Washington County, MD Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing ordinance
- Right to Farm Ordinance, Article 3 § 301
- Enabling statute
- Code of Public Local Laws § 1-1101
- Effective date
- January 1, 2004
- Review body
- 5-member Agricultural Reconciliation Board (WCARB)
- Health complaints
- Filed with County Health Department
Summary
A farm operating on agricultural land in Washington County cannot be sued as a nuisance for interfering with neighboring use or enjoyment of property, as long as it follows Generally Accepted Agricultural Management Practices, under the county's Right to Farm Ordinance.
A private action may not be sustained with respect to an Agricultural Operation conducted on Agricultural Land on the grounds that the Agricultural Operation interferes or has interfered with the use or enjoyment of real property, whether public or private, if the Agricultural Operation was, at the time the interference is alleged to arise, conducted in accordance with Generally Accepted Agricultural Management Practices.
Full Breakdown
The Right to Farm Ordinance for Washington County, Maryland, adopted October 28, 2003 and effective January 1, 2004 under authority of Code of Public Local Laws § 1-1101, bars most nuisance lawsuits against working farms. Article 3, § 301(a) states that "a private action may not be sustained with respect to an Agricultural Operation conducted on Agricultural Land on the grounds that the Agricultural Operation interferes or has interfered with the use or enjoyment of real property, whether public or private," so long as the operation followed Generally Accepted Agricultural Management Practices at the time the interference is alleged to have arisen.
Section 301(b) adds a procedural bar: no interference lawsuit can be maintained unless the plaintiff first sought and obtained a final decision from the Washington County Agricultural Reconciliation Board (WCARB), a five-member panel created under Article 4 with one appointee each from the Farm Bureau, the Maryland Cooperative Extension, two citizens at large, and an attorney. Complaints alleging a farm's operations affect public health instead go to the County Health Department under Article 5, § 501: the Health Officer investigates and may declare a nuisance, applying the ordinance's criteria and optionally consulting the University of Maryland Cooperative Extension Service or other experts.
Article 6 also requires the County to give notice of the right-to-farm policy to residents near agricultural land, and Article 7 requires a real estate transfer disclosure statement when property near farmland changes hands, so buyers are warned in advance about noise, odors, dust, and similar normal farm impacts.
Violations & Fines
A neighbor cannot win a private nuisance suit against a compliant farm operation, and any such suit is barred outright unless the plaintiff first obtained a final decision from the Agricultural Reconciliation Board under Article 4. Public-health nuisance complaints instead go through the County Health Department's investigation and declaration process under § 501, not the courts directly.
Frequently Asked Questions
Can I sue a farm next door for smells or noise in Washington County, MD?
Do I have to do anything before suing over a farm nuisance?
Who handles a complaint that a farm is a public health nuisance?
Sources & Official References
Other rules in Washington County
Compare Washington 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.