Kitsap County, WA Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing section
- KCC 17.455.100(A)
- State law paired with it
- Chapter 7.48 RCW, Right to Farm
- Standard required
- Agricultural best management practices
- Timing requirement
- Farm established before neighboring nonag uses
- Public notice
- Annual tax statement newsletter disclosure
- Jurisdiction reach
- Unincorporated Kitsap County only
Summary
Kitsap County Code 17.455.100 declares that agricultural operations following best management practices are not a public or private nuisance, protecting farms established before neighboring nonagricultural development moved in. The rule supplements the state right-to-farm law, Chapter 7.48 RCW, and applies only to unincorporated county land.
A. In addition to Chapter 7.48 RCW (Right to Farm), Kitsap County declares that agricultural operations in conformance with agricultural best management practices are not a public or private nuisance under this code; B. No agricultural operation or any of its appurtenances will be considered by Kitsap County to be or become a nuisance, private or public, by any changes in or on the surrounding land; provided, that the provisions of this subsection shall not apply whenever a nuisance results from the unlawful operation of any such agricultural operation or its appurtenances
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4864424; v0 updated 2025-12-08; through 12-08-2025).
Full Breakdown
" Subsection B extends that shield against changes in surrounding land use, stating no agricultural operation or its appurtenances will be considered a nuisance, private or public, "by any changes in or on the surrounding land," while carving out an exception where a nuisance results from unlawful operation of the farm. Subsection C requires the county to notify every landowner through the annual tax statement newsletter that unincorporated parcels "may be within or near agricultural lands on which a variety of commercial activities may occur," putting new residents on record notice before they move next to a working farm.
090, which lets legally established agricultural uses continue despite later-arriving neighbors, provided they comply with the county's Critical Areas Ordinance under Title 19. Because this is a county ordinance, it reaches unincorporated Kitsap County only; the incorporated cities of Bremerton, Port Orchard, Poulsbo and Bainbridge Island have their own municipal codes and are not bound by Title 17.
Violations & Fines
The right-to-farm protection is an affirmative defense against nuisance claims and code enforcement action rather than a fee schedule: a farm operator sued or cited over a qualifying agricultural activity can invoke KCC 17.455.100(A)-(B) and Chapter 7.48 RCW to defeat the claim, but the shield does not apply where the nuisance stems from an unlawfully operated agricultural operation, leaving that conduct subject to normal nuisance enforcement.
Frequently Asked Questions
Can my neighbor sue my Kitsap County farm for nuisance over noise or odors?
Does Kitsap County's right-to-farm law replace the state law?
Will I be told if I'm buying property near a working farm in Kitsap County?
Sources & Official References
Other rules in Kitsap County
Compare Kitsap County to another location·View the Washington right to farm overview
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