Iowa Code 657.11 grants animal feeding operations broad immunity from public and private nuisance suits, including noise and odor claims, preempting local ordinances that would otherwise treat compliant agricultural noise as actionable.
Section 657.11 declares that an animal feeding operation shall not be found to be a public or private nuisance and shall not be found to interfere with another person's comfortable use and enjoyment of life or property. Immunity is lost only when a plaintiff proves the operation violated a federal or state statute, or unreasonably interfered for substantial periods AND failed to use existing prudent generally accepted management practices. The Iowa Supreme Court upheld the statute against constitutional challenge in 2022. The protection caps damages and applies regardless of whether a city or county ordinance defines the same conduct as a nuisance.
Plaintiffs who sue a qualifying animal feeding operation without proving statutory or regulatory violations or both unreasonable interference and failure to use prudent practices may have claims dismissed and pay defendant's costs.
See how Cedar Falls's industrial noise rules stack up against other locations.
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