Cherokee County, SC Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Exemption
- Any noise emanating from an agricultural operation, § 15-65(8)
- Definition
- Production or raising for sale or personal use of crops, animals or fowl
- Farm vehicles
- Tractors and vehicles exempt from state registration are exempt
- Livestock transport
- Motor vehicles transporting poultry or livestock are exempt
- Hunting
- Noise from animals or guns used in hunting and target practice is exempt
Summary
In unincorporated Cherokee County, South Carolina, Cherokee County Code § 15-65(8) says the noise article does not apply to any noise emanating from an agricultural operation, defined as the production or raising for sale or personal use of crops or animals or fowl. Farm noise is exempt even when it causes a nuisance.
The following noises shall be exempt from prohibitions of this article, even when a nuisance is caused: ... (5)The operation of agricultural vehicles, tractors or other vehicles exempted from registration and licensing requirements under state law, or motor vehicle transporting poultry or livestock. ... (8)This article shall not apply to any noise emanating from an agricultural operation. For the purposes of this article, "agricultural operation" shall mean the production/raising for sale or personal use of crops or animals or fowl.(9)This article shall not apply to any noise emanating from any animal or gun used in the sport of hunting, target practice, or clay pigeons.
Full Breakdown
The protection for farming in the Cherokee County Code of Ordinances sits inside Article IV, Noise Regulations, in Chapter 15. Section 15-61 declares noise that substantially interferes with the comfortable enjoyment of persons of ordinary sensibilities to be unlawful and a nuisance in unincorporated Cherokee County, South Carolina. Section 15-65 then lists noises that are exempt from the prohibitions of the article, even when a nuisance is caused, and item (8) is the farm exemption: the article does not apply to any noise emanating from an agricultural operation.
The definition is broad on what counts as farming. "Agricultural operation" means the production or raising for sale or personal use of crops or animals or fowl. The words "personal use" bring in a household garden or a few backyard chickens, not only commercial farms, and the words "animals or fowl" bring in livestock and poultry.
Two neighboring items back it up. Item (5) exempts the operation of agricultural vehicles, tractors and other vehicles exempted from registration and licensing requirements under state law, and motor vehicles transporting poultry or livestock. Item (9) exempts noise from any animal or gun used in the sport of hunting, target practice or clay pigeons.
The exemption matters most against § 15-64(1), which otherwise makes it a nuisance to keep any animal, including a bird, causing a frequent or long, continued noise such as barking, howling or screeching. Because § 15-65 exempts agricultural operations from every prohibition of the article, a rooster, a cattle herd or a hog barn falls outside that rule. Item (10) gives the same treatment to industrial and commercial facility operations as the article defines them.
The exemption speaks only of noise and only of this article. It sits alongside the county's other chapters, such as the land development regulations in Chapter 13, and does not rewrite them.
Violations & Fines
Noise from an agricultural operation is outside the penalties of Article IV. The § 15-68 schedule, a fine of not more than one hundred dollars ($100.00) for a first violation, not more than three hundred dollars ($300.00) and/or no longer than thirty (30) days imprisonment for a second, and not more than five hundred dollars ($500.00) and/or no longer than thirty (30) days imprisonment for a third, applies to non-exempt noise heard in Magistrate's Court. No complaint procedure under § 15-67 applies to farm noise.
Frequently Asked Questions
Does the noise ordinance apply to farms in unincorporated Cherokee County, South Carolina?
What counts as an agricultural operation?
Are tractors and livestock trucks exempt from the noise rules?
Does the exemption cover barking or crowing animals?
Is hunting noise exempt too?
Sources & Official References
Other rules in Cherokee County
Compare Cherokee County to another location·View the South Carolina right to farm overview
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