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§ 15.2-2288 Localities may not require a special use permit for certain agricultural activities

A zoning ordinance shall not require 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. For the purposes of this section, production agriculture and silviculture is the bona fide production or harvesting of agricultural products as defined in § 3.2-6400, including silviculture products, but shall not include the processing of agricultural or silviculture products, the above ground application or storage of sewage sludge, or the storage or disposal of nonagricultural excavation material, waste and debris if the excavation material, waste and debris are not generated on the farm, subject to the provisions of the Virginia Waste Management Act. However, localities may adopt setback requirements, minimum area requirements and other requirements that apply to land used for agriculture or silviculture activity within the locality that is zoned as an agricultural district or classification. Nothing herein shall require agencies of the Commonwealth or its contractors to obtain a special exception or a special use permit under this section.

History

The record of this law’s original creation isn’t available online. It has been modified 26 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1962, chapter 407; in 1964, chapter 564; in 1966, chapter 455; in 1968, chapters 543 and 595; in 1973, chapter 286; in 1974, chapter 547; in 1975, chapters 99, 575, 579, 582, and 641; in 1976, chapters 71, 409, 470, and 683; in 1977, chapter 177; in 1978, chapter 543; in 1979, chapter 182; in 1982, chapter 44; in 1983, chapter 392; in 1984, chapter 238; in 1987, chapter 8; in 1988, chapters 481 and 856; in 1989, chapters 359 and 384; in 1990, chapters 672 and 868; in 1992, chapter 380; in 1993, chapter 672; in 1994, chapter 802; in 1995, chapters 351, 475, 584, and 603; in 1996, chapter 451; in 1997, chapter 587; in 2012, chapter 455; in 2014, chapter 435.

Code 1950, § 15-968.5; 1962, c. 407, § 15.1-491; 1964, c. 564; 1966, c. 455; 1968, cc. 543, 595; 1973, c. 286; 1974, c. 547; 1975, cc. 99, 575, 579, 582, 641; 1976, cc. 71, 409, 470, 683; 1977, c. 177; 1978, c. 543; 1979, c. 182; 1982, c. 44; 1983, c. 392; 1984, c. 238; 1987, c. 8; 1988, cc. 481, 856; 1989, cc. 359, 384; 1990, cc. 672, 868; 1992, c. 380; 1993, c. 672; 1994, c. 802; 1995, cc. 351, 475, 584, 603; 1996, c. 451; 1997, c. 587; 2012, c. 455; 2014, c. 435.

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