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HB 2454

Relating to clarifying the Right to Farm Act relating to residential agricultural operations and the protection of agriculture

2025 Regular Session Introduced by Geno Chiarelli and 8 co-sponsors

House Bill 2454 strengthens the Right to Farm Act, protecting farmers from nuisance claims and promoting urban agriculture in West Virginia residential areas.

To House Agriculture, Commerce and Tourism
#agriculture
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Bill Summary · HB 2454

Summary of House Bill 2454

Bill Overview

  • Bill Number: HB 2454
  • Title: Relating to clarifying the Right to Farm Act relating to residential agricultural operations and the protection of agriculture
  • Introduced: February 17, 2025
  • Current Status: Referred to the House Agriculture, Commerce and Tourism Committee
  • Classification: Bill
  • Subject: Agriculture

Purpose and Intent

House Bill 2454 aims to clarify and strengthen the Right to Farm Act in West Virginia, particularly concerning residential agricultural operations. The bill seeks to protect agricultural practices from encroachment by non-agricultural uses and to ensure that agricultural operations are not deemed nuisances under certain conditions. This legislation is intended to support the agricultural community and promote the sustainability of farming practices within residential areas.

Key Provisions

The bill proposes amendments to several sections of the West Virginia Code, specifically:

1. Definitions and Scope

  • Agricultural Land: Defined as land used for the production of food, fiber, or woodland products valued at $1,000 or more annually.
  • Agricultural Residential Land: Land zoned for residential use that is utilized for urban agriculture, including the production of food for personal consumption or sale.
  • Urban Agriculture: Allows for the keeping of up to six domesticated chicken hens or an apiary within urban areas for personal use or sale of non-hazardous foods.

2. Protection Against Nuisance Claims

  • The bill establishes that agricultural operations on agricultural or agricultural residential land cannot be considered adverse to neighboring land uses.
  • Legal actions against agricultural operations can only be maintained if the complainant's land use predates the agricultural operation and can demonstrate clear and convincing evidence of actual physical damage.

3. Limitations on Nuisance Actions

  • Nuisance claims against agricultural operations are restricted to property owners within a half-mile radius who can demonstrate that the agricultural operation has materially violated applicable laws.
  • Agricultural operations that have been in continuous operation for over one year cannot be deemed a nuisance due to changes in surrounding conditions.

4. Commissioner's Authority

  • The bill grants the commissioner the authority to regulate bee keeping and apiary operations, including the ability to seize infected bees and equipment.
  • The commissioner can also propose rules for the effective management of apiaries and cooperate with various governmental agencies.

Impact

  • Agricultural Community: The bill is expected to bolster the rights of farmers and agricultural operators, providing them with legal protections against nuisance claims and ensuring the viability of agricultural practices in residential areas.
  • Urban Residents: Individuals engaging in urban agriculture will benefit from clearer guidelines and protections, promoting local food production.
  • Legal Landscape: The bill may reduce the number of nuisance lawsuits against agricultural operations, thereby fostering a more favorable environment for farming activities.

Procedural Timeline

  • February 17, 2025: Bill filed for introduction and referred to the House Government Organization Committee.
  • February 17, 2025: Introduced in the House and subsequently referred to the House Agriculture, Commerce and Tourism Committee.

This summary provides an overview of House Bill 2454, highlighting its purpose, key provisions, and potential impacts on the agricultural landscape in West Virginia.

Compiled from official sources — confirm details with the bill’s official record.

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