Delaware shields agricultural operations from nuisance lawsuits under 3 Del.C. 1401, protecting farms operating consistently with generally accepted agricultural practices for at least one year.
Title 3, Chapter 14 of the Delaware Code, the Delaware Right to Farm Act, declares that no agricultural or forestal operation that has been in operation for one year or more shall be deemed a nuisance, provided it conforms to generally accepted agricultural practices and applicable federal and state law. The statute protects farmers from suits brought by neighbors who move adjacent to existing operations. It does not shield operations from negligent acts, illegal pollution discharges, or violations of public health laws.
A nuisance suit against a protected farm may be dismissed; agricultural operations engaged in unlawful conduct lose protection and remain subject to fines and injunctions.
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See how Newark's farm nuisance protection rules stack up against other locations.
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