Changes to Existing Law

If an action pursuant to § 21-10-1 is brought against a farm an agricultural operation existing that has been in existence continuously, prior to such the action, and which is located within one mile of the boundaries of the land use or occupancy of the plaintiff, and if the court finds there was no reasonable ground or cause for said the action, the costs may be assessed to such the plaintiff.

No agricultural operation or any of its appurtenances may be deemed to be a nuisance, private or public, by any changed conditions in the locality of the operation or its appurtenances, after the facility has been in operationoperation has been in existence for more than one year, if the facility operation was not a nuisance at the time the operation began. Any agricultural operation protected pursuant to the provisions of this section may reasonably expand its operation in terms of acres or animal units, without losing its protected status, if all county, municipal local, state, and federal environmental codes, laws, or and regulations are met by the agricultural operation. The protected status of an agricultural operation, once acquired, is assignable, alienable, and inheritable. The protected status of an agricultural operation, once acquired, may not be waived by the temporary cessation of farming or, by diminishing the size of the operation, or by a change in the type of feeding operation or crop produced. The provisions of this This section do does not apply if a nuisance results from the negligent or improper operation of any such an agricultural operation or its appurtenances. 25

As used in §§ 21-10-25.1 to 21-10-25.6, inclusivethis chapter, the term ", agricultural operation and its appurtenances", includes any facility or appurtenance used in the production or commercial processing for commercial purposes of crops, timber, livestock, swine, poultry, livestock products, swine products, or poultry products, or in any agrotourism activity as defined in § 20-9-12.