§165-2  Definitions.  As used in thischapter, unless the context otherwise requires:

"Farming operation" means acommercial agricultural, silvicultural, or aquacultural facility or pursuitconducted, in whole or in part, including the care and production of livestockand livestock products, poultry and poultry products, apiary products, andplant and animal production for nonfood uses; the planting, cultivating,harvesting, and processing of crops; and the farming or ranching of any plantor animal species in a controlled salt, brackish, or freshwater environment. "Farming operation" also includes but shall not be limited to:

(1)  Marketed produce at roadside stands or farmmarkets;

(2)  Noises, odors, dust, and fumes emanating from acommercial agricultural or an aquacultural facility or pursuit;

(3)  Operation of machinery and irrigation pumps;

(4)  Ground and aerial seeding and spraying;

(5)  The application of chemical fertilizers,conditioners, insecticides, pesticides, and herbicides; and

(6)  The employment and use of labor.

A farming operation that conducts processingoperations or salt, brackish, or freshwater aquaculture operations on land thatis zoned for industrial, commercial, or other nonagricultural use shall not, byreason of that zoning, fall beyond the scope of this definition; provided thatthose processing operations form an integral part of operations that otherwisemeet the requirements of this definition.

"Nuisance" means any interferencewith reasonable use and enjoyment of land, including but not limited to smoke,odors, dust, noise, or vibration; provided that nothing in this chapter shallin any way restrict or impede the authority of the State to protect the publichealth, safety, and welfare.  "Nuisance" as used in this chapter,includes all claims that meet the requirements of this definition regardless ofwhether a complainant designates such claims as brought in nuisance,negligence, trespass, or any other area of law or equity; provided thatnuisance as used in this chapter does not include an alleged nuisance thatinvolves water pollution or flooding. [L 1982, c 256, pt of §1; am L 1986, c242, §2; am L 1993, c 162, §2; am L 2001, c 26, §1]