Montana Right to Farm Act Protects Livestock Operations

MCA 27-30-101 through 27-30-104 declares agricultural operations not a nuisance when they have existed for three years or more and were not nuisances when established. The statute preempts local governments from declaring qualifying agricultural activity a nuisance through later-enacted ordinances. Plaintiffs filing unsuccessful nuisance suits may be liable for the operator's attorney fees. Cities and counties retain zoning power, but agricultural land uses pre-dating residential expansion remain protected. The protection covers livestock, poultry, dairy, and crop operations equally across Montana.

Nuisance claims against protected operations are dismissed; losing plaintiffs may pay defendant's costs and reasonable attorney fees under the statute.