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

48 RCW. 020, the chapter reaches only the unincorporated areas of Benton County, so a farm operating inside Kennewick, Richland, West Richland or Prosser falls under that city's own code, not this chapter. 030 finds that farmland and forest practices in urbanizing areas are often hit with nuisance suits that force farmland out of production, and states the chapter's purpose as protecting those operations. 040: an agricultural activity or forest practice conducted on farmland, if consistent with good agricultural practices and established before the surrounding nonagricultural or nonforestry uses moved in, is presumed reasonable and cannot be found a nuisance unless it has a substantial adverse effect on public health and safety.

040, and a conforming activity cannot be restricted to particular hours or days. 050 defines the covered conduct broadly: roadside stands and farm markets, noise, odors, dust, fumes, operation of machinery and irrigation pumps, use of county road ditches and water for agricultural purposes, aerial and ground application of seed, fertilizer and plant protection products, labor use, roadway movement of equipment and livestock, wildlife damage protection, trespass prevention, and construction or maintenance of buildings, fences, roads, bridges, ponds and drains.