Colorado'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.
The Colorado Right to Farm Act, codified at CRS 35-3.5-102, protects ranches, farms, and other agricultural operations from nuisance claims when they have been in operation for at least one year, comply with applicable laws, and use generally accepted agricultural practices. The protection extends to noise, dust, odors, smoke, and lights normally associated with farming. Subsequent residential development next to existing operations does not create a nuisance claim under the law. Counties must include right-to-farm disclosures in real estate transactions in many areas. Operations that change substantially may lose protection.
Right-to-farm protection is a defense rather than a penalty, but improper claims may result in dismissal of nuisance suits and award of attorney fees to farmers.
Boulder, CO
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Boulder, CO
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Boulder, CO
Boulder explicitly carves out holiday and seasonal displays from its Outdoor Lighting Ordinance. BRC 9-9-16 (Light Output) restricts lamps and bulbs visible ...
Boulder, CO
An outdoor kitchen in Boulder typically requires a building permit when it exceeds 200 sq ft, includes a roof or pergola, or is attached to the house. Gas li...
Boulder, CO
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Boulder, CO
Boulder adopts the International Fire Code under Boulder Revised Code Title 10 Chapter 8 (Fire Code). IFC Section 308.1.4 prohibits charcoal burners, gas gri...
See how Boulder's farm nuisance protection rules stack up against other locations.
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