Lyon County, NV Right to Farm: Farm Nuisance Protection (2026)
Key Facts
- Governing law
- Lyon County Code §§ 15.20.01-15.20.04
- Adopted
- Ordinance 603, November 1, 2018
- State tie-in
- Nevada Revised Statutes 40.140
- Complaint process
- Community Development, title 15 chapter 15
- Seller duty
- Written disclosure statement required before sale
- Applies to
- Unincorporated Lyon County agricultural/commercial land
Summary
Lyon County's right-to-farm ordinance shields agricultural operations in unincorporated Lyon County, Nevada from nuisance claims tied to noise, odor, dust or 24-hour farm activity, so long as the operation follows accepted agricultural customs and does not violate federal, state or local law. The protection tracks Nevada Revised Statutes 40.140 and covers commercial agricultural and livestock operations on agricultural or commercial land countywide.
15.20.03: NUISANCE: A. No present or future agricultural operation or any of its appurtenances conducted or maintained for commercial purposes and in a manner consistent with proper and accepted customs and standards of the agricultural industry on agricultural land or commercial land shall be deemed a nuisance, due to any changed condition of the use of adjacent land and water rights appropriated for that land in or about the locality thereof; provided, that the provisions of this section shall not apply whenever a nuisance results from the negligent or improper operation of any such agricultural operation and its appurtenances or if the agricultural activity or appurtenances obstruct the free passage or use in the customary manner of any navigable lake, stream, river, canal or basin or any public park, square, street or highway. Consistent with Nevada Revised Statutes 40.140(2), it is presumed that an agricultural activity which does not violate a Federal, State or local law, ordinance or regulation constitutes good agricultural practice consistent with proper and accepted customs and standards of the agricultural industry.
Full Breakdown
Under Lyon County Code § 15.20.03, no present or future commercial agricultural operation on agricultural or commercial land in unincorporated Lyon County, Nevada can be deemed a nuisance because of a changed condition on adjacent land, provided the operation follows accepted agricultural customs and standards and does not violate federal, state or local law. The ordinance, adopted by the Board of County Commissioners as Ordinance 603 on November 1, 2018, tracks Nevada Revised Statutes 40.140 and creates a presumption that any agricultural activity that complies with law is good agricultural practice.
The protection covers noise, odors, dust, traffic and machinery operation around the clock, including holidays and weekends, under § 15.20.02. It does not cover a nuisance caused by negligent or improper operation, or activity that obstructs a navigable lake, stream, river, canal, basin or a public park, square, street or highway. As a condition of subdivision or parcel map approval, developers must notify future buyers of the right-to-farm protection and record a signed acknowledgment on the land development maps under § 15.20.03(C). Separately, § 15.20.04 requires every seller of real property in the county to give prospective buyers a written disclosure statement describing agricultural setback requirements and water rights restrictions, which the buyer must sign, with the seller keeping the executed copy in escrow.
A landowner or resident who believes a farm is not following accepted customs and standards can file a complaint with Community Development using the procedures in title 15, chapter 15.
Violations & Fines
The right-to-farm ordinance is a defense against nuisance suits and complaints rather than a licensing scheme, so it carries no standalone fine. A seller who fails to provide the § 15.20.04 disclosure statement, or a developer who skips the required buyer notice on a subdivision or parcel map under § 15.20.03(C), can face enforcement under Lyon County's general code violation and civil remedy provisions.
Frequently Asked Questions
Does Lyon County's right-to-farm law protect me from a neighbor's nuisance lawsuit?
Do sellers have to disclose farm activity near a property?
What activities does the ordinance cover?
Who enforces it and how do I complain about a farm?
Sources & Official References
Other rules in Lyon County
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