Connecticut Statewide Rule
Connecticut Right To Farm Act Protects Agricultural Operations
Key Facts
- Governing statute
- Conn. Gen. Stat. § 19a-341
- One-year prerequisite
- Farm operating at least one year
- Local ordinances
- Optional; about 12 towns adopted
- Standard
- Generally accepted agricultural practices
- Not protected
- Negligent or unlawful operations
Summary
CGS Section 19a-341 shields agricultural operations from nuisance suits when conducted in accordance with generally accepted agricultural practices.
Sec. 19a-341. Agricultural or farming operation not deemed a nuisance; exceptions. Spring or well water collection operation not deemed a nuisance. (a) Notwithstanding the provisions of any general statute or municipal ordinance or regulation pertaining to nuisances to the contrary, no agricultural or farming operation, place, establishment or facility, or any of its appurtenances, or the operation thereof, shall be deemed to constitute a nuisance, either public or private, due to alleged objectionable (1) odor from livestock, manure, fertilizer or feed, (2) noise from livestock or farm equipment used in normal, generally acceptable farming procedures, (3) dust created during plowing or cultivation operations, (4) use of chemicals, provided such chemicals and the method of their application conform to practices approved by the Commissioner of Energy and Environmental Protection or, where applicable, the Commissioner of Public Health, or (5) water pollution from livestock or crop production activities, except the pollution of public or private drinking water supplies, provided such activities conform to acceptable management practices for pollution control approved by the Commissioner of Energy and Environmental Protection;
Full Breakdown
Connecticut's Right to Farm Act, codified at Conn. Gen. Stat. § 19a-341, provides that an agricultural or farming operation is not a nuisance because of changed conditions in surrounding non-agricultural areas, so long as the farm has operated at least one year and is not conducted negligently. The protection covers ordinary farm impacts like odor, noise, dust, and hours of operation. Municipalities may, but are not required to, adopt local right-to-farm ordinances, and roughly a dozen Connecticut towns have done so. The defense does not apply to operations conducted negligently or in violation of law.
Violations & Penalties
Right-to-farm protections do not shield negligent operations; municipalities or neighbors may still pursue claims for unsafe practices.
Frequently Asked Questions
What does Connecticut Right to Farm protect?
Do new neighbors override right-to-farm protections?
Sources
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