§ 30-103. Limitation of Actions.

(a)

A private action may not be sustained with respect to an agricultural or forestry operation conducted on agricultural land on the grounds that the agricultural or forestry operation interferes or has interfered with the use or enjoyment or property, whether public or private, if:

(1)

The agricultural or forestry operation, including any change in the operation, has been under way for a period of one year or more and if the operation or the change did not constitute a nuisance from the date the operation or change in the operation began; and

(2)

The agricultural or forestry operation is conducted substantially in accordance with generally accepted agricultural or forestry practices.

(b)

Notwithstanding any provision of this section, no action alleging that an agricultural or forestry operation has interfered with the reasonable use or enjoyment of real property or personal well-being shall be maintained if the plaintiff has not sought resolution through Agricultural Reconciliation Committee, as defined in Sec. 30-103.01 herein.

(CB-80-1984; CB-6-2012)