                                 CODE OF VIRGINIA

WHEN AGRICULTURAL OPERATIONS DO NOT CONSTITUTE NUISANCE (§ 3.2-302)

A. No agricultural operation or any of its appurtenances shall be or become a
nuisance, private or public, if such operations are conducted in substantial
compliance with any applicable best management practices in use by the operation
at the time of the alleged nuisance and with any applicable laws and regulations
of the Commonwealth relevant to the alleged nuisance. No action shall be brought
by any person against any agricultural operation the existence of which was
known or reasonably knowable when that person&#8217;s use or occupancy of his
property began.
			The provisions of this section shall apply to any nuisance claim brought
against any party that has a business relationship with the agricultural
operation that is the subject of the alleged nuisance. The provisions of this
section shall not apply to any action for negligence or any tort other than a
nuisance.
			For the purposes of this subsection, &#8220;substantial compliance&#8221;
means a level of compliance with applicable best management practices, laws, or
regulations such that any identified deficiency did not cause a nuisance that
created a significant risk to human health or safety. Agricultural operations
shall be presumed to be in substantial compliance absent a contrary showing.

B. The provisions of subsection A shall not affect or defeat the right of any
person to recover damages for any injuries or damages sustained by them on
account of any pollution of, or change in condition of, the waters of any stream
or on the account of any overflow of lands of any such person.

C. Only persons with an ownership interest in the property allegedly affected by
the nuisance may bring an action for private nuisance. Any compensatory damages
awarded to any person for a private nuisance action not otherwise prohibited by
this section, where the alleged nuisance emanated from an agricultural
operation, shall be measured as follows:

   1. For a permanent nuisance, by the reduction in fair market value of the
   person&#8217;s property caused by the nuisance, but not to exceed the fair
   market value of the property; or

   2. For a temporary nuisance, by the diminution of the fair rental value of the
   person&#8217;s property.
   				The combined recovery from multiple actions for private nuisance brought
   against any agricultural operation by any person or that person&#8217;s
   successor in interest shall not exceed the fair market value of the subject
   property, regardless of whether any subsequent action is brought against a
   different defendant than any preceding action.

D. Notwithstanding subsection C, for any nuisance claim not otherwise prohibited
by this section, nothing herein shall limit any recovery allowed under common
law for physical or mental injuries that arise from such alleged nuisance and
are shown by objective and documented medical evidence to have endangered life
or health.

E. Any and all ordinances of any unit of local government now in effect or
hereafter adopted that would make the operation of any such agricultural
operation or its appurtenances a nuisance or providing for abatement thereof as
a nuisance in the circumstance set forth in this section are and shall be null
and void.

HISTORY: 1981, c. 384, § 3.1-22.29; 1994, c. 779; 2008, c. 860; 2018, cc. 147,
677.