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 provisions include the commissioner’s authority to regulate apiaries and manage honey bee pests, as well as the establishment of rules that preempt local ordinances regarding the placement and operation of managed bees and apiaries. The bill introduces new definitions for "agricultural residential land" and "urban agriculture," allowing for the cultivation of food and the keeping of domesticated chickens and bees in urban settings. Additionally, it emphasizes the protection of agricultural production from adverse uses and establishes that agricultural operations cannot be deemed a nuisance if they comply with applicable laws and have been in operation for over a year.

The bill also includes provisions that limit the ability of individuals and local governments to challenge agricultural operations, ensuring that complaints can only be made under specific conditions. It stipulates that agricultural operations are not considered nuisances if they adhere to commonly accepted practices and applicable regulations. Furthermore, the bill prohibits municipalities from imposing restrictions on urban agriculture or agricultural residential land, reinforcing the intent to promote agricultural activities and protect farmers' rights in West Virginia. Overall, the legislation seeks to bolster agricultural production and support the state's economy while safeguarding the interests of agricultural operators.

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