Farm Nuisance Protection
Right to Farm
Whether established farms are shielded from nuisance lawsuits and from local ordinances that would restrict their operations.
How Farm Nuisance Protection Rules Differ by Place
Madison County, AL: Madison County Farm Nuisance Exemption
Few RestrictionsMadison County's junk-and-debris public nuisance law does not reach working farms. Ala. Code § 45-45-173.01(b) exempts farm buildings, farm equipment, and farm materials stored around…
Peoria, AZ: Peoria AZ Right-to-Farm Zoning Exemption
Few RestrictionsPeoria's Chapter 16 animal-keeping restrictions, covering noise, odor, swine bans, and mammal setback and headcount caps, carve out land properly zoned for agriculture. Section 16-10…
Washington County, AR: Washington County Right-to-Farm Policy
Few RestrictionsWashington County declares "the right to farm" to be official county policy under Code of Ordinances Section 1320.05(10), and folds the state's farm-nuisance protections into county…
Mobile, AL: Right-to-Farm Protection in Mobile, Alabama
Some RestrictionsMobile's R-A zoning code gives farmers in agricultural districts a right to farm free from restrictions imposed by neighboring residential or nonagricultural land uses.
Brentwood, CA: Brentwood Right to Farm Nuisance Shield
Some RestrictionsBrentwood's Right to Farm ordinance, Municipal Code Chapter 8.01, shields agricultural operations on the city's East County farmland from nuisance lawsuits and complaints filed by…
Delano, CA: Delano Right-to-Farm Buyer Notice
Some RestrictionsDelano Development Code §20.10.270.4 requires the Community Development Director to include a Right-to-Farm notice on any proposed land division that lies partly or wholly within or…
Farm Nuisance Protection Rules by State
Statewide law governs this topic in many states. Each entry links to that state's full page.
Alabama
Some RestrictionsAlabama Code Section 6-5-127 protects established farms from nuisance lawsuits when surrounding non-agricultural land use changes, supporting long-term agricultural operations.
Arizona
Some RestrictionsArizona's Right to Farm Act in ARS 3-112 protects established agricultural operations from nuisance suits when surrounding land use changes.
Arkansas
Some RestrictionsArkansas Code 2-4-101 et seq. shields farms and agricultural operations from nuisance lawsuits when operations existed before nearby non-farm land uses. The law protects established…
California
Some RestrictionsThe California Right to Farm Act under Civil Code 3482.5 protects established agricultural operations from nuisance lawsuits brought by neighbors who moved in after farming began. The…
Colorado
Some RestrictionsColorado's Right to Farm Act under CRS 35-3.5-102 shields agricultural operations from nuisance lawsuits when they follow generally accepted practices and predate complaints.
Connecticut
Some RestrictionsCGS Section 19a-341 shields agricultural operations from nuisance suits when conducted in accordance with generally accepted agricultural practices.
Delaware
Some RestrictionsDelaware shields agricultural operations from nuisance lawsuits under 3 Del.C. 1401, protecting farms operating consistently with generally accepted agricultural practices for at least…
Florida
Few RestrictionsFlorida Statute 823.14, the Florida Right to Farm Act, protects established bona fide farm operations from nuisance suits and local ordinances that would inhibit standard agricultural…
Georgia
Some RestrictionsGeorgia's Right to Farm Act in O.C.G.A. 41-1-7 protects established agricultural operations from nuisance lawsuits brought by neighbors and changing land uses.
Hawaii
Some RestrictionsHRS Chapter 165, Hawaii's Right to Farm Act, bars courts from declaring a farming operation a nuisance if it is conducted consistent with generally accepted agricultural and management…
Idaho
Few RestrictionsIdaho Code 22-4501 et seq., the Idaho Right to Farm Act, protects established agricultural operations from nuisance lawsuits brought by neighbors when surrounding land use changes…
Illinois
Heavy RestrictionsThe Farm Nuisance Suit Act shields established Illinois farms from nuisance lawsuits when the operation predates surrounding non-agricultural land uses by at least one year.
Iowa
Some RestrictionsIowa Code 657.11 protects qualifying animal feeding operations and farms from most nuisance suits unless plaintiffs prove specified statutory exceptions.
Kansas
Some RestrictionsKansas protects established agricultural operations from nuisance lawsuits brought after non-farm uses move into the surrounding area.
