Washington RCW 7.48.305 protects established agricultural activities from nuisance lawsuits when operations existed before nearby nonagricultural land uses changed the area.
Washington's Right to Farm Act, RCW 7.48.305, declares that agricultural activities conducted on farmland are not public or private nuisances if consistent with good agricultural practices and established prior to surrounding nonagricultural activities. The statute protects farms from suits arising from typical farming sounds, odors, dust, and other operational features when neighbors moved in after the farm was established. Protection extends to crops, livestock, dairying, and aquaculture among others. The law preserves remedies for negligent or unlawful operations that cause harm. RCW 7.48.300 declares it state policy to protect agriculture from urban encroachment. Plaintiffs filing nuisance suits dismissed under the act may be liable for the farmer's attorney fees and costs.
Plaintiffs filing protected nuisance claims may have suits dismissed and pay defendant's attorney fees under RCW 7.48.305. Negligent farm operations remain subject to ordinary liability.
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