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.
Quakertown, PA
Quakertown Borough Ch. 10, Part 1 (General Nuisances) prohibits using property or operating business to cause noise that annoys residents or interferes with ...
Quakertown, PA
Quakertown Borough Ch. 10 prohibits construction, excavation, trenching, or heavy equipment operation on Sundays and legal holidays. On other days, construct...
Quakertown, PA
Quakertown Borough Ch. 10 (General Nuisances) prohibits keeping or harboring any dog, animal, or fowl that by frequent howling, barking, or other noise annoy...
Quakertown, PA
Quakertown Borough Ch. 15 Part 3 restricts size, weight, and type of vehicles on certain roads. All vehicles must be registered, inspected, and operable. Com...
Quakertown, PA
Quakertown Borough Ch. 27 zoning requires all vehicles to be registered, inspected, and operable or kept in enclosed buildings. No specific RV parking provis...
Quakertown, PA
Quakertown Borough Ch. 27 Part 6 requires off-street parking per Table 6.1. Single-family spaces: 10 ft wide x 20 ft deep via driveway, carport, or garage. A...
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