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fense team had been unable to find that but there are “repeated references to the necessity for local determination.” He said that state statutes and regulations also call for local involvement in the process.
Mr. Gilliam said, a law passed in the most recent session of the General Assembly, that does not take effect until April 1, 1995, known as the “right to farm” law precludes localities from interfering with the production of agricultural products in agriculturally zoned land but specifically removes the above ground application of sewage sludge and processing of agricultural products from areas local governments are not allowed to regulate in zoning ordinances.
Judge Robinson asked him, since the law is not yet in effect, if he was claiming that the new law “clarifies what the law has been all the time.”
Mr. Gilliam said the thrust of the law is that the General Assembly does “not want local governments to put undue restrictions on agriculture in agricultural zones, but they included this language.” He said there is no indication the local government does not have the power to regulate “these sorts of activities.”
“Our position is the board has
See Suit, Page A-8
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