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Moore, OK Right to Farm: Farm Nuisance Protection (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Protection
bars nuisance claims after 2 years (Sec 8-102)
Covers
crops, livestock, poultry, aquaculture, forestry
Includes
pens, barns, fences, feed storage expansions
Frivolous suit
loser pays costs and attorney fees
Still applies
state/federal ag laws (CAFO Act)

Summary

The City of Moore, Oklahoma shields established farm and ranch operations from nuisance lawsuits and enforcement under Section 8-102's agricultural exemption. Agricultural activities that predate nearby nonagricultural land uses and follow good practices are presumed reasonable, and a two-year operating history bars nuisance actions entirely.

Agricultural activities conducted on farm or ranch land, if consistent with good agricultural practices and established prior to nearby nonagricultural activities, are presumed to be reasonable and do not constitute a nuisance unless the activity has a substantial adverse effect on the public health and safety. ... No action for nuisance shall be brought against agricultural activities on farm or ranch land which has lawfully been in operation for two years or more prior to the date of bringing the action.

Full Breakdown

Section 8-102 of the Moore Code of Ordinances, part of Chapter 8-1's nuisance provisions, defines agricultural activities to include growing or raising horticultural and viticultural crops, berries, poultry, livestock, aquaculture, grain, mint, hay, and dairy products, plus forestry activities, and covers related improvements such as pens, barns, fences, and feed storage even when expanded with new technology, so long as the expansion is part of the same operating facility. An operation conducted on farm or ranch land consistent with good agricultural practices and predating nearby nonagricultural activity is presumed reasonable and not a nuisance unless it has a substantial adverse effect on public health and safety; conformity with federal, state, and local law creates a further presumption of good practice.

No nuisance action may be brought against agricultural activity that has lawfully operated for two years or more, and that established date survives a facility expansion, new technology, interruptions of no more than three years, or participation in a government agricultural program. A property owner who brings a frivolous or malicious nuisance suit against a protected farm operation must pay the defendant's costs and a reasonable attorney fee. The exemption does not excuse compliance with state and federal law, including the Oklahoma Concentrated Animal Feeding Operations Act, 2 O.S. Section 20-40 et seq., and the Oklahoma Registered Poultry Feeding Operations Act, 2 O.S. Section 10-9.1 et seq.

Violations & Fines

There is no separate criminal penalty in Section 8-102 itself; instead, it operates as an affirmative defense against nuisance prosecution and civil suits brought under Chapter 8-1. A landowner who sues a protected two-year-plus agricultural operation and loses on a frivolous or malicious claim must reimburse the farm's litigation costs and attorney fees under Section 8-102.

Frequently Asked Questions

Can a new neighbor sue an existing Moore farm for noise or odor?
Generally no. Under Section 8-102, an agricultural operation on farm or ranch land that predates nearby nonagricultural development and has lawfully run for two years or more is presumed reasonable and cannot be the subject of a nuisance action, unless it substantially harms public health and safety.
What counts as a protected agricultural activity in Moore?
Section 8-102 covers growing or raising horticultural and viticultural crops, berries, poultry, livestock, aquaculture, grain, mint, hay, and dairy products, plus forestry activities, along with related improvements like pens, barns, fences, and storage for produce, feed, or equipment tied to the same operating facility.
Does expanding a farm operation reset the two-year protection clock?
No. Under Section 8-102, physical expansion, adoption of new technology, an interruption of no more than three years, or enrollment in a government agricultural program does not create a new, separately established date of operation, so the original start date and its protection continue.

Sources & Official References

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