Washington County, AR Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Policy declared
- Right to farm is county policy
- State law adopted
- A.C.A. § 2-4-101 et seq.
- Buyer notice
- Recorded in Circuit Clerk's real estate records
- Enforcement tied to
- County Code § 11-51 et seq.
- Adopted
- Ord. 2006-013, passed May 13, 2006
Summary
Washington County declares "the right to farm" to be official county policy under Code of Ordinances Section 1320.05(10), and folds the state's farm-nuisance protections into county law by adopting Arkansas Code Section 2-4-101 et seq. as a county ordinance. The provision sits inside the same 2006 article that requires a recorded notice warning unincorporated-area buyers that farming may occur nearby.
10) RIGHT TO FARM. The right to farm is hereby declared to be the policy of Washington County. A.C.A. �� 2-4-101, et. seq. is hereby adopted as a County Ordinance.
11) This Ordinance is amendatory to Washington County Code section 11-51 et seq., and enforceable as set out therein. (Ord. 2006-013, passed 5-13-2006; Am. Ord. 2006-044, passed 7-14-2006)
� 1320.06 INTERLOCAL AGREEMENT BETWEEN THE COUNTY AND THE CITY OF FARMINGTON REGARDING PLANNING MATTERS.
1) That said Interlocal Agreement is approved and the County Judge is authorized to sign such.
2) EMERGENCY CLAUSE. It is hereby found and determined that an emergency exists, affecting the life, health, safety, and property of the citizens of Washington County, in that this interlocal agreement is immediately necessary due to the rapid growth in the County, and this Ordinance shall be in full force and effect immediately upon passage. (Ord. 2006-064, passed 11-13-2006)
� 1320.07 ZONING ADMINISTRATION.
1) ZONES CREATED. All of the unincorporated portions of the County are hereby zoned, unless depicted otherwise, as shown on the official zoning map which together with all explanatory materials thereon is hereby adopted by reference and declared to be a part of this Article.
2) MAP LOCATION. Said map shall be located in the offices of the County Clerk and the
Full Breakdown
, the state's farm-nuisance protection statute, as a county ordinance in its own right rather than leaving it as background state law. 05(1)'s recorded real estate notice, which puts every buyer of unincorporated county land on notice that "agricultural operations may now or in the future be located in the vicinity," so a new neighbor cannot later claim the farm operation came as a surprise. 05(9) separately requires every plat filed with the Planning Board to note the uses of adjoining property, again so agricultural neighbors are disclosed before development is approved, with the developer responsible for making that determination.
" The protection applies only in the unincorporated area of Washington County; incorporated cities inside the county, such as Fayetteville, Springdale, Farmington and Elkins, regulate agricultural nuisance claims under their own separate municipal codes. The whole article, including the right-to-farm declaration, was adopted by Ord. 2006-013, passed May 13, 2006, and amended by Ord. 2006-044, passed July 14, 2006, both recorded in Chapter 13 (Urban/Rural Development) of the county code.
Violations & Fines
Section 1320.05(11) ties enforcement of the right-to-farm article, along with the rest of Section 1320.05, to Washington County Code section 11-51 et seq., stating the article "is amendatory to" that section "and enforceable as set out therein." The county code text supplied for this article does not print a separate stand-alone fine schedule for a right-to-farm complaint itself.
Frequently Asked Questions
Does Washington County have its own right-to-farm law?
Can a new resident sue a nearby farm as a nuisance after moving in?
Where in the county code is the right-to-farm declaration found?
Sources & Official References
Other rules in Washington County
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