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<section number="30-103.02" name="Resolution of disputes and procedure for complaints; investigation and declaration" law="code" slug="sec-30-103.02" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_30AG_DIV1RIFA_S30-103.02REDIPRCOINDE">
  <level label="a">
    <text>Nuisances, which affect the public.</text>
    <level label="1">
      <text>Complaints. A person may complain to the Director, Department of Permitting, Inspections, and Enforcement or the Director's designee to declare that a nuisance exists, which affects the public.</text>
    </level>
    <level label="2">
      <text>Investigations. The Director, Department of Permitting, Inspections, and Enforcement or the Director's designee is authorized to investigate any complaint of nuisance received against an agricultural operation. When a previous complaint involving the same condition resulted in a determination by the Director that a nuisance condition did not exist, the Director is authorized to investigate the complaint.</text>
    </level>
    <level label="3">
      <text>Declaration of nuisance. If the Director, Department of Permitting, Inspections, and Enforcement or the Director's designee determines that a nuisance exists, the Director may declare the existence of a nuisance. In determining whether a nuisance condition exists in connection with an agricultural operation, the Director shall apply the criteria provided in this Section. Further, the Director may consider the professional opinion of the University of Maryland Extension Prince George's County, Prince George's Soil Conservation District or other qualified expert in the relevant field in determining whether the agricultural operation being investigated is conducted in accordance with accepted agricultural practices.</text>
    </level>
  </level>
  <level label="b">
    <text>Resolution of disputes regarding agricultural operations.</text>
    <level label="1">
      <text>Should any controversy arise regarding an interference with the use or enjoyment of property from agricultural operations conducted on agricultural land, the parties to that controversy shall submit the controversy to the Agricultural Reconciliation Committee.</text>
    </level>
    <level label="2">
      <text>Any such controversy may be submitted in writing to the Agricultural Reconciliation Committee within thirty (30) days of the alleged adverse impacts.</text>
    </level>
    <level label="3">
      <text>The Agricultural Reconciliation Committee will conduct its proceedings in an informal manner and the strict rules of evidence shall not apply. The Committee has the power but is not required hereunder to hold hearings, to compel testimony under oath, to subpoena witnesses, and to compel the production of documents. In each case, the Agricultural Reconciliation Committee shall issue orders settling or otherwise resolving controversy arising out of agricultural operations, including but not limited to the invasion of property and personal rights by agricultural operations conducted on agricultural land.</text>
    </level>
    <level label="4">
      <text>Orders of the Agricultural Reconciliation Committee shall be binding on the parties as a matter of law, but their enforcement shall be suspended by operation of law if, within 30 days of the date of the Committee's judgment, a party appeals such order to the Circuit Court for Prince George's County.</text>
    </level>
  </level>
</section>
