Colonie, NY Right to Farm: Farm Nuisance Protection (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.
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?
What counts as a 'farm' for Colonie's noise exemption?
Can a farm run equipment at night in Colonie?
Sources & Official References
Other rules in Colonie
New York rules heatmap·Compare Colonie to another location·View the New York right to farm overview
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