Arkansas Statewide Rule
Arkansas Right to Farm Nuisance Protection Law
Key Facts
- Codified at Ark.
- Codified at Ark. Code 2-4-101 et seq.
- Protects established farms
- Protects established farms first in time
- Covers odor, dust,
- Covers odor, dust, and noise complaints
- Negligence forfeits protection
- Negligence forfeits protection
Summary
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.
(a) An agricultural operation or its facilities or appurtenances shall not be or become a public or private nuisance as a result of any changed conditions in and about the locality after it has been in operation for a period of one (1) year or more when the agricultural operation or its facilities or appurtenances were not a nuisance at the time the agricultural operation began.
Full Breakdown
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.
Violations & Penalties
Negligent operation or violations of state law forfeit Right to Farm protection; nuisance plaintiffs may then proceed and recover damages or injunctive relief.
Frequently Asked Questions
Does Right to Farm cover all farms?
Can cities still enforce health and safety rules?
Sources
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