3.21 Right to Farm Provisions

Wallsburg has areas that have traditionally been agriculture. The Town Board places a high value on the protection and preservation of agricultural land. At the discretion of the Town Staff, developments that border an agricultural area, contain within them an agricultural or irrigation right-of-way or easement, or will contain an agricultural open space or preservation, shall have additional requirements imposed upon the developer in the form of an analysis to be reviewed and implemented as part of the conditional use process or subdivision process. This impact analysis shall be used to determine the impact(s) on associated farming and/or livestock operations affected by the development, and implement mitigation and protection designs in the development to alleviate conflicts with the affected agricultural operations. The developer is responsible for the performance of the analysis with the input and review by the Town. The Planning Commission and developer shall use the following review guidelines or issues in determining the impact on farming operations of the development, and will apply appropriate conditions during the approval process to insure that the farm or ranch affected is assured a right to farm without undue burden of residential or commercial growth and complaints by neighbors. All rights to farm are preserved to the best ability of the Town, taking into consideration practical land use applications and private property rights and concerns. The following factors shall be used as guidelines or issues in the preparation and review of the agricultural impact analysis. Solutions may be developed as permit conditions and restrictive covenants or agreements: 1. Protection of irrigation access and maintenance of ditches and canals. 2. Safety and protection of the public from ditches, canals, ponds and drainage systems. 3. Livestock movement corridor protections and safety concerns. 4. Fencing safety (i.e. electrical, barb wire) and design. 5. Private property protection issues. 6. Hunting protection, access and livestock safety concerns. 7. Protection of farm equipment ingress and egress. 8. Erosion and soil protection and conservation concerns. 9. Drainage of the subdivision and designs to minimize the impact on agricultural lands and soils. 10. Noxious weeds, pests and pet (dog) controls in the subdivision. 11. Provisions, acknowledgments and understandings by new property owners (including hold harmless agreements if necessary) that farm work hours run late and begin early and that farm operations may contribute to noises and odors objectionable to some subdivision residents. 12. Screening provisions and landscaping designs to reduce noise or visual impacts. Any other provisions or concerns that the Planning Commission deems necessary to protect the rights to farm on adjoining or appurtenant properties. Developers shall be responsible to inform future residents that agriculture is common within the town and certain sites and smells may be present. These provisions are not in any way intended to relieve an agricultural landowner of appropriate responsibility.