Idaho 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 after the farm began operating.
The Idaho Right to Farm Act, codified at Idaho Code 22-4501 through 22-4504, declares that agricultural operations operating for more than one year and not significantly expanded are not nuisances when surrounding non-agricultural land uses arise later. The statute protects against private nuisance claims for odors, dust, noise, smoke, vibrations, or other operational conditions inherent to farming. Protection applies if the operation conforms to generally accepted agricultural practices. Local governments cannot adopt ordinances declaring established agricultural operations to be nuisances. The statute does not protect operations that violate state environmental laws or operate negligently. Successful defendants in nuisance actions may recover attorney fees from plaintiffs. The Act covers crop production, dairies, feedlots, orchards, and animal husbandry.
Plaintiffs filing void nuisance claims may face attorney-fee awards. Local ordinances declaring farms a nuisance are preempted and unenforceable under Title 22.
Boise, ID
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Boise, ID
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Boise, ID
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Boise, ID
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Boise, ID
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Boise, ID
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See how Boise's farm nuisance protection rules stack up against other locations.
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