Montana Statewide Rule
Montana Right to Farm Act Protects Livestock Operations
Key Facts
- Statute
- MCA 76-2-901 to 76-2-903
- Qualifying test
- $1,500 income or ag tax class
- Zoning
- Not overridden
- Scope
- Livestock, poultry, dairy, crops
Summary
Montana's Right to Farm and Ranch Act (MCA 76-2-901 to 76-2-903) bars local ordinances from declaring established livestock and poultry operations a nuisance based on changed conditions, but it does not override city zoning.
An agricultural or farming operation, a place, an establishment, or a facility or any of its appurtenances or the operation of those things is not or does not become a public nuisance because of its normal operation as a result of changed residential or commercial conditions in or around its locality if the agricultural or farming operation, place, establishment, or facility has been in operation longer than the complaining resident has been in possession or the commercial establishment has been in operation.
Full Breakdown
MCA 76-2-901 through 76-2-903 protect agricultural activities, including livestock, poultry, dairy, and crops, from local zoning and nuisance ordinances. A qualifying operation is not a nuisance merely because the surrounding area later changed. 'Agricultural activity' is defined by a $1,500 gross-income threshold or agricultural/forest tax classification (MCA 76-2-902). The Act limits later-enacted local ordinances that would target established operations, but cities and counties keep general zoning authority, so poultry or livestock in residential districts can still be regulated by zoning.
Violations & Penalties
A qualifying operation cannot be declared a nuisance by a later local ordinance; operations must still comply with valid zoning and environmental laws.
Frequently Asked Questions
Does Montana's Right to Farm Act override city chicken bans?
Which operations qualify for Right to Farm protection?
Sources
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