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Benton County, OR Right to Farm: Farm Nuisance Protection (2026)

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

Key Facts

Ordinance name
Farm Practice Ordinance (BCC Chapter 30)
State law referenced
ORS 30.930-30.947
Review body
5-member Peer Review Board of local farmers
Meeting deadline
Convened within 2 weeks of Board appointment
Never protected
Diseased stock, unsafe facilities, animal trespass

Summary

Benton County Code Chapter 30, the Farm Practice Ordinance, channels nuisance complaints against generally accepted farm practices through a Peer Review Board instead of straight to code enforcement. A 5-member board of local farmers, chaired by an OSU Extension-linked Designee, decides whether the practice a neighbor is complaining about is protected under ORS 30.930-30.947.

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

(6)"Protected Farm Activity" means any current or future generally accepted farming practice or facility that is conducted or operated in compliance with applicable federal, state or local statutes, regulations or ordinances. The term "protected farm activity" does not include:(a)The growing of infested, infected, or diseases crops, poultry or livestock.(b)The physical condition of facilities that endanger public health or safety.(c)A trespass that involves an actual physical invasion of the property of another by a person or by another person's animals. ... (2)The responding department shall:(a)Document the complaint;(b)Determine whether the activity in question is protected by ORS 30.930-30.947. If such a determination cannot be made, contact the Designee for consideration by the Peer Review Board.

Full Breakdown

Adopted by Ord. 2000-0159 and known as the Farm Practice Ordinance, BCC Chapter 30 exists because generally accepted farm practices can offend, annoy, or interfere with non-farm neighbors, exposing farm operators to lawsuits and complaints. 015(6) defines a 'Protected Farm Activity' as any generally accepted farming practice or facility operated in compliance with applicable federal, state, or local rules, and then carves out three things that are never protected: growing infested, infected, or diseased crops, poultry, or livestock; facility conditions that endanger public health or safety; and trespass involving an actual physical invasion of another's property by a person or the farm's animals.

947. If that call cannot be made administratively, the department contacts a Designee, drawn from OSU Extension agents or similar field consultants, who chairs a 5-person Peer Review Board of local farmers appointed by the Board of Commissioners. At least 3 board members must work in the same type of farming as the dispute where possible, and the Designee must convene the board within 2 weeks of the Commissioners' appointments. The board's finding goes back to the referring department, which relies on it in deciding what action, if any, to take against the complained-of farm activity.

Violations & Fines

There is no separate Chapter 30 penalty; instead, a finding that a practice is NOT protected sends the underlying complaint back to whatever county process actually governs it, such as nuisance abatement or Chapter 31 code enforcement, with its own notice and fine structure. A farm practice found to fall within the three unprotected categories in § 30.015(6), diseased stock, unsafe facility conditions, or trespass, receives no shield from the ordinance and can be pursued as an ordinary nuisance or ordinance violation.

Frequently Asked Questions

My neighbor's farm is noisy and smells; can Benton County make them stop?
Not if it's a generally accepted farm practice. BCC Chapter 30 sends your complaint to the responding county department, which documents it and, if the activity's protected status is unclear, refers it to a Designee and a 5-person Peer Review Board of local farmers who decide whether the practice is protected under ORS 30.930-30.947.
What farm activities are NOT protected from nuisance complaints?
BCC § 30.015(6) excludes three things from 'protected farm activity': growing infested, infected, or diseased crops, poultry, or livestock; facility conditions that endanger public health or safety; and trespass involving an actual physical invasion by a person or the farm's animals onto another's property.
Who decides if a farm practice is 'generally accepted' in Benton County?
A Peer Review Board of 5 people actively involved in farm production in the county, at least 3 from the same type of farming as the dispute where possible, chaired by a Designee such as an OSU Extension agent. The Designee convenes the board within 2 weeks of the Board of Commissioners' appointments per § 30.030.

Sources & Official References

Other rules in Benton County

All Benton County rules

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