This bill aims to amend and clarify the Right to Farm Act in West Virginia, specifically addressing residential agricultural operations and the protection of agriculture. Key changes include the introduction of definitions for "agricultural residential land" and "urban agriculture," which allow for the cultivation of food on residentially zoned land and the keeping of small livestock, such as chickens, within municipalities. The bill also emphasizes the importance of protecting agricultural lands from adverse uses and establishes that agricultural operations, including those on residential agricultural land, are not considered nuisances if they comply with applicable laws and have been in operation for over a year.

Additionally, the bill grants the commissioner of agriculture expanded powers, including the authority to regulate apiaries and to preempt local ordinances regarding the management of bees and agricultural operations. It also stipulates that any legal challenges to local regulations that conflict with the commissioner’s authority will result in the awarding of costs and attorney fees to the challenger. The bill reinforces the notion that agricultural operations should be preserved and protected, thereby promoting the agricultural economy and the health of West Virginians.

Statutes affected:
Introduced Version: 19-13-3, 19-19-1, 19-19-2, 19-19-4, 19-19-7