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DELAWARE CODE
TITLE 3. AGRICULTURE
PART II. REGULATORY PROVISIONS
CHAPTER 14. AGRICULTURE AND FORESTAL NUISANCES
§ 1401 Agricultural and forestal operations not considered nuisances; exception.
No agricultural or forestal operation within this State which has been in operation for
a period of more than 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. 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.
Reviewed by AAHS in June 2001.
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