Kansas Statewide Rule
Kansas Agricultural Zoning and Right to Farm
Key Facts
- Agricultural use exemption
- Agricultural use exemption in zoning statutes
- Works with K.S.A.
- Works with K.S.A. 2-3201 Right to Farm Act
- Confined feeding operations
- Confined feeding operations may face specific rules
- State policy favors
- State policy favors preserving farmland uses
Summary
Kansas limits how local zoning can restrict bona fide agricultural operations and works alongside the Right to Farm Act to protect farmers.
Regulations adopted under authority of this act shall not apply to the existing use of any buildings or land and shall not prevent the restoration of a building damaged not more than 50% of its assessed valuation by fire, explosion, act of God or the public enemy, or prevent the continuance of the use of such building or part thereof as such use existed at the time of such damage, but shall apply to any alteration of a building to provide for a change in such use of any building or land after the effective date of any such zoning regulation. Except for flood plain regulations in areas designated as a flood plain, regulations adopted pursuant to this act shall not apply to the use of land for agricultural purposes, nor for the erection or maintenance of buildings thereon for such purposes so long as such land and buildings erected thereon are used for agricultural purposes and not otherwise.
Full Breakdown
Kansas county and city zoning enabling statutes generally exempt land used for agricultural purposes from many local zoning restrictions, particularly outside city limits. This exemption works in conjunction with the Right to Farm Act under K.S.A. 2-3201 to preserve farmland uses against incompatible non-farm development. Counties may regulate certain large confined animal feeding operations and structures, but cannot use zoning to prohibit ordinary crop and livestock production on agricultural land. Local governments must balance growth with the state policy favoring continued agricultural use.
Violations & Penalties
Zoning enforcement against protected agricultural uses may be invalidated under state agricultural exemptions.
Frequently Asked Questions
Can Kansas counties zone out small farms?
Are large feedlots subject to local rules?
Sources
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