The Town Board of the Town of Southold finds that farming is an essential activity within the Town of Southold. Farmers provide fresh food, clean air, economic diversity and aesthetic open spaces to all the citizens of our Town. In addition, land in agricultural uses requires less tax dollars for services than does land with residential or commercial development. Accordingly, farmers shall have the right to farm in Southold without undue interference from adjacent landowners or users. For the purpose of reducing future conflicts between people residing on tracts adjacent to farmlands and farmers, it is necessary to establish and give notice of the nature of the farming activities to future neighbors of farmland and farming activities.

Agricultural activities conducted on farmland, undertaken in compliance with applicable federal, state, county and Town laws, rules and regulations, are presumed to be good agricultural practices and presumed not to adversely affect the public health safety and welfare. We find that whatever nuisance may be caused to others by such uses and activities, so conducted, is more than offset by the benefits from farming to the community. Therefore, all such activities shall be protected farm practices within the Town of Southold.

Farmers shall have the right to undertake protected farm practices in the active pursuit of agricultural operations, including, but not limited to: clearing; grading; plowing; aerial and ground spraying; the use of legal agricultural chemicals (including herbicides, pesticides and fertilizers); raising horses, poultry, small livestock and cattle; processing and marketing produce; installing water and soil conservation facilities; utilizing farm crop protection devices; designing and constructing and using farm structures, including barns, stables, paddocks, fences, greenhouses and pump houses; using water; pumping; spraying; pruning and harvesting; disposing of organic wastes on the farm; extensive use of farm laborers; training and others in the use and care of farm equipment, animals; traveling local roads in properly marked vehicles; and providing local farm produce markets near farming areas.

These activities can and do generate dust, smoke, noise, vibration and odor. These activities may occur on holidays, Sundays and weekends, at night and in the day. Such activities are presumed to be reasonable. Such activities do not constitute a nuisance unless the activity has a substantial adverse effect on the public health, safety and welfare.

The Town Planning Board, the Town Board and the Zoning Board of Appeals shall require, as part of any approval of any development immediately adjacent to or within 500 feet of any parcel of at least five acres in size, which, at the time of such approval, is in active agricultural use, that a notice of protected farm practices be given to all purchasers of such developed property.

The notice of protected farm practices shall be included in permanent covenants and restrictions which shall run with the land on each parcel when such parcel is subdivided or developed.

If, in any development, it is the intent to make the common or green space available for agriculture, the notice of protected farm practices shall be included in permanent covenants and restrictions.