Kentucky
Some RestrictionsKentucky's Right to Farm law protects established agricultural operations from nuisance suits and conflicting local ordinances. Farms operating for at least one year and following…
Louisiana
Some RestrictionsLouisiana's Right to Farm Law shields established agricultural operations from nuisance lawsuits when they predate complaining neighbors and follow generally accepted agricultural…
Maine
Some RestrictionsMaine's Right to Farm framework in the Maine Agriculture Protection Act (7 MRS Chapter 6) shields established farm operations from nuisance suits and restrictive local ordinances when…
Massachusetts
Few RestrictionsMassachusetts protects farms from nuisance lawsuits under M.G.L. c. 243 § 6: a farm operating more than one year using generally accepted agricultural practices cannot be found a…
Michigan
Few RestrictionsThe Michigan Right to Farm Act (Act 93 of 1981, MCL §286.471 et seq.) provides nuisance protection for qualifying commercial farms following Generally Accepted Agricultural and…
Minnesota
Some RestrictionsMinnesota's Right to Farm law in Minn. Stat. 561.19 protects established agricultural operations from nuisance lawsuits when they have operated for at least two years and comply with…
Mississippi
Some RestrictionsMississippi's Right to Farm law at Miss. Code Section 95-3-29 protects established agricultural operations from nuisance lawsuits when surrounding land uses change after the operation…
Missouri
Heavy RestrictionsMissouri RSMo 537.295 shields established agricultural operations from most nuisance lawsuits, codifying a constitutional right to farm and limiting damages available against compliant…
Nebraska
Few RestrictionsNebraska's Right to Farm Act, Neb. Rev. Stat. 2-4401 to 2-4404, presumes that established farm and livestock operations are not nuisances if they were lawful when started and…
Nevada
Some RestrictionsNevada protects established agricultural operations from nuisance claims when farming activities pre-date conflicting non-agricultural land uses in the area.
New Hampshire
Some RestrictionsRSA 432:32 protects established New Hampshire farms from nuisance suits when operations follow generally accepted agricultural practices and predate complainants.
New Jersey
Some RestrictionsThe New Jersey Right to Farm Act (N.J.S.A. 4:1C-1 et seq.) shields eligible commercial farms from nuisance suits and preempts unreasonable municipal ordinances when farms follow…
New Mexico
Some RestrictionsNew Mexico's Right to Farm Act protects established agricultural operations from nuisance lawsuits when surrounding land uses change, provided operations follow generally accepted…
New York
Few RestrictionsNY Agriculture and Markets Law §301-309 protects sound agricultural practices in certified Agricultural Districts from local ordinances and private nuisance suits. The Commissioner…
North Carolina
Some RestrictionsNorth Carolina protects established agricultural and forestry operations from nuisance lawsuits under NCGS 106-701, the Right to Farm Act, with strict limits on plaintiff eligibility…
North Dakota
Some RestrictionsNorth Dakota Right to Farm law under NDCC 42-04 protects established agricultural operations from nuisance lawsuits when surrounding land uses change over time.
Ohio
Some RestrictionsOhio Revised Code Chapter 929 establishes Agricultural Districts that provide right-to-farm protections against nuisance suits and certain local regulations.
Oklahoma
Some RestrictionsOklahoma's Right to Farm Act protects established agricultural operations from nuisance lawsuits when surrounding land uses change, codified at 50 O.S. 1.1 and following sections.
Pennsylvania
Few RestrictionsPennsylvania's Right to Farm Act (Act 133 of 1982, 3 P.S. §951 et seq.) protects established agricultural operations from local nuisance lawsuits and overly restrictive municipal…
Rhode Island
Some RestrictionsRhode Island's Right to Farm Act under RIGL Chapter 2-23 protects qualifying agricultural operations from nuisance lawsuits and overly restrictive municipal ordinances when farms…
South Carolina
Some RestrictionsSouth Carolina protects established agricultural operations from nuisance lawsuits when surrounding land uses change under the Right to Farm Act.
Texas
Few RestrictionsThe Texas Right to Farm Act, Agriculture Code Chapter 251, protects established agricultural operations from nuisance lawsuits and local regulations after one year of operation. HB…
Utah
Some RestrictionsUtah Code 78B-6-1101 protects established agricultural operations from nuisance lawsuits when surrounding land uses change toward residential development.
Vermont
Some RestrictionsVermont's Right to Farm Act under 12 V.S.A. 5753 protects established agricultural operations from nuisance lawsuits when complying with Required Agricultural Practices.
West Virginia
Some RestrictionsThe West Virginia Right to Farm Act in W. Va. Code 19-19 protects established agricultural operations from nuisance lawsuits brought by neighbors.
Wisconsin
Some RestrictionsWisconsin Statute 823.08 protects established agricultural operations from nuisance lawsuits by neighbors, requiring courts to dismiss claims unless the farm substantially threatens…
Wyoming
Some RestrictionsWyoming's Right to Farm and Ranch Act, Wyo. Stat. §§ 11-44-101 through 11-44-104, shields farm and ranch operations from nuisance suits when the operation existed before a change in…
Cities & Counties with Farm Nuisance Protection Rules
108 locations