South Dakota's Right to Farm Act under SDCL 21-10-25.2 protects established agricultural operations from nuisance lawsuits brought after surrounding land use changes.
SDCL 21-10-25.2 declares that no agricultural operation shall be deemed a nuisance if it has been in operation for more than one year and was not a nuisance at its start, even if changing conditions in or about the locality otherwise would constitute a nuisance. The statute protects farms from suits brought by neighbors who move near pre-existing operations and seek to enjoin sounds, odors, or dust. Negligent operation, illegal conduct, and significant changes in operation may forfeit protection.
Farms violating environmental, water quality, or health rules lose Right to Farm protection and can be sued; punitive damages are possible for willful misconduct.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Sioux Falls, SD
Sioux Falls Code § 93.008 prohibits operating a motor vehicle unless its exhaust system is free from defects, fitted with a muffler/noise-dissipative device,...
Sioux Falls, SD
Outdoor amplified music in Sioux Falls is subject to Chapter 93 use-district limits unless a special permit is obtained. The Main Street Sioux Falls Business...
Sioux Falls, SD
Sioux Falls Code § 93.003 sets maximum sound pressure levels at the property boundary: 60 dBA daytime / 55 dBA nighttime in residential use districts and 65 ...
Sioux Falls, SD
Aircraft-in-flight noise is preempted by federal law (FAA / 49 U.S.C. § 40103 navigable airspace) and is NOT regulated by Sioux Falls Code Chapter 93. Joe Fo...
Sioux Falls, SD
Sioux Falls treats abandoned, wrecked, dismantled, or inoperable vehicles as nuisances under § 93.026 of the City Code. On public streets, removal proceeds u...
Sioux Falls, SD
Sioux Falls § 160.480 permits standard residential fence materials (wood, vinyl, chain link, wrought iron, aluminum) but prohibits barbed wire and razor wire...
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