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Monroe Connecticut made "Right To Farm" Ordinance -copy attached

Discussion in 'Local Chicken Laws & Ordinances (and how to change' started by Joe33, Sep 24, 2012.

  1. Joe33

    Joe33 Just Hatched

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    Mar 29, 2012
    I live in Monroe Connecticut and we have a very progressive Right To Farm Ordinance which includes Raising Chickens and Poultry. Perhaps Your Town could use something like this::

    Chapter 278. FARMING
    [HISTORY: Adopted by the Town Council of the Town of Monroe as indicated in article histories. Amendments noted where applicable.]
    Article I. Right To Farm

    [Adopted 3-28-2011 Editors Note: This Ordinance provided an effective date of May 14, 2011]
    § 278-1. Purpose and intent.

    A. Agriculture plays a significant role in Monroe's heritage and future. The Town officially recognizes the importance of farming to its rural quality of life, heritage, public health, scenic vistas, tax base, open space, wetlands and wildlife, and local economy. Thisright to farm article encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmland within Monroe by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies.
    B. It is the declared policy of the Town of Monroe to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food and other agricultural products, for its natural and ecological value and for the activities associated with agriculture. It is hereby further determined that whatever impact may be caused to others through generally accepted agricultural practices, such impact is offset and ameliorated by the benefits of farming to the neighborhood, community and society in general.
    § 278-2. Definitions.

    The terms "agriculture" and "farming" shall have all those meanings set forth in § l-l(q) of the Connecticut General Statutes, as amended.
    § 278-3. Declaration; nuisance liability; effect on powers of commissions and departments.

    A. No present or future agricultural operation conducted or maintained in a manner consistent with accepted agricultural practices, which is engaged in the act of farming as defined in this article shall become or be considered a nuisance solely because such activity resulted or results in any changed condition of the use of adjacent land. Agricultural operations may occur any day or night, provided such activities do not violate applicable health, safety, fire, zoning, wetlands, life safety, environmental or building codes and regulations and shall include, without limitation:
    (1) The incidental noise from livestock or farm equipment used in generally acceptable farming practices;
    (2) Odors from livestock, manure, fertilizer or feed;
    (3) Dust and fumes associated with normally accepted farming practices;
    (4) The use of agricultural chemicals, provided such chemicals and the method of their application conform to practices approved by the State of Connecticut; and
    (5) Irrigation and water management associated with generally accepted farming practices.
    B. These provisions shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation.
    C. Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commission of Agriculture or his/her designee shall be prima facie evidence that such operations follow generally accepted agricultural practices. Nothing contained in this article shall restrict the powers of the Monroe Inland Wetlands Commission, Planning and Zoning Commission or Building or Health Departments under Connecticut General Statutes.
     
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