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Governor Signs Law to Protect Farmers, Communities
The governor has signed
bipartisan legislation that will enable farmers and townships to resolve
disputes over local ordinances without the cost of going to court, according to
Sen. Roger Madigan (R-Bradford), who strongly supported the law.
House Bill 1646 was signed
into law as Act 38. Madigan praised Governor Ed Rendell, Attorney General Tom
Corbett and the entire General Assembly for supporting the measure, which he
said is a “major step forward for the future of agriculture in Pennsylvania.”
“This new law will protect
farmers against illegal and discriminatory local ordinances and will enlist the
assistance of the Pennsylvania Attorney General to ensure that farmers are not
forced out of business because of those illegal ordinances,” Madigan said. “I’m
happy that Attorney General Corbett will be leading efforts to resolve disputes
without expensive litigation.”
In recent years many
townships have imposed ordinances that greatly restrict the ability to farm.
While farmers believed the ordinances were illegal, the cost to challenge them
in court was more than they could afford.
“Act 38 was the product of
negotiations between the farming community and townships. The measure preserves
the right to farm -- a source of income and pride for Pennsylvania farm families
and at the same time gives townships an opportunity to plan for growth and
development,” said Madigan. “As someone who cares deeply about the tradition
and future of farming in Pennsylvania, I’m pleased that we were able to reach
this important bipartisan compromise.”
The law also enables the
state Attorney General’s Office to determine which local ordinance disputes
between farmers and townships were serious enough to be challenged in court,
reducing the amount of farm litigation that costs taxpayers and farmers so much.
It requires all new or
expanded concentrated animal feeding operations to develop an odor management
plan. It also prohibits the spreading of manure within 100 feet of surface
water, unless a 35-foot vegetative buffer is established.
“Farmers will have to
continue to operate in environmentally sound ways, and legal ordinances that are
on the books will not have to be altered,” Madigan said. “In short, this measure
is fair for farmers without placing new restrictions on local governments.”
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