Maine Revised Statutes Title 7 Sec. 153 – Farm; farm operation or agricultural composting operation not a nuisance
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A farm, farm operation or agricultural composting operation may not be considered a public or private nuisance under Title 17, chapter 91 if the farm, farm operation or agricultural composting operation alleged to be a nuisance is in compliance with applicable state and federal laws, rules and regulations and: [PL 2007, c. 649, §3 (NEW).]
1. Farm; farm operation; agricultural composting operation. The farm, farm operation or agricultural composting operation conforms to best management practices, as determined by the commissioner in accordance with Title 5, chapter 375;
[PL 2007, c. 649, §3 (NEW).]
Terms Used In Maine Revised Statutes Title 7 Sec. 153
- Agricultural composting operation: means composting that takes place on a farm. See Maine Revised Statutes Title 7 Sec. 152
- Composting: means the controlled aerobic decomposition of organic materials to produce a soil-like product beneficial to plant growth and suitable for agronomic use. See Maine Revised Statutes Title 7 Sec. 152
- Farm: means the land, plants, animals, buildings, structures, ponds and machinery used in the commercial production of agricultural products. See Maine Revised Statutes Title 7 Sec. 152
- Farm operation: means a condition or activity that occurs on a farm in connection with the commercial production of agricultural products and includes, but is not limited to, operations giving rise to noise, odors, dust, insects and fumes; operation of machinery and irrigation pumps; disposal of manure; agricultural support services; and the employment and use of labor. See Maine Revised Statutes Title 7 Sec. 152
2. Storage or use of farm nutrients; complaints. For complaints regarding the storage or use of farm nutrients as defined in section 4201, subsection 4, the farm, farm operation or agricultural composting operation has implemented a nutrient management plan developed in accordance with section 4204 and operation of the farm, farm operation or agricultural composting operation is consistent with the nutrient management plan; or
[PL 2007, c. 649, §3 (NEW).]
3. Change in land use; occupancy of land. The farm, farm operation or agricultural composting operation existed before a change in the land use or occupancy of land within one mile of the boundaries of the farm, farm operation or agricultural composting operation as long as, before the change in land use or occupancy, the farm, farm operation or agricultural composting operation would not have been considered a nuisance. This subsection does not apply to a farm, farm operation or agricultural composting operation that materially changes the conditions or nature of the farm, farm operation or agricultural composting operation after a change in the land use or occupancy of land within one mile of the boundaries of the farm, farm operation or agricultural composting operation. Nothing in this subsection affects the applicability of any of the other provisions of this chapter.
[PL 2007, c. 649, §3 (NEW).]
SECTION HISTORY
PL 2007, c. 649, §3 (NEW).