Protect New Mexico

Your source for environmental information at the NM legislature

SB 348: RIGHT TO FARM & OPERATIONS AS NUISANCE

An Act Relating To Agriculture; Amending The Right To Farm Act To Eliminate The One-year Waiting Period For A Changed Condition And To Limit The Application Of Local Government Ordinance Or Resolution That Makes An Agricultural Operation Or Facility A Nuisance Under Circumstances Set Forth In The Act.

LoadingAdd to My Bills

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):

Related Legislators

Bill Sponsor:

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.