El Paso County, CO Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Code section
- LDC § 1.5
- State statute referenced
- C.R.S. § 35-3.5-101 et seq.
- Applies to
- Unincorporated county agriculture
- Effect
- Limits nuisance claims
Summary
El Paso County's Land Development Code recognizes Colorado's right-to-farm law, limiting when agricultural operations in the unincorporated county can be treated as a nuisance.
Colorado is a "right-to-farm" state, meaning that certain protections are afforded agricultural operations by limiting the circumstances by which agriculture operations may be deemed to be a nuisance pursuant to C.R.S. §35-3.5-1-1 et seq.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Land Development Code: Supplement 3 | Drainage Criteria Manual: Publication | Engineering Criteria Manual: Supplement 3 | Ordinances: Reformat).
Full Breakdown
Section 1.5 of the Land Development Code states that Colorado is a "right-to-farm" state, affording protections to agricultural operations by limiting the circumstances under which they may be deemed a nuisance under C.R.S. §35-3.5-101 et seq. This applies to unincorporated El Paso County agricultural operations.
Violations & Fines
Not applicable: this section limits nuisance liability for qualifying agricultural operations rather than creating a penalty.
Frequently Asked Questions
Does El Paso County protect farms from nuisance lawsuits?
What statute backs this protection?
Sources & Official References
Other rules in El Paso County
Compare El Paso County to another location·View the Colorado right to farm overview
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