Arkansas Code 2-4-101 et seq. shields farms and agricultural operations from nuisance lawsuits when operations existed before nearby non-farm land uses. The law protects established farming practices from later-arriving residential or commercial neighbors.
The Arkansas Right to Farm Act, codified at Arkansas Code 2-4-101 through 2-4-107, protects established agricultural and silvicultural operations from nuisance claims brought by neighbors who moved to the area or changed its use after the farm was established. Operations must comply with applicable laws and not be operated negligently. The protection covers customary farming activities including odors, dust, noise, and operational hours. Local zoning that conflicts with established agricultural operations is also limited. The law encourages stability and continuation of Arkansas agriculture statewide.
Negligent operation or violations of state law forfeit Right to Farm protection; nuisance plaintiffs may then proceed and recover damages or injunctive relief.
Fort Smith, AR
Swimming pools in Fort Smith must comply with the 2021 International Residential Code (Appendix G) and the Arkansas Pool Safety Act (A.C.A. 20-26-301 et seq....
Fort Smith, AR
Fort Smith's Chapter 27 UDO lists allowed residential fence materials (wood, metal tubing, wrought iron, stone, masonry, chain link, and listed vinyl/composi...
Fort Smith, AR
Fort Smith's Chapter 27 UDO does not require neighbor consent to build a fence; the owner only needs to stay on their own property and meet the city's height...
Fort Smith, AR
Fort Smith requires a building permit for any fence taller than 6 feet, issued by the Building Safety Division at 623 Garrison Avenue. Shorter fences must st...
Fort Smith, AR
Fort Smith's Unified Development Ordinance (Chapter 27, including Article 27-700 General Standards and Article 27-400 Zoning Districts) generally caps reside...
Fort Smith, AR
Fort Smith's Code of Ordinances does not impose a single fixed numerical cap on household dogs and cats, but Section 4-108 (effective July 17, 2023) requires...
See how Fort Smith's farm nuisance protection rules stack up against other locations.
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