CHAPTER 347

FORMERLY

SENATE BILL NO. 490

AN ACT TO AMEND TITLE 3, DELAWARE CODE RELATING TO AGRICULTURE AND FORESTAL OPERATIONS NOT BEING CONSIDERED NUISANCES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 3, Delaware Code, by establishing a new Chapter to be designated as Chapter 14 to read as follows:

"CHAPTER 14. AGRICULTURE AND FORESTAL NUISANCES

§1401. Agricultural and Forestal Operations not Nuisances

No agricultural or forestal operation within this State which has been in operation for a period of more than one (1) year shall be considered a nuisance, either public or private, as the result of a changed condition in or about the locality where such agricultural or forestal operation is located. The provisions of this Section shall not apply when the nuisance is determined to exist as the result of the negligent or improper operation of any agricultural or forestal operation or when such operation is being operated in violation of State or Federal law or any local or county ordinance."

Approved July 8, 1980.