Minnesota Statewide Rule
Minnesota Right to Farm Protections Under Statute 561.19
Key Facts
- Codified at Minn.
- Codified at Minn. Stat. 561.19
- Two-year prior operation
- Two-year prior operation threshold
- Bars nuisance claims
- Bars nuisance claims by later-arriving neighbors
- Does not protect
- Does not protect negligent or unlawful activity
Summary
Minnesota's Right to Farm law in Minn. Stat. 561.19 protects established agricultural operations from nuisance lawsuits when they have operated for at least two years and comply with applicable laws.
Subd. 2.Agricultural operation not a nuisance. (a) An agricultural operation is not and shall not become a private or public nuisance after two years from its established date of operation as a matter of law if the operation: (1) is located in an agriculturally zoned area; (2) complies with the provisions of all applicable federal, state, or county laws, regulations, rules, and ordinances and any permits issued for the agricultural operation; and (3) operates according to generally accepted agricultural practices.
Full Breakdown
Minn. Stat. 561.19 declares that an established agricultural or farming operation is not a public or private nuisance if it has operated lawfully for at least two years prior to the alleged nuisance, and the conditions complained of were not significantly altered. The statute prevents nuisance suits brought by neighboring landowners who later move in near pre-existing farms. It does not shield operations from negligent management, regulatory violations, or activities outside normal agricultural practice. The protection is widely applied to livestock, dairy, crop, and feedlot operations.
Violations & Penalties
Bringing a barred nuisance action may result in dismissal and award of attorney fees and costs to the defending farm operator under Minn. Stat. 561.19.
Frequently Asked Questions
Does Minnesota's Right to Farm law block all lawsuits against farms?
How long must a farm operate to gain Right to Farm protection?
Sources
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