SB171 HFA Dillion 2-12 #1

cr 3338

Delegate Dillion moved to amend the bill on page 2, line 32, by striking subsections (b) and (c) and inserting in lieu thereof the following:

"(b) County commissions may not prohibit or restrict a citizen of West Virginia or agricultural business from engaging in the practice of agriculture as defined in §19-19-2 of this code on privately owned land or land leased for such agricultural operations.

(c) County commissions may not adopt an ordinance, rule, or regulation, or take other action, that prohibits the purchase, or alters the permissible use or application, of any federally or state-registered pesticide, herbicide, or insecticide product in the course of conducting an agricultural operation as defined in §19-19-2 of this code.

(d) No citizen or business shall engage in a primary or ancillary line of industrial business operation which coincides with an agricultural operation as defined in §19-19-2 of this code on the same parcel of land without first applying for and obtaining the necessary permits as outlined in applicable sections of this code and as well as all applicable county ordinances, rules, or actions. For purposes of this section, industrial business operations shall include all forms of electrical power generation for wholesale or retail purposes, chemical production or application as part of an added-value treatment or assembly process, or other industrial operation as outlined elsewhere in this code.";

And,

On page 3, line 4, by reinserting the stricken language, "used for farm purposes on land actually being used for farming".

Adopted

Rejected