LD 1064
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LR 455
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conditions or nature of the farm operation after a change in
the land use or occupancy of land within one mile of the
boundaries of the farm. Nothing in this paragraph affects the
applicability of any of the other provisions of this section.

 
3-A. Violation of municipal ordinances. A method of
operation used by a farm or farm operation located in an area
where agricultural activities are permitted may not be considered
a violation of a municipal ordinance if the method of operation
constitutes a best management practice as determined by the
Department of Agriculture, Food and Rural Resources.

 
4. Application; municipal ordinances. This section does not
affect the application of state and federal laws. After the
effective date of this subsection, a municipality must provide
the Commissioner of Agriculture, Food and Rural Resources with a
copy of any proposed ordinance that impacts farm operations. The
clerk of the municipality or a municipal official designated by
the clerk shall submit a copy of the proposed ordinance to the
commissioner at least 90 days prior to the meeting of the
legislative body or public hearing at which adoption of the
ordinance will be considered. The commissioner shall review the
proposed ordinance and advise the municipality if the proposed
ordinance would restrict or prohibit the use of best management
practices. This subsection does not affect municipal authority
to enact ordinances.

 
5. Complaint resolution. The commissioner shall investigate
all complaints involving a farm or, farm operation or
agricultural composting operation, including, but not limited to,
complaints involving the use of waste products, ground
groundwater and surface water pollution and insect infestations.
In cases of insect infestations not arising from agricultural
activities, when the State Entomologist believes that the
infestation is a public nuisance and is able to identify the
source or sources of the infestation, the commissioner shall
refer the matter to the Department of the Attorney General. If
the commissioner finds upon investigation that the person
responsible for the farm or, farm operation or agricultural
composting operation is using best management practices, the
commissioner shall notify that person and the complainant of this
finding in writing. Notwithstanding subsection 2-A, paragraph C,
if the commissioner identifies the source or sources of the
problem and finds that the problem is caused by the use of other
than best management practices, the commissioner shall:

 
A. Determine the changes needed in the farm or, farm
operation or agricultural composting operation to comply
with best management practices and prescribe site specific


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