Maine Statewide Rule
Maine Right to Farm Law Protects Agricultural Operations
Key Facts
- Framework
- Maine Agriculture Protection Act, 7 MRS Ch. 6
- Operation threshold
- One-year operation threshold
- Best management
- Best management practices required
- Preemption
- Local nuisance bans preempted
- Farm types
- Crops, livestock, dairy, aquaculture, forestry
Summary
Maine's Right to Farm framework in the Maine Agriculture Protection Act (7 MRS Chapter 6) shields established farm operations from nuisance suits and restrictive local ordinances when generally accepted practices are followed.
§153. Farm; farm operation or agricultural composting operation not a nuisance A farm, farm operation or agricultural composting operation may not be considered a public or private nuisance under Title 17, chapter 91 if the farm, farm operation or agricultural composting operation alleged to be a nuisance is in compliance with applicable state and federal laws, rules and regulations and: [PL 2007, c. 649, §3 (NEW).] 1. Farm; farm operation; agricultural composting operation. The farm, farm operation or agricultural composting operation conforms to best management practices, as determined by the commissioner in accordance with Title 5, chapter 375; [PL 2007, c. 649, §3 (NEW).] 2. Storage or use of farm nutrients; complaints.
Full Breakdown
Title 7 MRS section 152 declares Maine's policy to conserve, protect, and encourage agricultural operations and prevent loss of farmland to nuisance lawsuits. A farm operation in existence for at least one year and using best management practices is presumed not a nuisance. Local ordinances cannot define operations that meet these standards as a nuisance. The law covers crop, livestock, dairy, aquaculture, and forestry activities. Affected operations may use the statute as an affirmative defense in nuisance actions.
Violations & Penalties
Nuisance suits against protected operations may be dismissed; courts may award attorney fees and costs to prevailing farms under 7 MRS section 153.
Frequently Asked Questions
What does Maine's Right to Farm law protect?
Does the law cover aquaculture and forestry?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.