Montgomery County, MD Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Triggers on
- property in, adjoining, or confronting ag zone
- Must happen
- before buyer signs the contract
- Immunity needs
- 1+ year operation, permits, non-negligent
- Enforcement
- Office of Consumer Protection
- Penalty
- Class A violation, up to $1,000
Summary
Montgomery County requires sellers near agricultural zones to disclose that Maryland law shields farms operating over a year from nuisance lawsuits, under County Code § 40-12B.
existing County and State law is intended to discourage owners of real property adjacent to agricultural-zoned land from filing certain lawsuits against an owner or operator of an agricultural use... Under Maryland law, an agricultural operation is not a nuisance, and a lawsuit may not be successful alleging that an agricultural operation interferes with the use or enjoyment of other property, if the agricultural operation: (1) has continued for at least 1 year; (2) complies with applicable health, environmental, zoning, and permit requirements; and (3) is not conducted negligently.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-90: Montgomery County Code contains legislation effective through May 7, 2026 | Zoning Updated Effective: April 13, 2026 | COMCOR Regulations effective as of July 1, 2026).
Full Breakdown
Sec. 40-12B requires sellers of property in, adjoining, or confronting an agricultural zone to give buyers a specific written disclosure before signing a contract: that Maryland and County law establish agriculture as the preferred use in these zones, and that under Maryland law an agricultural operation that has run at least a year, follows applicable permits, and isn't run negligently cannot be sued as a nuisance for its noise, odors, dust, or manure storage. The buyer must sign an addendum confirming receipt. The Office of Consumer Protection enforces the disclosure; the underlying nuisance immunity itself comes from state law.
Violations & Fines
Failing to disclose is a Class A violation enforced by the Office of Consumer Protection -- up to $1,000 criminal fine or a $500 civil penalty ($750 for repeat offenses).
Frequently Asked Questions
Does Montgomery County have its own right-to-farm law?
What happens if a seller skips the disclosure?
Sources & Official References
Other rules in Montgomery County
Compare Montgomery County to another location·View the Maryland right to farm overview
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