MILD
SB 348
RIGHT TO FARM & OPERATIONS AS NUISANCE
- Legislative URL:
- SB 348 on nmlegis.gov
- Emergency Clause:
- No
- Germane:
- N/A
- Location:
- SCONC
- Action:
- [3] SCONC/SJC-SCONC API.
- Issue(s):
- General Interest
Related Legislators
- Bill Sponsor:
- Phil Griego
Related Documents
- Downloads:
-
Introduced
Fiscal Impact Report
Summary
This bill amends a Section 47-9-3 of the Right to Farm Act to remove two qualifiers to the section’s broad provision that:
- an agricultural operation or agricultural facility is not and shall not become a private or public nuisance by any changed condition if the operation was not a nuisance at the time the operation began, unless the operation or facility becomes a nuisance due to being operated negligently or illegally; and
- a local government ordinance or resolution that makes the operation of an agricultural operation or facility a nuisance or provides for abatement of it as a nuisance shall not apply.
This bill is similar but not identical to SB 307. That bill grandfathers in agricultural operations that existed prior to the date of a local ordinance. This bill makes the ordinance inapplicable regardless of when the operation was established.
A possible concern regarding this bill might be the added burden placed on local government by language that appears to make it difficult or impossible for the local government to declare any existing agricultural operation or facility a nuisance unless it is being operated negligently or illegally.