Pennsylvania's Right to Farm Act (Act 133 of 1982, 3 P.S. §951 et seq.) protects established agricultural operations from local nuisance lawsuits and overly restrictive municipal ordinances. Operations in existence for at least one year and following normal agricultural practices are presumed not to be a nuisance. Municipalities cannot enact ordinances that restrict normal ag activities.
The Pennsylvania Right to Farm Act (Act 133 of 1982), codified at 3 P.S. §951 et seq., is one of the oldest state farm-protection statutes in the country. The Act provides that "agricultural operations" — defined broadly to include crop production, livestock, poultry, dairying, forestry, aquaculture, and direct-marketing — that have been in operation for one year or more and follow generally accepted normal agricultural operating practices may not be deemed a public or private nuisance based on changed conditions in or around the operation. 3 P.S. §954 also limits the power of municipalities: no ordinance may define or enforce as a public nuisance any agricultural operation lawfully conducted, and any ordinance restricting "direct commercial sales" of farm products on the farm itself is presumptively invalid. The Pennsylvania Attorney General is empowered under §954(b) to bring action against municipalities that adopt unauthorized ordinances. Amendments through Act 38 of 2005 further strengthened protections for Concentrated Animal Operations (CAOs) and authorized farmer recovery of attorney's fees in successful preemption challenges.
A municipality that adopts an ordinance violating the Right to Farm Act may be sued by the PA Attorney General, by farm operators, or by the State Conservation Commission. Successful farmers may recover attorney's fees under 3 P.S. §954. Nuisance suits against protected operations may be dismissed with prejudice and the plaintiff may be liable for the farmer's legal fees if the suit is found to violate the Act.
McKeesport, PA
Persistent dog barking enforceable as public nuisance under McKeesport code and PA Dog Law 3 P.S. 459. Complaints handled by police and ACHD animal services.
McKeesport, PA
Industrial and commercial noise sources subject to Allegheny County Health Department Article XXI air quality and noise provisions plus McKeesport zoning per...
McKeesport, PA
Construction noise generally restricted to daytime hours (typically 7 AM to 8 PM weekdays) under McKeesport nuisance provisions. Emergency utility and public...
McKeesport, PA
Overnight parking is permitted on most McKeesport residential streets. Snow emergency routes and posted zones prohibit overnight parking when declared or sig...
McKeesport, PA
McKeesport has no citywide EV charging mandate. Residential Level 1 and Level 2 chargers require an electrical permit under the PA UCC. Public chargers exist...
McKeesport, PA
New driveways and curb cuts require a permit from McKeesport Public Works. Driveways must not drain onto public sidewalks and must use approved apron materials.
See how McKeesport's farm nuisance protection rules stack up against other locations.
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