AN ACT TO AMEND TITLE 3 AND TITLE 10 OF THE DELAWARE CODE RELATING TO AGRICULTURAL OPERATIONS.

This Act strengthens Delaware’s existing Right to Farm laws by expanding protections for agricultural operations against nuisance lawsuits. Specifically, this Act removes the current requirement that an agricultural operation have existed for 1 year or more in order to benefit from statutory protections against nuisance suits. Under this Act, an agricultural operation cannot be deemed a nuisance as long as it is operating in accordance with all applicable local, state, and federal requirements and is not being conducted in a negligent or improper manner. This protection cannot be used against a federal, state, or local agency that is enforcing air, water quality, or other environmental standards under federal, state, or local law. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.