TOWN OF EAST WINDSOR
The following ordinance was adopted at a special Town Meeting duly warned and held on November 1, 2011.
“Right to Farm Ordinance”
Section I: Purpose and Intent:
Agriculture plays a significant role in East Windsor’s heritage and future. The Town officially recognizes the importance of farming to its rural quality of life, heritage, public health, scenic vistas, tax base, wetlands and wildlife, and local economy. This Right to Farm Ordinance encourages the pursuit of agriculture, promotes agriculture-based economic opportunities, and protects farmland within East Windsor by allowing agricultural uses and related activities to function with minimal conflict with abutters and Town agencies.
It is the declared policy of the Town of East Windsor to conserve, protect and encourage the maintenance and improvement of agricultural land for the production of food and other agricultural products and for its natural and ecological value. It is hereby further determined that whatever impact may be caused to others through generally accepted agricultural practices, such impact is offset and ameliorated by the benefits of farming to the neighborhood, community and society in general.
Section II: Definitions:
The terms “agriculture” and “farming” shall have all those meanings set forth in Section 1-1(q) of the Connecticut General Statutes, as amended.
Section III: Right to Farm:
The Right to Farm is hereby recognized to exist within the Town of East Windsor. No present or future agricultural operation conducted or maintained in a manner consistent with accepted agricultural practices, which is engaged in the act of farming as described in this ordinance shall become or be considered, a nuisance solely because such activity resulted or results in any changed condition of the use of adjacent land. Agricultural operations may occur any day or night provided such activities do not violate applicable health, safety, fire, zoning, wetlands, life safety, environmental or building codes and regulations and shall include, without limitation:
- The incidental noise from livestock or farm equipment used in generally acceptable farming practices:
- Odors from livestock, manure, fertilizer or feed;
- Dust and fumes associated with normally accepted farming practices;
- The use of agricultural chemicals provided such chemicals and the method of their application conform to practices approved by the State of Connecticut; and,
- Irrigation and water management associated with accepted farming practices.
Inspection and approval of the agricultural or farming operation, place, establishment or facility by the Commission of Agriculture or his/her designee shall be prima facie evidence (on it’s face evidence) that such operations follow generally accepted agricultural practices. Nothing contained in this ordinance shall restrict the powers of East Windsor’s Inland Wetlands Commission, Planning and Zoning Commission, Building or Health Departments under Connecticut General Statutes.
The foregoing shall become effective fifteen (15) days after the publication thereof in a media having circulation in East Windsor.
Ord. 11-03 Attest: _____________________________
Journal Inquirer Joanne M. Slater, CCTC
November 14, 2011 Town Clerk of East Windsor