Franklin County, WA Right to Farm: Farm Nuisance Protection (2026)

010 applies this chapter to the unincorporated areas of Franklin County. 0210 finds that agricultural activities and forest practices in urbanizing areas often face nuisance lawsuits that force farmland and timberland out of production prematurely, and states the chapter's purpose is protecting agricultural activity and forest practices from those suits. 030 does the protecting: an agricultural activity or forest practice consistent with good agricultural and forest practices is presumed reasonable and cannot be found a nuisance unless it has a substantial adverse effect on public health and safety, and an activity that conforms to applicable laws and rules cannot be restricted as to the hours or days it runs.

The chapter does not bar anyone from suing for damages. 040 defines 'agricultural activity' broadly to include marketed produce at roadside stands, noise, odors, dust, machinery and irrigation pump operation, use of county road ditches and waterways, aerial and ground application of fertilizers and plant protection products, beekeeping, labor, roadway movement of equipment and livestock, protection from wildlife damage, and building and maintaining fences, roads, bridges, ponds and drains. 050 lets a farmer who prevails in a nuisance action, or who beats an allegation that a farm activity violated a law, rule or ordinance and suffers actual damages, recover the full costs and expenses reasonably incurred, including attorney fees, and even exemplary damages if the court finds the suit was filed maliciously and without probable cause. That cost recovery does not run against a state or local agency investigating or pursuing a legitimate enforcement action.