Bill > HB2454

This bill clarifies and expands the Right to Farm Act in West Virginia to protect agricultural operations, including urban and residential agricultural activities. The bill introduces new definitions for "agricultural residential land" and "urban agriculture," which specifically allow residents to keep up to six chickens or maintain apiaries in towns and cities for personal consumption or small-scale food production. The legislation strengthens protections for agricultural operations by making it more difficult to file nuisance lawsuits against farms, requiring complainants to prove actual physical damage and meet specific criteria. The bill explicitly preempts local ordinances that might restrict urban agriculture and apiaries, and provides that agricultural operations that have existed for more than a year cannot be considered a nuisance if they comply with state and federal laws. Additionally, the bill protects agricultural operations' ability to expand or change practices, transfer ownership, and introduce new technologies, as long as they remain in compliance with existing regulations. The underlying purpose is to support agricultural production, protect farmers from legal challenges, and promote the economic and nutritional benefits of agriculture in West Virginia.

Business and Industry, Government Affairs

http://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=2454&year=2025&sessiontype=RS&btype=bill