Orange County NC Website
(c ) The provisions of subsection ( a) shall not affect or defeat the right of <br /> any person, firm , or corporation to recover damages for any injuries or <br /> damages sustained by him on account of any pollution of, or change in <br /> condition of, the waters of any stream or on the account of any overflow of <br /> lands of any such person, firm , or corporation . <br /> ( d) Any and all ordinances of any unit of local government now in effect or <br /> hereafter adopted that would make the operation of any such agricultural or <br /> forestry operation or its appurtenances a nuisance or providing for abatement <br /> thereof as a nuisance in the circumstance set forth in this , section are and <br /> shall be null and void ; provided , however, that the provisions of this <br /> subsection shall not apply whenever a nuisance results from the negligent or <br /> improper operation of any such agricultural or forestry operation or any of <br /> its appurtenances . Provided further , that the provisions shall not apply <br /> whenever a nuisance results from an agricultural or forestry operation <br /> located within the corporate limits of any city at the time of enactment <br /> hereof. <br /> (e) This section shall not be construed to invalidate any contracts heretofore <br /> made but insofar as contracts are concerned, it is only applicable to contracts <br /> and agreements to be made in the future . <br /> ( 1979 , c . 202 , s . 1 ; 1991 (Reg . Sess . , 1992 ) , c . 892 , s . 1 ) <br />