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Boone County, KY Right to Farm: Farm Nuisance Protection (2026)

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

Key Facts

Protected operations
Farms existing before the nuisance claim
Excluded
Kennels, dog and cat production facilities
Exception
Negligent operation loses protection
Grievance filing window
30 days of the incident
Committee size
5 members, advisory decision only
Decision timeline
Meets in 30 days, rules in 20

Summary

A farm operating lawfully before nearby development moved in cannot be declared a nuisance just because the neighborhood around it changed, under Boone County Code § 93.21. Neighbors who still object to noise, odors, dust or spraying can bring the dispute to a five-member grievance committee under § 93.24 before filing suit.

These county ordinances apply to unincorporated areas of Boone County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

§ 93.21 PRE-EXISTING AGRICULTURAL OPERATIONS. No agricultural operation or any of its appurtenances shall be or become a nuisance, private or public, by any changed conditions in or about the locality thereof after the same has been in operation or existence prior to the changed condition, when such operation was not a nuisance at the time the operation began; provided, that the provisions of this section shall not apply whenever a nuisance results from the negligent operation of any such agricultural operation or its appurtenances.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-28: Supplement contains: Local legislation current through Ordinance 2025-20, passed 6-17-25; and State legislation current through KRS 2025).

Full Breakdown

20 defines an AGRICULTURAL OPERATION broadly to cover crop, livestock and poultry production, horticulture and timber growing, and related activities, but it specifically excludes any facility built to produce or keep dogs and cats or run a kennel. 21 gives a qualifying operation its right-to-farm protection: once the operation existed and was not a nuisance when it began, later changes in the surrounding area, like new subdivisions moving in next door, cannot turn it into a nuisance, private or public, unless the farm itself starts operating negligently.

23 makes the whole subchapter override any conflicting county ordinance or resolution on point. 24 offers a grievance-committee process for complaints about noise, odors, fumes, dust, round-the-clock equipment use, manure storage or the spraying of fertilizers, herbicides or pesticides: the complaining neighbor can bring the dispute, within 30 days of the incident or of learning of it, to a five-member committee made up of a County Judge/Executive appointee, the county's Extension Agent for Agriculture, the Director of the county Planning and Zoning Commission, the President of the County Farm Bureau, and the President of the Northern Kentucky Home Builders Association. The committee investigates, must meet within 30 days of the request, and issues an advisory written decision within 20 days of that meeting.

Violations & Fines

The protection is not absolute: § 93.21 carves out an exception when a nuisance results from the farm's own negligent operation, in which case ordinary nuisance law still applies. The grievance-committee process under § 93.24 is advisory only and does not replace the right to file a private nuisance lawsuit; a neighbor can go to court instead of, or after, bringing the dispute to the committee.

Frequently Asked Questions

Can new neighbors sue an existing Boone County farm as a nuisance?
Not for conditions that existed when the farm began operating. Section 93.21 protects an agricultural operation from nuisance claims that arise only because the surrounding area changed after the farm was already there and lawful, as long as the farm is not being run negligently.
Does the right-to-farm law cover a boarding kennel?
No. Section 93.20 defines AGRICULTURAL OPERATION to exclude any facility for producing or keeping dogs or cats, or any kennel operation, so a kennel does not get the § 93.21 nuisance protection that crop, livestock and poultry operations receive.
What can I do if a nearby farm's spraying or noise bothers me?
Section 93.24 lets you bring a complaint about noise, odors, dust, machinery use or chemical spraying to a five-member grievance committee within 30 days of the incident. The committee's decision is advisory only, so you can still pursue a lawsuit if the dispute is not resolved.

Sources & Official References

Other rules in Boone County

All Boone County rules

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