WASHINGTON COUNTY, MINNESOTA
ORDINANCE 2000-88
AN ORDINANCE AMENDING THE ZONING CODE TO EXPRESSLY PROVIDE
FOR A "RIGHT TO FARM" WITHIN THE CITY OF GRANT.
THE CITY COUNCIL OF THE CITY OF GRANT, WASHINGTON COUNTY, MINNESOTA,
DOES HEREBY
ORDAIN AS FOLLOWS:
A. That City Zoning Ordinance Section 744, is hereby AMENDED, by adding
language to
said Ordinance, as follows:
744.001. Right to Farm..
Grant began, and continues to this day, as a community with a farming
history. Grant's citizens prize and cherish
the rural atmosphere that has been maintained. They also recognize
that that rural atmosphere cannot be protected
unless the family farm is also protected.
"Right to Farm"
laws are designed to discourage persons from suing farmers on
the basis that a farm operation, even when conducted according to generally
accepted agricultural standards, is a
nuisance. These laws help established farmers who use good management
practices to prevail in private nuisance
lawsuits.
"Right to Farm" laws also document the importance of farming to the
state, or locality (such as the City of Grant),
where they exist. They also help to "put on notice" non-farm residents
that generally accepted agricultural
practices are reasonable activities to expect in designated areas.
Finally, "Right to Farm" laws provide farm families, and others who
prize the fanning atmosphere, with a
psychological sense of security that farming is a valued and accepted
activity in the community.
For all of these reasons, all of the City of Grant is hereby-designated
a "Right to Farm" area. Farming operations
are hereby afforded the following property rights in the
City of Grant:
1 . Farmers shall have the right to farm without unreasonable restrictions,
regulations, or
harassment. Complaints against the operations of farms shall be considered
to be
unwarranted and frivolous as long as the farming activities are being conducted
according
to generally accepted agricultural standards.
These farming activities shall include, but not be limited to:
a. The right to operate equipment in the fields, on the roads, or on any
farm or homestead
property, at any time and on any day of the week.
b. Farming activities that generate noise and dust. This can be caused
in a variety of ways
including fieldwork, caring for livestock, harvest, or care and maintenance
of the farm.
C. The generation of odor from livestock, manure, fertilizer, feed, and
farm-related other
sources.
2. Farmers have
a right to farm even if development is taking place around them. If the
farm was in
operation before
the complaining person moved to the area, the complaining person shall
be deemed to
have "come to
the nuisance."
3. All farming
operations that lawfully exist in Grant shall be protected by this Ordinance
B. Section 744.06 (2) is hereby REPEALED and REPLACED with the
following:
(2) The farm
operations are so intensive as to constitute an industrial type use consisting
of the
compounding,
processing and packaging of products for wholesale or retail trade and
further, that such
operations may
tend to become a permanent industrial type operation. Excessive trucking
operations.
more than are
generally associated with a family farm, shall be considered an intensive
use.
C. Effective Date. This Ordinance shall be in full force and effect
from and after its passage and publication
according to law.
Passed and adopted by the City Council of the City of Grant, Washington County, Minnesota, this ___ day of 2000.
Gary Erichson, Mayor
Attest:
Stephanie Marty, City Clerk