Alaska Right to Farm Protections Under AS 09.45.235

AS 09.45.235 provides that an agricultural facility or operation is not a public or private nuisance if it has been in operation for more than one year and was not a nuisance at the time it began. The protection applies to operations conducted in conformity with generally accepted agricultural practices. The statute encourages continued farming as land uses change around farms. It does not protect against negligent operation, water pollution, or violations of state or federal environmental law. Plaintiffs bringing nuisance claims must address the statutory bar.

Plaintiffs filing nuisance suits against protected operations risk dismissal and award of costs under the statute.