interference with reasonable use and enjoyment of land, if such operations are conducted in accordance with generally accepted agricultural practices. Wicomico County has established an Agricultural Reconciliation Committee to assist in the resolution of disputes which might arise between persons in this county regarding whether agricultural operations conducted on agricultural lands are causing an interference with the reasonable use and enjoyment of land or personal well being and whether those operations are being conducted in accordance with generally accepted agricultural practices. If you have any questions concerning this policy or the Reconciliation Committee, please contact the Department of Planning, Zoning and Community Development.

C.
Penalty for violation. Any person who violates any provision of this section is guilty of a civil infraction punishable by a fine not exceeding $100. Failure to comply with any provision of this right to farm notice and real estate transfer disclosure section shall not prevent the recording of any document, or the title to real property or any mortgage or deed of trust made in good faith, or for value, and it shall not affect the application of this chapter. The Director of the Department of Planning, Zoning and Community Development or his designee is hereby authorized to issue citations for civil infractions of this subsection.
[Amended 10-24-2000 by Bill No. 2000-9]

 

[mominoz]

Oh geez. We are hoping to move to GA or SC next year and I hope I don't end up in a place like that. For you, I would expect you could be grandfathered in. I can't even imagine if this happened here and having to pick and choose who gets to stay (some are easy to let go but to get down to 12 would be tough and traumatizing).

I will see what our ordinances say. We are a rural area and the main industry here is chicken farming, so it sounds similar to yours.

See my last post, it is ok!

 

[mominoz]

Follow up; I went to the meeting. They said they had this ordinance drawn up 10 years ago and never used it.... but put it on the books (temporarily) because a man abandoned his home in a subdivision , but left 20 dogs there, and yes they were being fed by someone, but they needed to take them..... The Magistrate Judge came and told us (there was a goat soap lady there, 2 rescues, and 3 Hobby Farmers and a couple with more than the limit dogs.) I gave a plug for Heritage Poultry and the organizations (the media guys wants a story about it; I said fine, but not at my house rivacy, bio security and well I don't crazies knowing where I am...I also have a frugal setup...no 30,000$ barns (not that ducks would use it)...;0) ...The judge read a statue that the state passed, that says if you are in an Agricultural Endeavor ; business, rescue,heritage breeding , raising your own food , then the county statue does not apply.... including the lady with 4 goats on an acre...they also Want help on refining the statute....so it was a case of ; county kinda lets people alone until there is a problem....There was this one lady who was from Canada, and other Northern states that runs a Rescue...and I am sure she may do good things (they knew her)...but she wanted more regulation and wanted everyone to have to get a license, and ah , Tattoo their animals , and be like well, 'government nannys'....I voiced : "no I don't want licensing , it would cost more than you'd take in to enforce it (her argument: this tax could pay for stuff)...and this is a one commissioner county with a lot of poor people.. (that kind of thing would never fly here, I mean they bombed the Courthouse in the next county 'cause somebody was mad about something)Phhhewww, it just was done so quick, I was 'rabid';0)... but around here...there are the few "middle class"...poor, and some landowners, and one or two mills chugging along. Now I am going to see if I can find some 'good ideas' to help them....