Colorado Statewide Rule
Colorado Agricultural Land Right to Farm Protections
Key Facts
- Statute
- C.R.S. 35-3.5-101
- Protection Period
- 1 year operation
- Land Type
- Agricultural-zoned parcels
- Preemption
- Partial state preemption
Summary
Colorado's Right to Farm Act protects existing agricultural operations, including livestock and poultry, from nuisance claims when conducted on land zoned or used for agriculture statewide.
35-3.5-102. Agricultural operation deemed not nuisance - state agricultural commission - attorney fees - exceptions. (1) (a) Except as provided in this section, an Colorado Revised Statutes 2024 Page 43 of 601 Uncertified Printout agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. (b) An agricultural operation that employs methods or practices that are commonly or reasonably associated with agricultural production shall not be found to be a public or private nuisance as a result of any of the following activities or conditions: (I) Change in ownership; (II) Nonpermanent cessation or interruption of farming; (III) Participation in any government sponsored agricultural program; (IV) Employment of new technology; or (V) Change in the type of agricultural product produced.
Full Breakdown
Under C.R.S. 35-3.5-101 et seq., agricultural operations existing for one year or more on agricultural land are protected from nuisance lawsuits if they were not a nuisance when established. Local governments cannot retroactively declare agricultural uses a nuisance. However, municipalities retain home-rule authority to regulate livestock in residential zones. The state defines agricultural land for tax purposes under C.R.S. 39-1-102(1.6). Counties typically permit chickens and small livestock on agricultural-zoned parcels without numeric limits.
Violations & Penalties
Nuisance claims against protected operations are barred; cities imposing retroactive restrictions face preemption challenges.
Frequently Asked Questions
Does the Colorado Right to Farm Act override city chicken bans?
How long must an operation exist to qualify for protection?
Sources
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