Nebraska Right to Farm Act Protects Existing Operations

Neb. Rev. Stat. 2-4403 declares that an agricultural operation is not a public or private nuisance if it has operated for one year or more and was not a nuisance when it began. Section 2-4404 voids any city, village, or county ordinance that purports to declare a protected operation a nuisance. The Act protects farming, livestock confinement, dairying, poultry, beekeeping, and customary practices like fertilization, dust, noise, and odor consistent with generally accepted agricultural practices. Protection is forfeited if the operation is negligent, violates environmental statutes, or changes substantially. Counties keep zoning authority over new livestock confinement under the Livestock Operation Siting and Expansion Act, but cannot retroactively label a pre-existing farm a nuisance.

If a local ordinance is declared inconsistent with section 2-4404, the protected farm operator may seek declaratory and injunctive relief and may recover costs. Courts will dismiss nuisance suits brought against protected operations.