(a) No agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, if such operations are conducted in accordance with existing best management practices and comply with existing laws and regulations of the Territory. The provisions of this section do not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or its appurtenances, or where, because of close proximity to residential uses and increased intensity of use, such operation or appurtenances is shown to have an adverse effect on the health, safety and general welfare of citizens in the area.
(b) For the purposes of this chapter, “agricultural operation” means any operation devoted to the bona fide production of crops, or animals, or fowl, including but not limited to the production of fruits and vegetables of all kinds, meat, dairy, and poultry products, nuts, nursery and floral products and the production and harvest of products from silviculture activity.
(c) The provisions of subsection (a) do not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries or damages sustained by any of them on account of any pollution of, or change in condition of, the waters of any stream or on the account of any overflow of lands of any such person, firm, or corporation.
(d) Any and all ordinances of any unit of local government now in effect or hereafter adopted which would make the operation of any such agricultural operation or its appurtenances a nuisance or providing for abatement thereof as a nuisance in the circumstance set forth in this section are and shall be null; however, the provisions of this section do not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation or any of its appurtenances, or where, because of close proximity to residential uses and increased intensity of use, such operation or appurtenances is shown to have an adverse effect on the health, safety and general welfare of citizens in the area.