Nevada Right to Farm Protection Under NRS 40.140

NRS 40.140 provides that no agricultural activity, operation, or facility conducted on farmland is or shall become a private or public nuisance if it has lawfully operated for three or more years and existed before changed surrounding conditions. The statute protects farms from nuisance lawsuits arising from typical farm activities including odor, noise, dust, and operational hours. Protection does not extend to operations conducted negligently, in violation of law, or those that have substantially expanded beyond original character. Plaintiffs filing frivolous nuisance suits may be liable for the farm operator's attorney fees.

There are no penalties imposed on protected farms; instead, nuisance lawsuits against qualifying agricultural operations may be dismissed with attorney fee awards to the farm.