                                 CODE OF VIRGINIA

AGRICULTURAL OPERATIONS; LOCAL REGULATION OF CERTAIN ACTIVITIES (§ 15.2-2288.6)

A. No locality shall regulate the carrying out of any of the following
activities at an agricultural operation, as defined in § 3.2-300, unless there
is a substantial impact on the health, safety, or general welfare of the public:

   1. Agritourism activities as defined in &#xA7; 3.2-6400;

   2. The sale of agricultural or silvicultural products, or the sale of
   agricultural-related or silvicultural-related items incidental to the
   agricultural operation;

   3. The preparation, processing, or sale of food products in compliance with
   subdivisions C 3, 4, and 5 of &#xA7; 3.2-5130 or related state laws and
   regulations; or

   4. Other activities or events that are usual and customary at Virginia
   agricultural operations.
   				Any local restriction placed on an activity listed in this subsection
   shall be reasonable and shall take into account the economic impact of the
   restriction on the agricultural operation and the agricultural nature of the
   activity.

B. No locality shall require a special exception, administrative permit not
required by state law, or special use permit for any activity listed in
subsection A on property that is zoned as an agricultural district or
classification unless there is a substantial impact on the health, safety, or
general welfare of the public.

C. Except regarding the sound generated by outdoor amplified music, no local
ordinance regulating the sound generated by any activity listed in subsection A
shall be more restrictive than the general noise ordinance of the locality. In
permitting outdoor amplified music at an agricultural operation, the locality
shall consider the effect on adjoining property owners and nearby residents.

D. The provisions of this section shall not affect any entity licensed in
accordance with Chapter 2 (&#xA7; 4.1-200 et seq.) of Title 4.1. Nothing in this
section shall be construed to affect the provisions of Chapter 3 (&#xA7; 3.2-300
et seq.) of Title 3.2, to alter the provisions of &#xA7; 15.2-2288.3, or to
restrict the authority of any locality under Title 58.1.

HISTORY: 2014, cc. 153, 494; 2022, c. 204.