Colorado Right to Farm Nuisance Protection

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.

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.