Utah Code 78B-6-1101 protects established agricultural operations from nuisance lawsuits when surrounding land uses change toward residential development.
Utah's Right to Farm Act under Section 78B-6-1101 et seq. shields agricultural operations operating for at least one year from nuisance claims based on changed conditions in the locality. Protected activities include crop production, livestock raising, dairy, poultry, and customary agricultural practices conducted in conformance with generally accepted standards. Nuisance protection does not apply when operations violate state or federal law, are negligently conducted, or pollute waters. The statute encourages residential developers and new neighbors to acknowledge proximity to farm operations. Counties must include right-to-farm disclosures in subdivision plat reviews near agricultural zones.
Plaintiffs filing nuisance suits against protected farms may face dismissal and award of attorney fees if the operation qualifies under the Right to Farm Act.
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