§165-4 Right to farm. (a) No court, official, public servant, or public employee shall declare any farming operation a nuisance for any reason if all of the following have been proven:

(1) That during the twelve-month period preceding the filing of the nuisance complaint with a court or other adjudicative public body, the farming operation complied with statutes, ordinances, regulations, or rules relevant to the nuisance complaint; and

(2) That the farming operation has used reasonable care in conducting its operation.

(b) Notwithstanding a farming operation's satisfaction of subsection (a)(1) and (2), a farming operation may be declared a nuisance if:

(1) The farming operation or any aspect thereof has been previously determined to be injurious to public health or safety by the department of health, the department of agriculture, or a court of competent jurisdiction; and

(2) The complainant establishes by a preponderance of the evidence that the alleged nuisance resulted from the injurious operation or aspect thereof. Any determination of injuriousness shall be in writing and shall set forth the bases for the determination. [L 1982, c 256, pt of §1; am L 1986, c 242, §3]