Colorado Statewide Rule
Colorado Right to Farm Nuisance Protection
Key Facts
- Authority
- Codified at CRS 35-3.5-102
- Measurement
- Operations must predate the complaint by one year
- Requirement
- Generally accepted practices required for protection
- Noise Limits
- Covers noise, dust, odors, and farm lighting
- Measurement
- Many counties require disclosure in real estate sales
Summary
Colorado's Right to Farm Act under CRS 35-3.5-102 shields agricultural operations from nuisance lawsuits when they follow generally accepted practices and predate complaints.
(2) (a) Notwithstanding any other provision of this section to the contrary, an agricultural operation shall not be found to be a public or private nuisance if such agricultural operation: (I) Was established prior to the commencement of the use of the area surrounding such agricultural operation for nonagricultural activities; (II) Employs methods or practices that are commonly or reasonably associated with agricultural production; and (III) Is not operating negligently.
Full Breakdown
The Colorado Right to Farm Act, codified at CRS 35-3.5-102, protects ranches, farms, and other agricultural operations from nuisance claims when they have been in operation for at least one year, comply with applicable laws, and use generally accepted agricultural practices. The protection extends to noise, dust, odors, smoke, and lights normally associated with farming. Subsequent residential development next to existing operations does not create a nuisance claim under the law. Counties must include right-to-farm disclosures in real estate transactions in many areas. Operations that change substantially may lose protection.
Violations & Penalties
Right-to-farm protection is a defense rather than a penalty, but improper claims may result in dismissal of nuisance suits and award of attorney fees to farmers.
Frequently Asked Questions
Can I sue a neighboring farm for noise or odor?
Does the Right to Farm Act apply to new operations?
Sources
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