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Colonie, NY Right to Farm: Farm Nuisance Protection (2026)

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

Key Facts

Exempted activity
Agricultural equipment operated on a farm
Scope of exemption
All Chapter 135 decibel limits and curfews
Farm definition source
Ch. 190, Zoning and Land Use
Other chapters
No exemption from zoning or building code

Summary

Colonie doesn't have a stand-alone right-to-farm law, but its noise ordinance carves out agricultural equipment: sounds from farm equipment operated on a farm, as defined in the Town's Land Use Law, are exempt from every decibel limit and curfew in Chapter 135. No other Colonie chapter shields farms from nuisance claims.

Regardless of the decibel limits, the provisions of this chapter shall not apply to: ... D. Sounds from agricultural equipment when operated on a farm, as defined in the Colonie Land Use Law.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4902401; v37 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Section 135-8 opens by declaring that, 'regardless of the decibel limits,' ten categories of sound are exempt from the entire noise chapter, and subsection D names one of them directly: sounds from agricultural equipment when operated on a farm, as defined in the Colonie Land Use Law. The exemption sits in the same list that protects emergency sirens, religious bells, funeral processions, snow-removal equipment and government construction work, putting farm equipment on equal footing with those public-interest exceptions rather than subjecting it to a case-by-case variance.

curfew on power equipment. The exemption is limited to noise: nothing in Chapter 135 shields farm operations from the Town's other regulatory chapters, such as zoning, building or nuisance provisions, so a farm still needs to comply with those separately. If a farm operation ever fell outside the exemption's terms, the Zoning Board could still grant a special variance under §135-11 on a showing of hardship, after notice to landowners within 200 feet and a Town Board filing fee.

Violations & Fines

Farm equipment that qualifies under §135-8D faces no noise-chapter penalty at all, at any hour, regardless of the decibel level it produces. Equipment or operations that fall outside the 'farm' definition in Chapter 190, however, are treated like any other noise source and exposed to the standard §135-10 schedule: $50 to $250 for a first conviction, rising to at least $250 and up to 15 days in jail for repeat offenses.

Frequently Asked Questions

Does Colonie have a right-to-farm law?
Not a stand-alone one. The closest local protection is §135-8D, which exempts agricultural equipment operated on a farm from every decibel limit and curfew in the Town's noise chapter, but Colonie's code does not extend that shield to zoning, building or general nuisance rules.
What counts as a 'farm' for Colonie's noise exemption?
The exemption's editor's note points to Chapter 190, Zoning and Land Use, for the governing definition of farm. Equipment operated on land that doesn't meet that zoning definition loses the exemption and falls back under the standard noise limits in §135-5.
Can a farm run equipment at night in Colonie?
Yes. Section 135-8 exempts qualifying farm equipment 'regardless of the decibel limits,' so the 10 p.m. to 7 a.m. curfew on power equipment in §135-5E and the 65 dBA nighttime cap in §135-5F don't apply to it.

Sources & Official References

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