A.   The right to farm all land is recognized to exist as a natural right and is also ordained to exist as a permitted use everywhere in the County except where expressly prohibited under this title, subject only to State Health and Sanitary Codes.

   B.   It is the declared policy of Lyon County to conserve and protect agricultural land, agricultural irrigation water rights and agricultural operations, and to encourage sustainable agricultural operations within the County. It is the purpose and intent of this chapter to reduce the loss to the County of its viable agricultural land by limiting circumstances under which agricultural operations may be considered a nuisance, consistent with Nevada Revised Statutes 40.140. (Ord. 603, 11-1-2018)

   A.   This chapter defines and limits cases in which agricultural operations may be perceived a nuisance. It includes a disclosure notice to prospective property buyers, notifying them that if the property they are purchasing is adjacent to agricultural land, they may be subjected to certain inconveniences associated with normal agricultural operations and that special setbacks may be required on the property.

   B.   The right to farm includes, but is not limited to, the right to engage in all of the "agricultural operations" defined in this chapter. This right to farm shall also include the right to use land for agricultural production and grazing by animals, in addition to agricultural products processing transportation sales and distribution and distribution. The foregoing uses and activities included in the right to farm, when necessary for the particular farming, livestock, fowl or crop production, and when conducted in accordance with generally accepted agricultural practices, may occur on holidays, Saturdays, Sundays and weekdays, twenty four (24) hours a day, and the traffic, noise, odors, dust, fumes and other disturbances that are caused by such activities are also specifically permitted as part of the exercise of this right. (Ord. 603, 11-1-2018)

   A.   No present or future agricultural operation or any of its appurtenances conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards of the agricultural industry on agricultural land or commercial land shall be deemed a nuisance, due to any changed condition of the use of adjacent land and water rights appropriated for that land in or about the locality thereof; provided, that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation and its appurtenances or if the agricultural activity or appurtenances obstruct the free passage or use in the customary manner of any navigable lake, stream, river, canal or basin or any public park, square, street or highway. Consistent with Nevada Revised Statutes 40.140(2), it is presumed that an agricultural activity which does not violate a Federal, State or local law, ordinance or regulation constitutes good agricultural practice consistent with proper and accepted customs and standards of the agricultural industry.

   B.   It is expressly found that whatever nuisance may be caused to others by such uses and activities so conducted is more than offset by the economic and social benefits from farming to the local and State economy, community aesthetics, and to society in general, by the preservation of open space, the beauty of the countryside and clean air, the provision for continual local economic growth and by the preservation and continuance of farming operations in this County and the State as a source of agricultural products for this and future generations.

   C.   As a condition of approval of any subdivision or parcel map of any land in Lyon County, the owners or developers of such land and their heirs, assigns and successors, shall agree to provide notice to any and all subsequent purchasers of the provisions of Nevada Revised Statutes 40.140 and this chapter. Such notice shall include a signed acknowledgment on all land development maps.

   D.   If a landowner or resident believes that an agricultural operation is not being conducted or maintained in a manner consistent with proper or accepted customs and standards of the agricultural industry, the landowner or resident may submit a complaint to the department using the procedures described in chapter 15 of this title. (Ord. 603, 11-1-2018)

   A.   Every seller of any real property in Lyon County, either directly or through his/her authorized agent shall provide to any prospective buyer a written disclosure statement advising the buyer of the existence of a right to farm ordinance enacted by Lyon County. Such disclosure statement shall contain or be accompanied by a copy of the ordinance codified herein or successor, and statement that intensive agricultural operations may be conducted on agricultural and other land within the County. The disclosure statement shall be substantially in the form promulgated by the Board, or their designee. The written disclosure statement shall include any agricultural setback requirements and water rights use restrictions applicable to the property. The buyer shall sign a copy of the written disclosure statement acknowledging receipt of the disclosure and accompanying documents and deliver the signed copy to the seller or his/her authorized agent. The seller or his/her authorized agent shall retain the copy of the disclosure statement executed by buyer in the escrow process.

   B.   The disclosure statement shall contain substantially the following language:

(Ord. 603, 11-1-2018)