Delaware Statewide Rule
Delaware Right to Farm Nuisance Protection
Key Facts
- Note
- Codified at 3 Del.C. 1401
- Note
- Requires one year of operation
- Requirement
- Generally accepted practices required
- Note
- No protection for negligence
- Note
- Defends against nuisance suits
Summary
Delaware shields agricultural operations from nuisance lawsuits under 3 Del.C. 1401, protecting farms operating consistently with generally accepted agricultural practices for at least one year.
No agricultural or forestal operation within this State which has been in operation for a period of more than 1 year shall be considered a nuisance, either public or private, as the result of a changed condition in or about the locality where such agricultural or forestal operation is located.
Full Breakdown
Title 3, Chapter 14 of the Delaware Code, the Delaware Right to Farm Act, declares that no agricultural or forestal operation that has been in operation for one year or more shall be deemed a nuisance, provided it conforms to generally accepted agricultural practices and applicable federal and state law. The statute protects farmers from suits brought by neighbors who move adjacent to existing operations. It does not shield operations from negligent acts, illegal pollution discharges, or violations of public health laws.
Violations & Penalties
A nuisance suit against a protected farm may be dismissed; agricultural operations engaged in unlawful conduct lose protection and remain subject to fines and injunctions.
Frequently Asked Questions
Can neighbors sue a longtime Delaware farm for odors?
Does Right to Farm cover unlawful pesticide use?
Sources
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