Kentucky law restricts how local governments may zone agricultural land. Counties and cities cannot use zoning to unreasonably interfere with bona fide agricultural operations, and certain farm uses are exempt from local zoning.
KRS 100.203 (planning and zoning) provides that no zoning regulation may prohibit agricultural use of land in any zone, and bona fide agricultural uses are largely exempt from local zoning except in limited circumstances such as urban-county or consolidated local governments. Combined with KRS 413.072 Right to Farm protections, local ordinances restricting livestock, crops, or accepted farming practices are sharply limited. Counties may regulate certain on-farm businesses such as agritourism through KRS 247.800 et seq. but must avoid unreasonable burdens on protected agricultural activities.
Local zoning rules that unreasonably restrict bona fide agricultural use are subject to challenge and may be declared invalid. Damages and attorney fees may be recoverable in nuisance suits brought against protected operations.
See how Burlington's agricultural zoning protection rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.