[HISTORY: Adopted by the Town Meeting of the Town of Colchester
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 24.
[Adopted 10-15-2009]
A.
Agriculture plays a significant role in Colchester's heritage
and future. The Town officially recognizes the importance of farming
to its rural quality of life, heritage, public health, scenic vistas,
tax base, wetlands, wildlife, and local economy. This Right-to-Farm
Ordinance encourages the pursuit of agriculture, promotes agriculture-based
economic opportunities, and protects farmland within Colchester by
allowing agricultural uses and related activities to function with
minimal conflict with abutters and Town agencies.
B.
It is the declared policy of the Town of Colchester to conserve,
protect and encourage the maintenance and improvement of agricultural
land for the production of food and other agricultural products and
for its natural and ecological value.
The terms "agriculture" and "farming" shall have all those meanings
set forth in C.G.S. § 1-1(q), as amended.
A.
Pursuant to Connecticut General Statutes, no present or future agricultural
operations conducted or maintained in a manner consistent with accepted
customs and standards of the agricultural industry on a recognized
farm which is engaged in the act of farming shall become or be considered
a nuisance due to the identified impacts below solely because such
activity resulted or results in any changed condition of the use of
adjacent land, provided that best management practices for all activities
are observed.
(1)
The incidental noise from livestock or farm equipment used in normal,
generally acceptable farming practices;
(2)
Odors from livestock, manure, fertilizer or feed in accordance with
public health and Department of Environmental Protection standards;
(3)
Dust and fumes associated with normally accepted farming practices;
(4)
The use of agricultural chemicals, pesticides and fertilizers associated
with normally accepted farming practices; or
(5)
Water pollution from livestock or crop production activities, except
the pollution of public or private drinking water supplies, provided
such activities conform to acceptable management practices for pollution
control approved by the Commissioner of Environmental Protection.
B.
These provisions shall not apply whenever a nuisance results from
the negligent or improper operation of any such agricultural operation
or when best management practices are not followed.
C.
Inspection and approval of the agricultural or farming operation,
place, establishment or facility by the State Commissioner of Agriculture
or his/her designee shall be prima facie evidence that such operations
follow generally accepted agricultural practices. Nothing contained
in this article shall restrict the powers of Colchester's Wetlands
Commission, Planning and Zoning Commission, Building or Health Department
under Connecticut General Statutes.
