Kentucky Right to Farm Nuisance Protection Law

KRS 413.072 declares it the policy of the Commonwealth to conserve, protect, and encourage the development and improvement of agricultural land for the production of food and other agricultural products. Agricultural operations and accepted farming practices that have been in operation for more than one year are presumed not to be a public or private nuisance, provided they are not negligent or in violation of state or federal law. Local zoning, planning, or other ordinances that would unreasonably restrict accepted agricultural operations are preempted. The statute applies to farms, dairies, livestock, poultry, aquaculture, and timber operations.

Plaintiffs filing nuisance suits against protected farms may be liable for the farm's costs and reasonable attorney fees. Local ordinances unreasonably restricting agriculture are unenforceable.