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Washington County, MD Right to Farm: Agricultural Zoning Protection (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Core protection
Bars nuisance suits vs. compliant farms
Required standard
Generally Accepted Agricultural Management Practices
Before suing
Must get final WCARB decision first
Board size
5 members, county-appointed
Governing section
Right to Farm Ordinance § 301
Adopted
Public hearing Sept. 30, 2003

Summary

Washington County, Maryland's Right to Farm Ordinance bars nuisance and trespass lawsuits against a farm on Agricultural Land as long as it follows Generally Accepted Agricultural Management Practices. Under Section 301, a neighbor cannot even file suit over noise, odor, dust or similar farm impacts until the Agricultural Reconciliation Board issues a final decision on the dispute.

These county ordinances apply to unincorporated areas of Washington County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a) Private action. A private action may not be sustained with respect to an Agricultural Operation conducted on Agricultural Land on the grounds that the Agricultural Operation interferes or has interfered with the use or enjoyment of real property, whether public or private, if the Agricultural Operation was, at the time the interference is alleged to arise, conducted in accordance with Generally Accepted Agricultural Management Practices. (b) Final judgment of Board needed. Notwithstanding any provision of this section, no action alleging that an Agricultural Operation has interfered with the reasonable use or enjoyment of real property or personal well-being shall be maintained if the plaintiff has not sought and obtained a final decision of the Agricultural Reconciliation Board, as defined in Article 4 herein.

Full Breakdown

The Right to Farm Ordinance for Washington County, Maryland, adopted after a September 30, 2003 public hearing under the authority of Public Local Laws Section 1-1101, aims to reduce nuisance and trespass suits against agricultural operations facing encroaching non-farm neighbors. Article 2 defines "Agricultural Land" broadly: any real property in an agricultural zoning district, any land carried as agricultural on the state assessment rolls, or any parcel used continuously as an Agricultural Operation for at least one year. "Agricultural Operation" itself sweeps in crop and livestock production, dairying, spreading of manure and fertilizer, composting, apiculture, aquaculture, equine operations, agro-tourism, and even 4-H and Future Farmers of America activities.

The core protection is Section 301's two-part bar. First, a private nuisance, trespass, or interference action cannot be sustained against an Agricultural Operation on Agricultural Land if the operation was conducted, at the time of the alleged interference, in accordance with Generally Accepted Agricultural Management Practices, a standard the Ordinance defines by reference to methods recognized by agencies such as the Maryland Cooperative Extension and the Washington County Soil Conservation District. Second, and independently, no such lawsuit may proceed at all unless the complaining party has first sought and obtained a final decision from the Washington County Agricultural Reconciliation Board (WCARB), a five-member board the Ordinance creates under Article 4 and appoints through the Board of County Commissioners to arbitrate and mediate farm nuisance disputes before they reach a courtroom.

Article 1 makes clear the Ordinance does not override zoning, health, safety, environmental or licensing law; it only reshapes how a nuisance claim against a compliant farm can be brought.

Violations & Fines

This Ordinance does not create a fine or misdemeanor; instead Section 301(b) makes exhaustion mandatory: a neighbor who sues over farm noise, odor, dust or similar impacts without first obtaining a final WCARB decision cannot maintain the action, and a court can dismiss it outright. A farm found not to be following Generally Accepted Agricultural Management Practices loses the Section 301(a) defense and remains exposed to a nuisance claim.

Frequently Asked Questions

Can I sue my Washington County farm neighbor over noise or odor?
Not directly. Section 301 of the Right to Farm Ordinance bars a nuisance or trespass suit against an Agricultural Operation on Agricultural Land if it follows Generally Accepted Agricultural Management Practices, and you must first get a final decision from the Agricultural Reconciliation Board before any court case can proceed.
What counts as 'Agricultural Land' under the Right to Farm Ordinance?
Any property in an agricultural zoning district, any land carried as agricultural on the state assessment rolls, or any parcel that has been used as an Agricultural Operation continuously for at least one year, as defined in Article 2 of the Ordinance.
What is the Agricultural Reconciliation Board?
A five-member board created by Article 4 of the Ordinance and appointed by the Washington County Board of County Commissioners to arbitrate and mediate disputes over whether a farm's practices are Generally Accepted Agricultural Management Practices, issuing the final decision a neighbor must obtain before suing.

Sources & Official References

Other rules in Washington County

All Washington County rules

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