Louisiana Statewide Rule
Louisiana Agricultural Zoning and Farm Land Use
Key Facts
- Right to Farm
- La. R.S. 3:3603
- Local nuisance ordinances
- Cannot shut down farms
- Parish zoning
- General authority under Title 33
- Covered operations
- Livestock and crop production
- Conflicting ordinances
- Challengeable
Summary
Louisiana's Right to Farm Law (La. R.S. 3:3603) bars local zoning from declaring a lawful, established agricultural operation a nuisance. Parishes retain general zoning authority under Title 33 but cannot use it to shut down bona fide farming that follows accepted practices.
A. No parish governing authority shall adopt any ordinance that declares any agricultural operation operated in accordance with generally accepted agricultural practices or traditional farm practices to be a nuisance or any zoning ordinance that forces the closure of any such agricultural operation. B. Municipal zoning and nuisance ordinances shall not apply to agricultural operations that were established outside the corporate limits of the municipality and that were incorporated into the municipality by annexation. C. The governing authorities of parishes and municipalities may adopt ordinances to prohibit or regulate agricultural operations that are negligently operated or that are not operated in accordance with generally accepted agricultural practices or traditional farm practices. D. The provisions of Subsection A of this Section shall not apply to Jefferson Parish.
Full Breakdown
Under La. R.S. 3:3601 et seq., the Right to Farm Law protects bona fide agricultural operations from being declared a nuisance by local ordinance when they comply with state law and generally accepted agricultural management practices. R.S. 3:3603 provides the core nuisance shield. Title 33 grants parishes and municipalities general zoning authority, but that power cannot be used to prohibit lawful agricultural activities such as poultry housing, livestock confinement, and crop spraying. Aggrieved farmers may challenge conflicting local ordinances and seek injunctive and declaratory relief.
Violations & Penalties
Conflicting local zoning ordinances are subject to challenge as ultra vires; aggrieved farmers may seek injunctive and declaratory relief and recovery of attorney fees in some cases.
Frequently Asked Questions
Can a parish zone out a farm?
Does the Right to Farm Law protect any farm?
Sources
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