Arkansas Code 2-4-101 et seq. shields farms and agricultural operations from nuisance lawsuits when operations existed before nearby non-farm land uses. The law protects established farming practices from later-arriving residential or commercial neighbors.
The Arkansas Right to Farm Act, codified at Arkansas Code 2-4-101 through 2-4-107, protects established agricultural and silvicultural operations from nuisance claims brought by neighbors who moved to the area or changed its use after the farm was established. Operations must comply with applicable laws and not be operated negligently. The protection covers customary farming activities including odors, dust, noise, and operational hours. Local zoning that conflicts with established agricultural operations is also limited. The law encourages stability and continuation of Arkansas agriculture statewide.
Negligent operation or violations of state law forfeit Right to Farm protection; nuisance plaintiffs may then proceed and recover damages or injunctive relief.
Springdale, AR
Pools, hot tubs, and spas deeper than 24 inches in Springdale must be enclosed by a barrier under the city's Premises Maintenance Code (Chapter 91, Article I...
Springdale, AR
Springdale's Code of Ordinances does not publish a closed list of allowed residential fence materials. Wood, vinyl, ornamental metal, chain link, and masonry...
Springdale, AR
Springdale's Code of Ordinances does not require a neighbor's consent to install a fence on your own land. Boundary and partition-fence disputes between adjo...
Springdale, AR
Springdale fence installations are reviewed by the Building and Development Services Department under Chapter 22 (Building) and Chapter 130 (Zoning). A permi...
Springdale, AR
Springdale regulates fence height through Chapter 130 (Zoning Ordinance) by district rather than a single citywide cap. Industrial uses required to be enclos...
Springdale, AR
Springdale Municipal Code Chapter 14 (Animals) does not publish a numeric cap on the total number of dogs or cats per household, and instead relies on rabies...
See how Springdale's farm nuisance protection rules stack up against other locations.
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