[HISTORY: Adopted by the Suffolk County Legislature 4-27-1982 by L.L. No.
11-1982 (Ch. 206 of the 1985 Code). Amendments noted
where applicable. Uncodified sections of local laws amending these
provisions are included at the end of this chapter.]
It is the declared policy of the County of Suffolk to conserve,
protect and encourage the use of its agricultural land for the production
of food and other agricultural products. When nonagricultural land
uses extend into agricultural areas, agricultural operations often
become the subject of nuisance suits. As a result, agricultural operations
are sometimes forced to cease operations. Many others are discouraged
from making investments in farm improvements. It is the purpose of
this chapter to reduce the loss to the County of its agricultural
resources by limiting the circumstances under which agricultural operations
may be deemed to be a nuisance. It is expressly found that whatever
nuisance may be caused to others by such uses and activities so conducted
is more than offset by the benefits from farming to the neighborhood
and community and to society in general by the preservation of open
space, the beauty of the countryside and clean air and by the preservation
and continuance of farming operation in Suffolk County.
Notwithstanding any other provision of this chapter, agricultural
activities conducted on farmland, if consistent with good agricultural
practices and established prior to surrounding nonagricultural activities,
are deemed to be reasonable and shall not constitute a nuisance unless
the activity has a substantially adverse effect on the public health
and safety. No agricultural or farming operation, resulting from changed
conditions in or around the agricultural or farming operation, shall
be the subject of a public nuisance action if such agricultural or
farming operation has been in existence for one year or more prior
to the changed condition and has not been declared to be a nuisance
by a commission, local health office, local board of health or court
of competent jurisdiction at the time that such operation commenced.
As used in this chapter, the following terms shall have the
meanings indicated:
Those activities which are allowed under § 301,
Subdivision 3, of the Agriculture and Markets Law of New York.
Land used primarily for bona fide agricultural production,
for commercial purposes, of all those items and products as defined
in Agriculture and Markets Law of New York § 301.
Includes the use of large irrigation pumps and equipment,
aerial and ground seeding and spraying, large tractors, numerous farm
laborers and the application of fertilizers, all for the purpose of
producing from the land agricultural products such as vegetables,
grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers
and seeds. This right to farm shall also include the right to use
land for grazing by animals, subject to the restrictions for intensive
fowl or livestock farms. The foregoing uses and activities included
in the right to farm, when reasonable and necessary for the particular
farming, livestock or fowl production and when conducted in accordance
with generally accepted agricultural practices, may occur on holidays,
Sundays and weekdays, at night and in the day, and the noise, odors,
dust and fumes that are caused by them are also specifically permitted
as part of the exercise of this right, within the Health Department
regulation.
The provisions of § 274-2 of this chapter shall not defeat the right of any person, firm or corporation 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 account of any overflow of lands of any such person, firm or corporation.
This chapter shall not affect actions commenced prior to the
effective date hereof.
