[HISTORY: Adopted by the Town Council of the Town of Mansfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-23-2012, effective 8-23-2012]
This article shall be known and may be cited as the "Right to
Farm Ordinance."
This article is enacted pursuant to §§ 1-1, 7-148 and 19a-341(a) and (c) of the Connecticut General Statutes.
A.
Agriculture plays a significant role in the heritage and future of
the Town of Mansfield. The Town Council of the Town of Mansfield recognizes
the importance of agriculture and farming to the quality of life,
heritage, public health, scenic vistas, tax base, wetlands and wildlife,
and local economy of the Town of Mansfield. This article is intended
to encourage the pursuit of agriculture and farming, promote agriculturally
based economic opportunities, and protect farmland within the Town
of Mansfield by allowing agricultural uses and related activities
to function with minimal conflict with abutting property owners and
Town of Mansfield agencies.
B.
It is the declared policy of the Town of Mansfield 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, while being respectful of the land
and conscious of potential impacts on natural resources. It is also
determined that whatever the effect may be on others through generally
accepted agricultural practices is offset and ameliorated by the benefits
of local agriculture and farming to the neighborhood and to the people
of the Town of Mansfield.
The terms "agriculture and "farming" shall have all those meanings
set forth in § 1-1(q), as amended, of the Connecticut General
Statutes.
Notwithstanding any general statute or municipal ordinance or
regulation pertaining to nuisances to the contrary, no agricultural
or farming operation, place, establishment or facility within the
Town of Mansfield, or any of its appurtenances, or the operation thereof
shall be deemed to constitute a nuisance, either public or private,
due to alleged objectionable 1) odor from livestock, manure, fertilizer
or feed, 2) noise from livestock or farm equipment used in normal,
generally accepted farming procedures, 3) dust created during plowing
or cultivation operations, 4) use of chemicals, provided such chemicals
and the method of their application conform to practices approved
by the Connecticut Commissioner of Energy and Environmental Protection
or, where applicable, the Commissioner of Public Health, 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 Energy and Environmental Protection;
provided such agricultural or farming operation, place, establishment
or facility has been in operation for one year or more and has not
been substantially changed, and such operation follows generally accepted
agricultural practices. Inspection and approval of the agricultural
or farming operation, place, establishment, or facility by the Commissioner
of Agriculture or his designee shall be prima facie evidence that
such operation follows generally accepted agricultural practices.
The provisions of this article shall not apply whenever a nuisance
results from willful or reckless misconduct in the operation of any
such agricultural or farming operation, place, establishment or facility,
or any of its appurtenances.
