Anne Arundel County, MD Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing section
- County Code § 17-10-301
- Defense trigger
- Accepted practices or prior operation
- Not protected
- Negligent or willfully injurious conduct
- Origin
- 1985 Code Art. 17 § 1-106; Bill 58-04
- Coverage
- Unincorporated County, not Annapolis or Highland Beach
Summary
Anne Arundel County agricultural operations have a defense against private nuisance lawsuits if they use accepted practices and comply with law, or began before the neighboring use existed.
If it is alleged in a private action that an agricultural operation interferes with the use and enjoyment of private property, because that action constitutes a private nuisance, the person charged in the action shall not be liable if the agricultural operation: (1) is being conducted in accordance with generally accepted agricultural practices and conforms to federal, State, and County law; or (2) commenced prior to the use of the property by the person alleged to have suffered injury as a result of the operation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-93: County Code is current through May, 2026).
Full Breakdown
Under County Code § 17-10-301, a farmer sued for private nuisance in Anne Arundel County, including unincorporated communities like Glen Burnie, Severna Park, Pasadena, and Odenton, has a full defense if the agricultural operation follows generally accepted agricultural practices and complies with federal, state, and County law, or if the operation predates the neighboring use that later moved in next to it. The defense covers cultivation, livestock, poultry, dairy, produce, apiaries, silviculture, and wineries, but it does not shield operations run negligently or in a willfully injurious manner.
Violations & Fines
Operations conducted negligently or in a willfully injurious manner lose the defense entirely, exposing the farm to standard private nuisance liability, including injunctions and money damages, under Maryland common law.
Frequently Asked Questions
Does Anne Arundel County have a right-to-farm law?
Does the defense protect a farm run negligently?
Does this apply in Glen Burnie or Severna Park?
Sources & Official References
Other rules in Anne Arundel County
Compare Anne Arundel County to another location·View the Maryland right to farm overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.