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

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

Key Facts

Protection
shields conforming farms from nuisance claims
Covers
noise, odors, dust, spraying, machinery
Time restrictions
barred under § 5.36.040
Adopted
Resolution 90-81, July 24, 1990
Applies to
unincorporated Chelan County only

Summary

Chelan County Code Chapter 5.36 shields any farm operation that follows accepted agricultural practices from being called a public or private nuisance. The protection covers noise, odors, dust, spraying, and machinery use, and it survives even after neighboring land changes hands or use around the farm changes.

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

A farm operation shall not be found to be a public or private nuisance if the farm or farm operation conforms to generally accepted agricultural and management practices.

Full Breakdown

010). 020, a farm operation conforming to generally accepted agricultural and management practices cannot be found to be a public or private nuisance. 030 extends that protection when a farm predates a change in land use or occupancy on adjacent or nearby land, so a newly arrived neighbor cannot use a nuisance claim to shut down an established operation. 040 bars any restriction on farm operations by time of day or day of the week, so long as the farm follows accepted practices. 050 recognizes that accepted practices vary with geography, weather, soil type, crop or livestock, and management systems, and protects operations conducted within that range of variation. 060). 070). 010(c).

Violations & Fines

Chapter 5.36 is a defense, not a prohibition: it gives a farm operation a shield against nuisance suits rather than creating a fine or criminal penalty of its own. A neighbor suing over noise, dust, spray drift or machinery noise from an established farm operating under generally accepted agricultural practices will have that nuisance claim barred under §§ 5.36.020 and 5.36.030, regardless of when the neighbor's own land use began.

Frequently Asked Questions

Can my neighbor sue a Chelan County farm for noise or odor?
Not if the farm follows generally accepted agricultural and management practices. Chelan County Code § 5.36.020 bars finding such a farm operation to be a public or private nuisance, and § 5.36.030 protects it even if the neighbor's land use changed after the farm was established.
Can the county limit what hours a farm can spray or run machinery?
No. Section 5.36.040 says farm operations cannot be restricted to a time of day or day of the week, as long as they are conducted according to generally accepted agricultural and management practices.
Does the right-to-farm law let farmers post warning signs for spraying?
Yes. Section 5.36.060 lets farmers post county-approved signs reading 'Caution Spraying In Progress' on county rights-of-way during spraying operations.

Sources & Official References

Other rules in Chelan County

All Chelan County rules

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