VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact § 15.2-2288 of the Code of Virginia,
relating to special use permit for storage or disposal of certain
non-agricultural waste.
[H 1076]
Approved
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2288 of the Code of Virginia is
amended and reenacted as follows:
§ 15.2-2288. Localities may not require a special use
permit for certain agricultural activities.
A zoning ordinance shall not require that a special exception
or special use permit be obtained for any production agriculture or
silviculture activity in an area that is zoned as an agricultural district or
classification. For the purposes of this section, production agriculture and
silviculture is the bona fide production or harvesting of agricultural or
silviculture products but shall not include the processing of agricultural or
silviculture products or, the above ground application or storage
of sewage sludge, or the storage or disposal
of non-agricultural excavation material, waste
and debris if the excavation material,
waste and debris are not generated on
the farm, subject to the provisions of
the Virginia Waste Management Act. However,
localities may adopt setback requirements, minimum area requirements and other
requirements that apply to land used for agriculture or silviculture activity
within the locality that is zoned as an agricultural district or
classification. Nothing herein shall require agencies
of the Commonwealth or its contractors
to obtain a special exception or a
special use permit under this section.
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