The purpose of this chapter is to promote the continued viability of agricultural activities and forest practices within Thurston County and to protect such activities and practices from nuisance lawsuits, consistent with state law. Such lawsuits encourage and may even force the premature removal of lands from agricultural uses and timber production. With this chapter, the county is further recognizing existing Washington state nuisance protection laws (RCW 7.48.300 through 7.48.310) and any subsequent amendment of such laws.

(Ord. 11398 § 3 (part), 1997: Ord. 10398 § 17 (part), 1993)

1.

Notwithstanding any other provision of this title, agricultural activities conducted on farmland and forest practices, if consistent with good agricultural and forest practices and established prior to surrounding nonagricultural and nonforestry activities, are presumed to be reasonable and do not constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety, including but not limited to groundwater supplies.

2.

If those agricultural activities and forest practices are undertaken in conformity with all applicable laws and rules, the activities are presumed to be good agricultural and forest practices not adversely affecting the public health and safety.

3.

This chapter does not limit the authority of any private individual or governmental entity to bring a public nuisance action.

(Ord. 11398 § 3 (part), 1997: Ord. 10398 § 17 (part), 1993)